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 1597 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XI IndexGeneral LV Population of Georgia CountiesAlphabetically CLII Population of Georgia CountiesNumerically CLV Georgia Senatorial Districts, Alphabetically by County CLVII Georgia Senators, Alphabetically by Name CLIX Georgia Senators, Numerically by District CLXI Georgia House Districts, Alphabetically by County CLXIV Georgia Representatives, Alphabetically by Name CLXVI Georgia Representatives, Numerically by District CLXXIV Status of Referendum Elections CLXXXII Vetoes by the Governor CCLXXX VOLUME TWO Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiv Acts and Resolutions of Local Application 3501 County Home Rule Actions 5499 Municipal Home Rule Actions 5563 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XI IndexGeneral LV Population of Georgia CountiesAlphabetically CLII Population of Georgia CountiesNumerically CLV Georgia Senatorial Districts, Alphabetically by County CLVII Georgia Senators, Alphabetically by Name CLIX Georgia Senators, Numerically by District CLXI Georgia House Districts, Alphabetically by County CLXIV Georgia Representatives, Alphabetically by Name CLXVI Georgia Representatives, Numerically by District CLXXIV Status of Referendum Elections CLXXXII Vetoes by the Governor CCLXXX
i
COMPILER'S NOTE General Acts and Resolutions of the 1987 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 1597. 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 1987 are printed in Volume II beginning at page 5499. Home rule actions by municipalities which were filed in the office of the Secretary of State during 1987 are printed in Volume II beginning at page 5563. There are no numbered pages between page 1601 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.
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ACTS BY NUMBERS, PAGE REFERENCES 1 1 2 2 3 3 4 34 5 3501 6 3503 7 3506 8 3508 9 37 10 3512 11 3514 12 3516 13 3518 14 3520 15 3523 16 3525 17 3527 18 3529 19 3531 20 3533 21 3535 22 3537 23 3539 24 3541 25 3543 26 3545 27 3548 28 3550 29 3552 30 3554 31 3556 32 3558 33 3560 34 3562 35 3564 36 3566 37 3568 38 3570 39 3572 40 3574 41 3576 42 3578 43 3580 44 3582 45 3584 46 38 47 3586 48 3588 49 3590 50 3592 51 3594 52 3596 53 3598 54 3600 55 3602 56 3604 57 3606 58 3608 59 3610 60 3612 61 3614 62 3616 63 3618 64 3620 65 3623 66 3625 67 3631 68 3633 69 3635 70 3637 71 3639 72 3641 73 3643 74 3645 75 3647 76 3649 77 3651 78 3653 79 3655 80 3657 81 3659 82 3661 83 3663 84 3665 85 3667 86 3669 87 139 88 3673 89 3680 90 3689 91 3691 92 3693 93 3696 94 3698
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95 3700 96 3703 97 3705 98 3707 99 3709 100 3711 101 3713 102 3715 103 3717 104 3719 105 3722 106 3724 107 3726 108 3728 109 3730 110 3732 111 3734 112 3736 113 3738 114 146 115 3740 116 3752 117 150 118 166 119 167 120 169 121 173 122 175 123 176 124 3765 125 3771 126 3773 127 3775 128 3780 129 3782 130 3784 131 3786 132 3788 133 3790 134 3792 135 3794 136 3796 137 3798 138 3800 139 3802 140 3804 141 3805 142 3807 143 3809 144 3811 145 3813 146 3815 147 3817 148 3819 149 3821 150 3823 151 3825 152 3827 153 3829 154 3831 155 3833 156 3835 157 3837 158 3839 159 3841 160 178 161 179 162 185 163 186 164 3843 165 191 166 234 167 3858 168 240 169 250 170 3860 171 3863 172 3865 173 251 174 252 175 260 176 3906 177 3914 178 261 179 3983 180 266 181 3989 182 268 183 275 184 3991 185 3993 186 4020 187 4021 188 4024 189 4026 190 4043 191 4083 192 4087 193 4089 194 4091 195 4093 196 4095 197 4098 198 4103
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199 4107 200 4111 201 4115 202 4118 203 4122 204 4124 205 4127 206 4132 207 4136 208 4168 209 4170 210 4172 211 4174 212 4180 213 4195 214 4197 215 4199 216 4201 217 4203 218 4205 219 4207 220 4209 221 4213 222 4218 223 4220 224 4222 225 4224 226 4227 227 4231 228 4239 229 4241 230 4245 231 4250 232 4252 233 4254 234 4259 235 4261 236 4263 237 4267 238 4270 239 4274 240 4276 241 4279 242 4281 243 4287 244 4290 245 4293 246 4295 247 4298 248 4300 249 4302 250 4304 251 4306 252 4308 253 4310 254 4328 255 4361 256 4364 257 4366 258 4395 259 4397 260 4399 261 4403 262 4404 263 4406 264 4409 265 4412 266 4414 267 4417 268 4419 269 4423 270 4427 271 4429 272 4430 273 4432 274 4438 275 4441 276 4444 277 4460 278 4462 279 4464 280 4466 281 4468 282 4470 283 4475 284 4478 285 4482 286 4485 287 4487 288 4489 289 4491 290 4493 291 4495 292 4503 293 4505 294 4507 295 4509 296 4510 297 4512 298 4515 299 4517 300 4519 301 4521 302 4523
ix
303 4525 304 4527 305 4530 306 4532 307 4534 308 4536 309 4538 310 4540 311 4542 312 4544 313 4546 314 4548 315 279 316 282 317 283 318 286 319 291 320 4550 321 4552 322 4554 323 4557 324 4593 325 4596 326 4607 327 4609 328 4689 329 294 330 295 331 4718 332 4721 333 4725 334 4753 335 296 336 4766 337 4768 338 4770 339 4773 340 4775 341 4777 342 4780 343 4782 344 4789 345 4792 346 4796 347 4798 348 4801 349 4804 350 4805 351 4808 352 4810 353 4812 354 4814 355 297 356 4817 357 4819 358 4821 359 4824 360 4826 361 4829 362 4831 363 4835 364 4837 365 4840 366 4842 367 4844 368 4849 369 4852 370 4854 371 4857 372 4891 373 4893 374 316 375 4895 376 4897 377 4904 378 4908 379 4910 380 4912 381 4915 382 4919 383 4929 384 4943 385 4955 386 4958 387 4961 388 4963 389 4964 390 4967 391 4969 392 4971 393 4973 394 4976 395 4978 396 4980 397 4983 398 4988 399 4992 400 4994 401 5007 402 5009 403 5013 404 5015 405 5018 406 5032
x
407 5035 408 5042 409 5053 410 5070 411 5085 412 5101 413 5103 414 5105 415 5109 416 5111 417 5113 418 5115 419 5118 420 5121 421 5128 422 5130 423 5133 424 5135 425 5146 426 5150 427 5152 428 5154 429 5156 430 5158 431 5160 432 5216 433 5221 434 5223 435 5225 436 5228 437 5230 438 5236 439 5238 440 5240 441 5242 442 5244 443 5246 444 5249 445 5252 446 5255 447 5257 448 5259 449 5262 450 5263 451 5265 452 5267 453 5270 454 5272 455 5275 456 5277 457 5279 458 5281 459 5284 460 5286 461 5288 462 5290 463 5299 464 5325 465 5330 466 5334 467 5354 468 5358 469 5361 470 5364 471 5367 472 5381 473 5388 474 5391 475 5394 476 5397 477 5400 478 5409 479 5412 480 5414 481 5416 482 5418 483 5424 484 5441 485 317 486 319 487 320 488 322 489 324 490 325 491 325 492 328 493 329 494 330 495 331 496 334 497 337 498 339 499 340 500 342 501 343 502 345 503 347 504 348 505 349 506 351 507 352 508 353 509 355 510 357
xi
511 358 512 359 513 360 514 361 515 363 516 364 517 365 518 366 519 369 520 370 521 373 522 374 523 375 524 5449 525 377 526 378 527 381 528 382 529 385 530 387 531 389 532 390 533 392 534 393 535 396 536 397 537 398 538 399 539 5452 540 400 541 401 542 403 543 404 544 406 545 407 546 409 547 410 548 414 549 417 550 428 551 430 552 431 553 432 554 433 555 435 556 439 557 440 558 443 559 444 560 445 561 448 562 452 563 454 564 455 565 457 566 458 567 465 568 467 569 468 570 469 571 473 572 475 573 476 574 477 575 479 576 480 577 481 578 484 579 485 580 486 581 524 582 525 583 529 584 530 585 534 586 535 587 536 588 537 589 539 590 541 591 542 592 553 593 555 594 557 595 558 596 559 597 561 598 562 599 563 600 564 601 565 602 567 603 573 604 575 605 595 606 596 607 603 608 611 609 613 610 614 611 617 612 619 613 622 614 623
xii
615 624 616 626 617 630 618 631 619 632 620 634 621 635 622 641 623 642 624 647 625 5457 626 654 627 655 628 656 629 658 630 660 631 662 632 663 633 665 634 745 635 787 636 794 637 797 638 805 639 806 640 810 641 813 642 814 643 816 644 817 645 5460 646 820 647 822 648 832 649 834 650 837 651 840 652 841 653 842 654 843 655 846 656 848 657 849 658 866 659 869 660 870 661 875 662 887 663 891 664 896 665 904 666 905 667 906 668 908 669 911 670 912 671 913 672 915 673 922 674 932 675 945 676 949 677 953 678 959 679 964 680 965 681 967 682 968 683 977 684 979 685 983 686 984 687 986 688 989 689 990 690 992 691 993 692 997 693 999 694 1000 695 1005 696 1007 697 1009 698 1010 699 1012 700 1013 701 1018 702 1020 703 1021 704 1023 705 1030 706 1032 707 1035 708 1037 709 1038 710 1040 711 1046 712 1047 713 1049 714 1050 715 1051 716 1054 717 1055 718 1057
xiii
719 1059 720 1062 721 1064 722 1065 723 1067 724 1072 725 1082 726 1089 727 1090 728 1091 729 1093 730 1100 731 1101 732 1110 733 1113 734 1114 735 1116 736 1117 737 1119 738 1120 739 1131 740 1133 741 1141 742 1142 743 1145 744 1149 745 1152 746 1153 747 1155 748 1156 749 1159 750 1164 751 1169 752 1299 753 1300 754 1319 755 1322 756 1333 757 5479 758 5484 759 5488 760 1334 761 5490 762 1335 763 5494 764 1337 765 1342 766 1347 767 1349 768 1360 769 1384 770 1386 771 1397 772 1400 773 1413 774 1416 775 1425 776 1431 777 1433 778 1435 779 1439 780 1442 781 1444 782 1446 783 1448 784 1454 785 1459 786 1462 787 1464 788 1466 789 1470 790 1474 791 1482 792 1486 793 1489 794 1491 795 1494 796 1497 797 1575 798 1576 799 1586 RESOLUTIONS BY NUMBER, PAGE REFERENCES 1 276 2 669 3 670 4 672 5 674 6 676 7 677 8 678
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9 681 10 682 11 686 12 688 13 691 14 693 15 695 16 697 17 698 18 702 19 704 20 705 21 706 22 707 23 709 24 710 25 711 26 714 27 716 28 723 29 724 30 725 31 726 32 728 33 730 34 733 35 734 36 735 37 736 38 739 39 742 40 743 41 1598 42 1130 BILLS AND RESOLUTIONSACT NUMBER REFERENCES 1 672 2 753 3 9 6 587 10 647 11 87 12 486 13 27 16 487 17 608 18 488 19 489 20 490 21 491 23 3 25 492 26 4 27 764 28 588 29 609 30 493 31 781 33 494 35 765 38 744 43 749 44 495 45 496 55 589 56 766 63 497 64 28 67 498 69 590 70 591 72 592 73 648 76 706 78 192 79 350 80 593 82 673 87 165 92 782 94 499 99 594 105 1 108 174 109 45 112 193 121 595 122 194
xv
123 195 125 674 126 610 127 649 131 500 132 767 133 596 134 29 135 501 138 196 141 597 142 675 148 502 149 197 150 198 153 199 154 503 155 797 156 30 160 676 162 504 165 Veto No. 3 166 650 169 178 171 351 178 505 180 598 182 315 183 677 184 160 185 768 187 355 188 633 189 611 190 506 193 707 197 Veto No. 5 198 769 201 770 202 635 203 612 205 31 206 167 207 200 208 32 209 657 210 783 211 201 212 613 222 599 224 600 225 46 226 796 232 754 234 601 236 96 237 202 239 602 241 507 243 Veto No. 7 244 651 245 771 246 784 247 708 255 603 257 203 258 724 259 204 260 5 263 785 264 652 265 746 266 725 267 604 269 726 271 743 275 316 276 205 277 678 279 114 284 206 285 207 286 208 287 209 288 210 289 786 291 653 292 727 293 211 294 485 295 33 296 34 297 605 298 212 300 606 302 163 304 179 307 508 309 317 310 509 316 56 317 213 319 35 320 36
xvi
321 37 322 38 323 39 324 40 325 214 326 510 327 318 328 634 332 215 333 369 335 614 338 654 342 709 343 511 344 162 347 Veto No. 6 349 352 350 41 351 42 352 216 353 217 354 168 355 710 361 43 362 44 363 132 365 615 366 218 368 219 370 133 372 220 373 353 377 512 378 513 380 616 383 607 386 95 387 711 388 12 389 13 390 14 395 15 396 16 398 516 399 514 400 17 402 752 403 18 406 19 407 20 408 21 410 221 411 222 416 741 417 223 421 567 422 712 432 568 439 713 441 224 445 655 449 225 450 569 451 517 452 617 453 8 454 750 455 618 456 570 457 571 459 572 460 787 461 518 462 728 463 679 465 714 466 573 468 226 479 755 483 22 484 23 485 24 486 25 490 57 492 26 493 772 495 227 496 228 497 574 498 619 501 575 502 58 508 660 509 59 512 60 513 61 514 62 515 729 521 715 522 659 525 6 526 7 527 229 528 63
xvii
529 97 531 64 533 65 534 66 535 67 536 68 537 69 538 730 539 432 540 620 541 731 545 230 546 70 548 231 549 232 553 756 554 233 557 732 558 576 559 680 561 681 562 577 563 621 567 234 568 235 569 236 570 71 573 88 574 89 576 519 577 126 578 237 579 238 580 72 581 239 582 716 583 520 585 578 589 176 590 128 591 73 592 74 593 75 594 76 595 77 596 78 597 79 605 682 606 622 607 794 610 683 611 579 614 319 616 717 617 80 618 733 619 580 620 81 621 240 622 115 623 581 624 684 625 734 627 241 628 242 629 116 630 243 641 582 643 354 644 467 647 623 649 685 651 134 653 583 654 624 655 584 657 718 662 123 663 686 667 320 676 585 677 586 678 773 679 244 682 98 683 99 684 100 686 521 689 245 690 246 691 247 692 248 697 101 698 522 707 795 709 249 711 250 712 251 716 82 720 719 721 252 722 720 723 625 724 180
xviii
726 735 728 370 729 523 730 253 731 371 732 177 734 254 741 736 742 774 744 255 746 372 747 102 749 256 750 257 754 373 755 169 756 125 759 515 760 103 761 258 762 104 763 83 764 84 765 85 766 259 769 260 770 261 774 524 779 262 780 263 781 264 782 265 783 266 784 267 785 105 786 106 787 374 788 107 789 86 795 757 797 775 800 626 801 268 802 108 803 124 804 525 805 269 806 270 807 526 809 737 810 Veto No. 9 811 627 812 527 813 271 814 375 815 738 819 272 820 273 825 274 827 275 828 376 829 276 832 277 833 377 834 109 835 528 836 788 838 378 839 628 840 789 843 721 845 379 846 278 847 279 850 464 851 280 852 380 853 381 854 321 855 110 856 281 857 111 858 282 863 322 864 112 866 135 868 283 869 136 872 284 873 629 874 630 875 285 877 529 879 286 880 323 881 324 884 287 885 288 886 289 887 290
xix
894 292 895 113 897 631 898 170 899 171 900 137 902 328 903 382 904 293 906 383 907 384 909 385 913 722 914 294 916 658 917 181 925 466 926 295 927 296 928 138 929 297 930 386 931 387 932 463 933 468 935 Veto No. 4 938 139 939 140 940 141 941 388 943 298 944 142 945 143 946 144 947 389 949 530 953 723 954 531 955 145 956 146 957 147 958 471 961 469 962 390 963 391 966 392 969 470 970 393 971 148 972 149 973 150 974 394 975 151 976 395 977 465 978 396 984 462 985 299 986 300 987 301 988 302 989 303 991 304 992 397 994 435 996 407 997 406 1000 404 1002 434 1004 433 1005 438 1006 305 1007 408 1010 632 1012 152 1013 153 1014 437 1015 172 1016 400 1017 401 1018 306 1019 430 1027 429 1028 424 1033 402 1034 431 1038 307 1039 308 1040 423 1043 403 1045 405 1049 428 1050 409 1051 427 1054 309 1055 426 1058 425 1059 154 1060 155 1061 436 1062 156 1063 164 1064 439 1065 157
xx
1066 159 1067 158 1068 310 1069 311 1076 758 1077 440 1078 441 1080 483 1081 442 1082 443 1083 444 1084 481 1085 445 1086 448 1087 446 1088 447 1090 482 1091 472 1092 450 1093 449 1094 451 1095 452 1096 312 1097 453 1098 759 1099 473 1100 457 1101 456 1103 477 1105 313 1106 314 1107 474 1108 475 1109 476 1110 478 1111 479 1112 480 1113 484 1118 399 1119 418 1120 413 1122 410 1124 422 1125 455 1126 414 1127 416 1128 412 1129 417 1132 411 1135 420 1137 419 1140 415 1141 458 1142 421 1143 454 1145 459 1146 460 1147 461 9 19 11 20 17 21 25 2 42 22 53 3 55 4 56 23 58 24 59 25 60 5 61 6 62 7 64 8 96 9 99 10 100 11 101 12 109 13 125 26 130 42 133 27 146 28 188 29 218 30 249 31 250 32 252 33 254 34 265 35 270 36 275 37 280 38 298 39 2 662 4 329
xxi
10 688 13 549 14 689 23 330 24 637 25 663 26 776 27 664 31 777 33 Veto No. 8 34 747 39 550 41 748 43 690 44 551 45 552 47 691 57 553 59 2 68 554 69 48 71 692 72 331 75 555 77 665 78 556 80 638 81 118 82 119 83 117 84 121 85 122 86 120 92 793 95 10 96 778 101 693 104 760 105 666 106 557 107 161 112 558 113 687 115 332 119 559 121 694 123 166 130 560 131 561 132 639 133 790 136 640 139 761 140 745 142 562 143 563 144 564 145 695 146 565 151 641 156 566 159 740 160 532 162 798 165 356 170 Veto No. 2 172 184 173 533 177 Veto No. 1 179 751 180 534 181 11 184 127 185 333 186 334 187 642 188 535 189 667 190 696 191 742 196 536 198 537 199 538 200 697 203 698 205 539 206 668 208 791 213 49 215 699 216 173 217 47 218 669 219 335 220 799 223 540 224 50 225 53 226 51 227 643 229 700 230 175 231 701 233 336
xxii
236 541 239 542 240 90 241 91 242 92 243 93 244 357 250 337 251 358 252 359 254 182 256 644 263 183 264 543 266 779 267 702 268 656 274 544 275 670 276 338 277 339 278 636 279 340 280 360 282 780 283 671 284 645 286 545 287 546 289 739 293 52 294 54 295 55 296 341 297 362 298 94 299 185 301 762 303 343 306 661 308 342 312 646 314 186 319 344 328 345 329 363 333 398 336 703 337 129 338 130 339 547 341 187 350 364 353 346 356 763 357 548 361 792 362 131 363 188 366 704 368 705 369 189 380 361 381 365 382 190 383 347 386 191 387 348 389 349 390 366 391 367 392 368 12 14 17 15 19 40 33 16 45 1 99 41 120 17 157 18
3501
LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1987 CITY OF CUTHBERT STREET CLOSURE. No. 5 (House Bill No. 260). AN ACT To grant to the municipal governing authority of the City of Cuthbert express legislative authority to close, vacate, and convey by deed certain described real property; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The municipal governing authority of the City of Cuthbert is granted express legislative authority to close, vacate, and convey by deed to Franchise Enterprises, Inc., its successors, and assigns, all of the right, title, and interest of the said city in and to that portion of Elm Street in said city which runs between the north right of way of Dawson Street and the south right of way of U.S. Highway No. 82 (also known as Broad Street) for the purpose of enabling said Franchise
3502
Enterprises, Inc., its successors, and assigns to construct upon said portion of Elm Street and adjoining properties a Hardees Restaurant and related facilities. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LEGAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to authorize an Act granting to the governing body of the City of Cuthbert, Georgia, authority to close, abandon and grant to Franchise Enterprises, Inc., that portion of Elm Street in the said City which runs between the north right-of-way of Dawson Street and the south right-of-way of Broad Street (also known as U. S. Highway No. 82) for the purpose of permitting a Hardee's Restaurant to be constructed thereon; to provide an effective date; and for other purposes. This 8th day of January, 1987. 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 Southern Tribune which is the official organ of Randolph County, on the following date: January 8, 1987. /s/ Gerald E. Greene Representative, 130th District
3503
Sworn to and subscribed before me, this 16th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 6, 1987. HARALSON COUNTY CLERK OF THE SUPERIOR COURT; ANNUAL SALARY IN LIEU OF FEES. No. 6 (House Bill No. 525). AN ACT To abolish the present mode of compensating the clerk of the Superior Court of Haralson County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the clerk to collect and retain fees due for services performed prior to the effective date of this Act; to provide for collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of deputies, clerks, assistants, and all required personnel by said officer; to provide for compensation of such personnel; 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 of Haralson County, known as the fee system, is abolished and, in lieu thereof, annual compensation for such officer is prescribed as provided in this Act.
3504
Section 2. The clerk of the Superior Court of Haralson County shall receive an annual salary of $31,050.00. Such salary shall be payable in equal monthly installments from the funds of Haralson County. Section 3. After the effective date of this Act, said officer 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 the clerk as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public moneys, and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the clerk of the superior court 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 4. Notwithstanding the provisions of Section 3 of this Act, the clerk shall be authorized and entitled to receive, collect, and retain any and all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and other emoluments which the clerk was due for services performed prior to the effective date of this Act. Section 5. The clerk of the superior court shall have the authority to appoint such deputies, clerks, assistants, or other personnel not to exceed three in number as the clerk shall deem necessary to discharge the official duties of the clerk's office efficiently and effectively. The compensation to be received by each employee shall be fixed jointly by the clerk and the county commissioner. It shall be within the sole power and authority of the clerk of the superior court, during the clerk's 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 the clerk's sole discretion. Section 6. The necessary operating expenses of the clerk of the superior court's office, expressly including the compensation
3505
of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said 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 shall be at the sole discretion of the county commissioner of Haralson County. Section 7. 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 8. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF LEGISLATION TO INTRODUCE LEGAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to change the compensation of the clerk of the Superior Court of Haralson County from a fee basis to a salary basis; to provide for matters relative thereto; and for other purposes. This 5th day of January, 1987. Mary Ann Weatherby Clerk Superior Court Haralson County, Georgia 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 8, 1987. /s/ Thomas B. Murphy Representative, 18th District
3506
Sworn to and subscribed before me, this 30th day of January, 1987. /s/ Lounell R. Jones Notary Public, Rockdale County, Georgia My Commission Expires March 18, 1990 (SEAL) Approved February 10, 1987. HARALSON COUNTY COMMISSIONER; COMPENSATION. No. 7 (House Bill No. 526). AN ACT To amend an Act creating the office of county commissioner of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 255), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3947), so as to change the compensation of the county commissioner of Haralson 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 creating the office of county commissioner of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 255), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3947), is amended by striking from subsection a of Section 13 the following: thirty thousand dollars ($30,000.00), and inserting in lieu thereof the following: thirty-five thousand dollars ($35,000.00),
3507
so that when so amended subsection a of Section 13 shall read as follows: a. The County Commissioner of Haralson County shall be compensated in the amount of thirty-five thousand dollars ($35,000.00) per annum, payable in equal monthly installments from the funds of Haralson 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 1987 session of the General Assembly of Georgia a bill to change the compensation of the county commissioner of Haralson County; to provide for matters relative thereto; and for other purposes. This 5th day of January, 1987. James M. Davenport 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 8, 1987. /s/ Thomas B. Murphy Representative, 18th District
3508
Sworn to and subscribed before me, this 30th day of January, 1987. /s/ Lounell R. Jones Notary Public, Rockdale County, Georgia My Commission Expires, March 18, 1990 (SEAL) Approved February 10, 1987. MITCHELL COUNTY SCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 8 (House Bill No. 453). AN ACT To provide that 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
3509
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. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Mitchell County shall call and conduct an election for the purpose of submitting this Act to the electors of the Mitchell County school district for approval or rejection. The election shall be conducted not later than December 31, 1987. 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; 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. Additionally, if the election is not conducted on or before December 31, 1987, this Act shall be automatically repealed on January 1, 1988. The expense of such election shall be borne by Mitchell County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
3510
Section 3. All laws and parts of laws in conflict with this Act are repealed. A BILL TO BE ENTITLED AN ACT To provide that 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 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. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Mitchell County shall call and conduct an election for the purpose of submitting this Act to the electors of the Mitchell County school district for approval or rejection. The election
3511
shall be conducted not later than December 31, 1987. 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 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; 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. Additionally, if the election is not conducted on or before December 31, 1987, this Act shall be automatically repealed on January 1, 1988. The expense of such election shall be borne by Mitchell 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. 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 16, 1987. /s/ A. Richard Royal Representative, 144th District
3512
Sworn to and subscribed before me, this 21st day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 12, 1987. LAGRANGE DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 10 (Senate Bill No. 95). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the LaGrange Development Authority (Res. Act No. 101; H.R. 392-866; Ga. L. 1964, p. 779); 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 LaGrange Development Authority (Res. Act No. 101; H.R. 392-866; Ga. L. 1964, p. 779) 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.
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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 1987 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 LaGrange Development Authority (Res. Act. No. 101; H.R. 392-866; Ga. L. 1964, P. 779); and for other purposes. This 9th day of January, 1987. /s/ J.G. Newman J.G. Newman, Mayor City of LaGrange PUBLISHER'S AFFIDAVIT State of Georgia, County of Troup. Personnaly 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 copy of Notice of Intention to Introduce Local Legislation was published therein on January 9, 1987. /s/ Glen O. Long, PUBLISHER LAGRANGE DAILY NEWS Sworn to and subscribed before me this 9th day of January, 1987. /s/ James R. Lewis, Notary Public Troup County, Georgia. My Commission Expires: September 12, 1988. Approved February 18, 1987.
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DOOLY COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 11 (Senate Bill No. 181). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Dooly County Industrial Development Authority (Res. Act No. 247; H.R. 678-1464; Ga. L. 1968, p. 1768); 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 Dooly County Industrial Development Authority (Res. Act No. 247; H.R. 678-1464; Ga. L. 1968, p. 1768) 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 1987 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 Dooly County Industrial Development Authority (Res. Act No. 247; H.R. 678-1464; Ga. L. 1968, p. 1768); and for other purposes.
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This 8 day of January, 1987. R.L. Bowen PUBLISHER'S AFFIDAVIT Georgia, Dooly County Personally appeared before the undersigned officer authorized by law to administer oaths in the State of Georgia, Peggy King, who being duly sworn, says that she is general manager of The News Observer, with principal offices in Vienna, Dooly County, Georgia, published weekly and having general circulation within the area of Dooly County, and who further states that the advertisement of Notice of Intention to Introduce Local Legislation, a true and correct copy of which is affixed hereto, was published in its edition for January 15, 1987. /s/ Peggy King, General Manager The News Observer Sworn to and subscribed before me this 15th day of January, 1987. /s/ John N. Davis NOTARY PUBLIC My Commission Expires 9/15/89 Approved February 18, 1987.
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FLOYD COUNTY BONDS; SCHOOLS BEYOND THE TWELFTH GRADE; AREA SCHOOLS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 12 (House Bill No. 388). 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 Floyd County to issue general obligation bonds for the purpose of establishing schools beyond the twelfth grade and to levy taxes for the payment of such bonds and to levy a tax to pay the tuition and expenses of students attending such schools and authorizing Floyd County to join with other counties and municipalities to establish area schools beyond the twelfth grade (Resolution Act No. 214; Senate Resolution 196; Ga. L. 1964, p. 1063); 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 Floyd County to issue general obligation bonds for the purpose of establishing schools beyond the twelfth grade and to levy taxes for the payment of such bonds and to levy a tax to pay the tuition and expenses of students attending such schools and authorizing Floyd County to join with other counties and municipalities to establish area schools beyond the twelfth grade (Resolution Act No. 214; Senate Resolution 196; Ga. L. 1964, p. 1063) 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.
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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 1987 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 Floyd County to issue general obligation bonds for the purpose of establishing schools beyond the twelfth grade and to levy taxes for the payment of such bonds and to levy a tax to pay the tuition and expenses of students attending such schools and authorizing Floyd County to join with other counties and municipalities to establish area schools beyond the twelfth grade (Resolution Act No. 214); Senate Resolution 196; Ga. L. 1964, p. 1063); and for other purposes. This 17 day of January, 1987. Honorable E. M. Childers Representative, 15th District Forest McKelvey Rep., 15th District Edward Hine, Jr. Paul Smith 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 22, 1987. /s/ E. M. Childers Representative, 15th District
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Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987. FLOYD COUNTY BOARD OF EDUCATION; DISTRICTS; SCHOOL SUPERINTENDENT; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 13 (House Bill No. 389). 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 division of Floyd County into school board districts, the election of members of the county board of education from such districts, and the election or appointment of a county school superintendent by the county board of education (Resolution Act No. 154; House Resolution 111-540a; Ga. L. 1952, p. 605, as amended by Resolution Act No. 257; Senate Resolution 207; Ga. L. 1968, p. 1798); 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 division of Floyd County into school board districts, the election of members of the county board of education from such districts, and the election or appointment of a county school superintendent by the county board of education (Resolution Act No. 154; House Resolution 111-540a; Ga. L. 1952, p. 605,
3519
as amended by Resolution Act No. 257; Senate Resolution 207; Ga. L. 1968, p. 1798) 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 1987 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 the division of Floyd County into school board districts, the election of members of the county board of education from such districts, and the election or appointment of a county school superintendent by the county board of education (Resolution Act No. 154; House Resolution 111-540a; Ga. L. 1952, p. 605, as amended by Resolution Act. No. 257; Senate Resolution 207; Ga. L. 1968, p. 1798); and for other purposes. This 17th day of January, 1987. E. M. Childers Honorable E. M. Childers Representative, 15th District Forrest McKelvey Rep. 15th District Edward Hine Paul Smith 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
3520
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 22, 1987. /s/ E. M. Childers Representative, 15th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987. FLOYD COUNTY JUVENILE COURT; JUDGE; ELECTION; TERMS; COMPENSATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 14 (House Bill No. 390). 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 initial appointment and subsequent election of the judge of the juvenile court of Floyd County; to provide for the terms of said judge and to shorten the term of such judge in office immediately prior to the effective date of this amendment; to provide for vacancies; to provide for the qualifications and compensation of said judge; and to provide that said judge may serve full time or part time (Resolution Act No. 220; House Resolution 551-1437; Ga. L. 1980, p. 2200); to provide the authority for this Act; to repeal conflicting laws; and for other purposes.
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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 initial appointment and subsequent election of the judge of the juvenile court of Floyd County; to provide for the terms of said judge and to shorten the term of such judge in office immediately prior to the effective date of this amendment; to provide for vacancies; to provide for the qualifications and compensation of said judge; and to provide that said judge may serve full time or part time (Resolution Act No. 220; House Resolution 551-1437; Ga. L. 1980, p. 2200) 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 1987 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 provide by local law for the initial appointment and subsequent election of the judge of the juvenile court of Floyd County; to provide for the terms of said judge and to shorten the term of such judge in office immediately prior to the effective date of this amendment; to provide for vacancies; to provide for the qualifications and compensation of said judge; and to provide that said judge may serve full time or part time (Resolution Act No. 220; House Resolution 551-1437; Ga. L. 1980, p. 2200); and for other purposes. This 17 day of January, 1987
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Honorable E. M. Childers Representatives, 15th District Forrest McKelvey Paul Smith Edward 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 22, 1987. /s/ E. M. Childers Representative, 15th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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BARROW COUNTY SCHOOL SYSTEM CREATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 15 (House Bill No. 395). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Barrow County School System by merging the independent school system of the City of Winder and the county school system of Barrow County into one school district and creating a board of education and a school superintendent of the merged system (Res. Act No. 201; H.R. 730-1531; Ga. L. 1970, p. 1059); 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 Barrow County School System by merging the independent school system of the City of Winder and the county school system of Barrow County into one school district and creating a board of education and a school superintendent of the merged system (Res. Act No. 201; H.R. 730-1531; Ga. L. 1970, p. 1059) 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 1987 session of the General Assembly of Georgia a bill to continue
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in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Barrow School System by merging the independent school system of the City of Winder and the county school system of Barrow County into one school district and creating a board of education and a school superintendent of the merged system (Res. Act No. 201; H.R. 730-1531; Ga. L. 1970, p. 1059; and for other purposes. This 8th day of January, 1987. Russell, Adamson Stell, P.C. By: John E Stell Jr. John E. Stell, Jr. Attorney for Barrow County School System GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John O. Mobley, Jr., 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 14, 1987. /s/ John O. Mobley, Jr. Representative, 64th District Sworn to and subscribed before me, this 20th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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BARROW COUNTY INDUSTRIAL BUILDING AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 16 (House Bill No. 396). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Barrow County Industrial Building Authority (Res. Act No. 206; H.R. 451-918; Ga. L. 1962, p. 1027, as amended by Res. Act No. 11; H.R. 48-51; Ga. L. 1964, Ex. Sess., p. 376); 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 Barrow County Industrial Building Authority (Res. Act No. 206; H.R. 451-918; Ga. L. 1962, p. 1027, as amended by Res. Act No. 11; H.R. 48-51; Ga. L. 1964, Ex. Sess., p. 376) 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 1987 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 Barrow
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County Industrial Building Authority (Res. Act No. 201; H.R. 451-918; Ga. L. 1962, p. 1027, as amended by Res. Act. No. 11; H.R. 48-51; Ga. L. 1974, Ex. Sess., p. 376); and for other purposes. This 8th day of January, 1987. Russell, Adamson Stell, P.C. By: R W Adamson Robert W. Adamson Attorney for Barrow County Industrial Building Authority GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John O. Mobley, Jr., 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 14, 1987. /s/ John O. Mobley, Jr. Representative, 64th District Sworn to and subscribed before me, this 20th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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CITY OF FITZGERALD TAX FOR PROMOTING INDUSTRY; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 17 (House Bill No. 400). 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 Fitzgerald to levy a tax not to exceed one mill for the purpose of promoting and encouraging the location of new industries (Res. Act No. 36; Ga. L. 1939, p. 31); 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 Fitzgerald to levy a tax not to exceed one mill for the purpose of promoting and encouraging the location of new industries (Res. Act No. 36; Ga. L. 1939, p. 31) 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 1987 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
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Georgia that constitutional amendment authorizing the City of Fitzgerald to levy a tax not to exceed one mill for the purpose of promoting and encouraging the location of new industries (Res. Act No. 36; Ga. L. 1939, p. 31); and for other purposes. This 13th day of January, 1987. /s/ Gerald H. Thompson, Mayor CITY OF FITZGERALD GEORGIA, BEN HILL COUNTY. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, GERALD W. PRYOR, who on oath says that he is the Publisher of the Herald-Leader, the newspaper in which sheriff's advertisements for Ben Hill County are published, and that the above and foregoing Notice of Intention to Introduce Local Legislation was published in the Herald-Leader on January 14, 1987. /s/ Gerald W. Pryor, Publisher Herald-Leader Sworn to and subscribed before me this 15th day of January, 1987. /s/ Therese K. Griffin Notary Public, Ben Hill Co., GA My commission expires: 6-4-90 Date of Notarization: 1-15-87 (SEAL) Approved February 18, 1987.
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FITZGERALD AND BEN HILL COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 18 (House Bill No. 403). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Fitzgerald and Ben Hill County Development Authority (Res. Act No. 202; H.R. 404-831; Ga. L. 1962, p. 1011); 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 Fitzgerald and Ben Hill County Development Authority (Res. Act No. 202; H.R. 404-831; Ga. L. 1962, p. 1011) 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 1987 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 Fitzgerald and Ben Hill County Development Authority (Res. Act No. 202; H.R. 404-831; Ga. L. 1962, p. 1011); and for other purposes.
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This 13th day of January, 1987. /s/ Gerald H. Thompson, Chairman Fitzgerald and Ben Hill County Development Authority GEORGIA, BEN HILL COUNTY. Personally appeared before the undersigned, an officer authorized by law to administer oaths, GERALD W. PRYOR, who on oath says that he is the Publisher of the Herald-Leader, the newspaper in which sheriff's advertisements for Ben Hill County are published, and that the above and foregoing Notice of Intention to Introduce Local Legislation was published in the Herald-Leader on January 14, 1987. /s/ Gerald W. Pryor, Publisher, Herald-Leader Sworn to and subscribed before me this 15th day of January, 1987. /s/ Therese K. Griffin Notary Public, Ben Hill Co., GA My commission expires: 6-4-90 Date of Notarization: 1-15-87 (SEAL) Approved February 18, 1987.
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TIFT COUNTY BOARD OF EDUCATION; SCHOOL SUPERINTENDENT; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 19 (House Bill No. 406). 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. 79 (House Resolution No. 18-87a) enacted at the 1953 session of the General Assembly (Ga. L. 1953, Jan.-Feb. Sess., p. 553) and duly ratified at the 1954 general election, relating to the selection and service of the board of education and the school superintendent of Tift 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. 79 (House Resolution No. 18-87a) enacted at the 1953 session of the General Assembly (Ga. L. 1953, Jan.-Feb. Sess., p. 553) and duly ratified at the 1954 general election, relating to the selection and service of the board of education and the school superintendent of Tift 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 1987 session of the General Assembly of Georgia a bill to continue
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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. 79 (House Resolution No. 18-87a) of the 1953 General Assembly (Ga. L. 1953, p. 553), duly ratified at the 1954 general election relating to the selection and service of the board of education and the school superintendent of Tift County; to provide the authority for such Act; and for other purposes. Jones Ponder, Chairman Tift County Board of Education December 13, 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: December 13, 1986. /s/ Henry Bostick Representative, 138th District Sworn to and subscribed before me, this 21st day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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TIFT COUNTY DEVELOPMENT AUTHORITY CREATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 20 (House Bill No. 407). 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. 113 (House Resolution No. 325-682) enacted at the 1960 session of the General Assembly (Ga. L. 1960, p. 1240) and duly ratified at the 1960 general election, relating to the creation of the Tift County Development 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. 113 (House Resolution No. 325-682) enacted at the 1960 session of the General Assembly (Ga. L. 1960, p. 1240) and duly ratified at the 1960 general election, relating to the creation of the Tift County Development 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. Local Legislation Notice of Intention to Introduce Local Legislation.
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Notice is given that there will be introduced at the regular 1987 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. 113 (House Resolution No. 325-682) of the 1960 General Assembly (Ga. L. 1960, p. 1240), duly ratified at the 1960 general election relating to the creation of the Tift County Development Authority and the powers and administration of the authority; and for other purposes. Charles Kent Chairman Tift County Commissioners December 13, 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: December 13, 1986. /s/ Henry Bostick Representative, 138th District Sworn to and subscribed before me, this 21st day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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TIFT COUNTY DEVELOPMENT AUTHORITY TAX; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 21 (House Bill No. 408). 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. 64 (Senate Resolution No. 75) enacted at the 1965 session of the General Assembly (Ga. L. 1965, p. 736) and duly ratified at the 1966 general election, relating to the levy of a tax for the use of the Tift 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. 64 (Senate Resolution No. 75) enacted at the 1965 session of the General Assembly (Ga. L. 1965, p. 736) and duly ratified at the 1966 general election, relating to the levy of a tax for the use of the Tift 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 1987 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
3536
Georgia the Constitutional amendment which was proposed by Resolution Act No. 64 (Senate Resolution No. 75) of the 1965 General Assembly (Ga. L. 1965, p. 736), duly ratified at the 1966 general election relating to the levy of a tax for the use of the Tift County Development Authority; and for other purposes. Charles Kent, Chairman Tift County Commissioners December 13, 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: December 13, 1986. /s/ Henry Bostick Representative, 138th District Sworn to and subscribed before me, this 21st day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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SPALDING COUNTY EDUCATIONAL FACILITIES BEYOND THE TWELFTH GRADE; BONDS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 22 (House Bill No. 483). 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 Spalding County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of such bonds (Resolution Act No. 18; House Resolution 84-77; Ga. L. 1964 Ex. Sess., p. 411); 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 Spalding County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of such bonds (Resolution Act No. 18; House Resolution 84-77; Ga. L. 1964 Ex. Sess., p. 411) 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 1987 Session of the General Assembly of Georgia a Bill to continue
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in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. May-June, 1964, Extraordinary Session, p. 4116 authorizing the governing authority of Spalding County to issue general obligation bonds for establishing educational facilities beyond the 12th grade and to levy taxes for the payment of such bonds, and for other authority for this Act; to repeal conflicting laws and for other purposes. This 22nd day of December, 1986. MAUREEN C. JACKSON, as Clerk of the Board of Commissioners of Spalding County, Georgia December 29, 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: December 29, 1986. /s/ John L. Mostiler Representative, 75th District Sworn to and subscribed before me, this 29th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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SPALDING COUNTY TEMPORARY LOANS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 23 (House Bill No. 484). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Spalding County to make temporary loans, limiting the aggregate amount of said loans outstanding at any one time, and providing that said loans must be paid off out of the taxes received by the county in the year in which said loans are made (Resolution Act No. 144; Ga. L. 1933, p. 29); 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 Spalding County to make temporary loans, limiting the aggregate amount of said loans outstanding at any one time, and providing that said loans must be paid off out of the taxes received by the county in the year in which said loans are made (Resolution Act No. 144; Ga. L. 1933, p. 29) 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 1987 Session of the General Assembly of Georgia a Bill to continue
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in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1933, p. 29) authorizing Spalding County to make temporary loans, limiting the aggregate amount of such loans outstanding at any one time, providing for such loans to be paid off out of taxes received in the year in which such loans were made, and for other purposes; to provide the authority for this Act; to repeal conflicting laws and for other purposes. This 22nd day of December, 1986. MAUREEN C. JACKSON, as Clerk of the Board of Commissioners of Spalding County, Georgia December 29, 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: December 29, 1986. /s/ John L. Mostiler Representative, 75th District Sworn to and subscribed before me, this 29th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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SPALDING COUNTY WATER DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 24 (House Bill No. 485). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the establishment of water districts in Spalding County outside of municipalities and providing for the levy of taxes to defray the costs of furnishing water (Resolution Act No. 196; House Resolution 447-1065; Ga. L. 1960, p. 1390); 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 establishment of water districts in Spalding County outside of municipalities and providing for the levy of taxes to defray the costs of furnishing water (Resolution Act No. 196; House Resolution 447-1065; Ga. L. 1960, p. 1390) 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 1987 Session of the General Assembly of Georgia a Bill to continue in force and effect as a part of the Constitution of the
3542
State of Georgia that constitutional amendment (Ga. L. 1960, P. 1390) authorizing the establishment of water districts in Spalding County outside of municipalities and providing for the levy of taxes to defray the cost of furnishing water, and for other purposes; to provide the authority for this Act, to repeal conflicting laws and for other purposes. This 22nd day of December, 1986. MAUREEN C. JACKSON, as Clerk of the Board of Commissioners of Spalding County, Georgia December 29, 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: December 29, 1986. /s/ John L. Mostiler Representative, 75th District Sworn to and subscribed before me, this 29th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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SPALDING COUNTY ROADS; ASSESSMENT OF COSTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 25 (House Bill No. 486). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Spalding County, in unincorporated areas, to construct, pave, maintain, and improve public streets, roads, and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof (Resolution Act No. 209; Senate Resolution 163; Ga. L. 1964, p. 1045); 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 Spalding County, in unincorporated areas, to construct, pave, maintain, and improve public streets, roads, and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof (Resolution Act No. 209; Senate Resolution 163; Ga. L. 1964, p. 1045) 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 1987 Session of the General Assembly of Georgia a Bill to continue
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in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1964, p. 1045) authorizing the County of Spalding to construct, maintain and improve public roads in unincorporated areas and assess costs thereof against abutting property and the owners thereof and for other purposes; to provide the authority for this Act; to repeal conflicting laws and for other purposes. This 22nd day of December, 1986. MAUREEN C. JACKSON, as Clerk of the Board of Commissioners of Spalding County, Georgia December 29, 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: December 29, 1986. /s/ John L. Mostiler Representative, 75th District Sworn to and subscribed before me, this 29th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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GRIFFIN-SPALDING COUNTY SCHOOL SYSTEM LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 26 (House Bill No. 492). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment repealing that constitutional amendment ratified at the general election held on November 2, 1948 (Ga. L. 1947, p. 1760) and providing for the merger of the existing school system and school district of the City of Griffin and the existing school district in the County of Spalding lying outside the corporate limits of said city into one school district coextensive with the limits of Spalding County; providing for a board of education for such consolidated school system; authorizing the Griffin-Spalding County School System and District to incur bonded indebtedness for constructing, erecting, enlarging, repairing, and improving necessary school buildings and for acquiring property therefor; authorizing the General Assembly of Georgia to enact such laws and legislation as may be necessary to the operation, conduct, and control of said system of public schools and its fiscal affairs, including the right and authority to create indebtedness; authorizing said system to contract, and be contracted with, to appoint and employ teachers and fix their salaries, and to do all and every act or acts necessary for the proper maintenance of a comprehensive school system throughout the limits of Spalding County and to effectuate the purposes of this amendment; providing that the Board of Commissioners of the City of Griffin and the Commissioners of Roads and Revenues of Spalding County shall appoint the initial membership of the board of education; providing that said board of education shall have the authority to operate said school system pending the enactment of enabling legislation; providing for the selection and appointment of a school superintendent and for the term of office, qualifications, and salary of said superintendent; and providing that the board of education shall be composed of ten members to be elected from ten education districts by the electors of their respective districts (Resolution Act No. 122; House Resolution 259-943a; Ga. L. 1952, p. 554, as amended by Resolution Act No. 185; House Resolution 826; Ga. L. 1982, p. 2680); to provide the authority for this Act; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment repealing that constitutional amendment ratified at the general election held on November 2, 1948 (Ga. L. 1947, p. 1760) and providing for the merger of the existing school system and school district of the City of Griffin and the existing school district in the County of Spalding lying outside the corporate limits of said city into one school district coextensive with the limits of Spalding County; providing for a board of education for such consolidated school system; authorizing the Griffin-Spalding County School System and District to incur bonded indebtedness for constructing, erecting, enlargin, repairing, and improving necessary school buildings and for acquiring property therefor; authorizing the General Assembly of Georgia to enact such laws and legislation as may be necessary to the operation, conduct, and control of said system of public schools and its fiscal affairs, including the right and authority to create indebtedness; authorizing said system to contract, and be contracted with, to appoint and employ teachers and fix their salaries, and to do all and every act or acts necessary for the proper maintenance of a comprehensive school system throughout the limits of Spalding County and to effectuate the purposes of this amendment; providing that the Board of Commissioners of the City of Griffin and the Commissioners of Roads and Revenues of Spalding County shall appoint the initial membership of the board of education; providing that said board of education shall have the authority to operate said school system pending the enactment of enabling legislation; providing for the selection and appointment of a school superintendent and for the term of office, qualifications, and salary of said superintendent; and providing that the board of education shall be composed of ten members to be elected from ten education districts by the electors of their respective districts (Resolution Act No. 122; House Resolution 259-943a; Ga. L. 1952, p. 554, as amended by Resolution Act No. 185; House Resolution 826; Ga. L. 1982, p. 2680) 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
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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 1987 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 (Ga. L. 1952, p. 554), and the subsequent constitutional amendment (Ga. L. 1982, p. 2680) further amending the aforementioned constitutional amendment, providing for the merger of the school systems of the County of Spalding and the City of Griffin into one school district co-extensive with the limits of Spalding County, providing for a Board of Education for such consolidated school system, authorizing the General Assembly of Georgia to enact such laws and legislation as may be necessary for the operation, conduct and control of said system of public schools and its fiscal affairs, including the right and authority to create indebtedness, and enabling said school system to do all acts necessary for the proper maintenance of a comprehensive school system throughout the limits of Spalding County; to specify the two constitutional amendments to be so continued as a part of the Constitution of the State of Georgia; to provide the authority for this Act; to repeal conflicting laws and for other purposes; This 22nd day of December, 1986. Charles H. Green, as Secretary of the Griffin-Spalding County Board of Education December 26, 1986. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Suzi Johnson-Herbert, who, on oath, deposes and says that she is Representative from the
3548
76th 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: December 29, 1986. /s/ Suzi Johnson-Herbert Representative, 76th District Sworn to and subscribed before me, this 30th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987. CRISP COUNTY - CORDELE INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 27 (House Bill No. 13). 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. 244 (House Resolution No. 674-1450) enacted at the 1968 session of the General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1968, p. 1757), as amended by that constitutional amendment which was proposed by Resolution Act No. 142 (House Resolution No. 597) enacted at the 1982 session of the General Assembly and which was duly ratified at the 1982 general election (Ga. L. 1982, p. 2570) and which relates to the creation of the Crisp
3549
County-Cordele 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. 244 (House Resolution No. 674-1450) enacted at the 1968 session of the General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1968, p. 1757), as amended by that constitutional amendment which was proposed by Resolution Act No. 142 (House Resolution No. 597) enacted at the 1982 session of the General Assembly and which was duly ratified at the 1982 general election (Ga. L. 1982, p. 2570) and which relates to the creation of the Crisp County-Cordele 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 1987 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 amendments relating to the Crisp County Cordele Industrial Development Authority; and for other purposes. This 2nd day of January, 1987. Howard H. Rainey Representative, 135th District
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey, who, on oath, deposes and says that he is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Crisp County, on the following date: January 8, 1987. /s/ Howard H. Rainey Representative, 135th District Sworn to and subscribed before me, this 12th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987. AMERICUS-SUMTER PAYROLL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 28 (House Bill No. 64). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Americus-Sumter Payroll Development Authority (Res. Act No. 180; H.R. 610-1158; Ga. L. 1962, p. 933); to provide the
3551
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 Americus-Sumter Payroll Development Authority (Res. Act No. 180; H.R. 610-1158; Ga. L. 1962, p. 933) 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 1987 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 Americus-Sumter Payroll Development Authority (Res. Act No. 180; H.R. 610-1158; Ga. L. 1962, p. 933); and for other purposes. This 6th day of January, 1987. Rep. George Hooks District 116 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 District, and that the attached copy of Notice of Intention to
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Introduce Local Legislation was published in the Americus Times Recorder which is the official organ of Sumter County, on the following date: January 9, 1987. /s/ George Hooks Representative, 116th District Sworn to and subscribed before me, this 12th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987. CITY OF CORDELE AND CRISP COUNTY MERGER OF SCHOOL SYSTEMS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 29 (House Bill No. 134). 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 merge the existing independent school system of the City of Cordele and the existing school district in the County of Crisp lying outside the corporate limits of said city into one school district co-extensive with the limits of Crisp County (Res. Act No. 6; H.R. 20-64e; Ga. L. 1956, p. 111); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1 . That constitutional amendment authorizing the General Assembly to merge the existing independent school system of the City of Cordele and the existing school district in the County of Crisp lying outside the corporate limits of said city into one school district co-extensive with the limits of Crisp County (Res. Act No. 6; H.R. 20-64e; Ga. L. 1956, p. 111) 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 1987 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 merge the existing independent school system of the City of Cordele and the existing school district in the County of Crisp lying outside the corporate limits of said city, into one school district co-extensive with the limits of Crisp County (Res. Act No. 6; H.R. 20-64e; Ga. L. 1958, p.111); and for other purposes. This 7th day of January, 1987. Howard H. Rainey GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey, who, on oath, deposes and says that he is Representative from the 135th District, and that the attached copy of Notice of Intention
3554
to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Crisp County, on the following date: January 9, 1987. /s/ Howard H. Rainey Representative, 135th District Sworn to and subscribed before me, this 12th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987. DOUGLAS-COFFEE COUNTY INDUSTRIAL AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 30 (House Bill No. 156). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Douglas-Coffee County Industrial Authority (Res. Act No. 101; H.R. 186-572a; Ga. L. 1957, p. 568); 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 Douglas-Coffee County Industrial Authority (Res. Act No. 101; H.R. 186-572a; Ga. L. 1957, p. 568) shall not be repealed or
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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 1987 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 Douglas-Coffee County Industrial Authority [Res. Act No. 101; H.R. 186-572a; Ga. L. 1957, p. 568]; and for other purposes. This 6th day of January, 1987. /s/ James C. Moore Representative 139th District PUBLISHER'S AFFIDAVIT Personally appeared before the undersigned officer authorized by law to administer oaths in the State of Georgia, Tom Frier, Jr., who after being duly sworn, states that he is Publisher of The Douglas Enterprise, with principal offices in Douglas, Coffee County, Georgia, being the official organ of City of Douglas and having general circulation within the area of City of Douglas, and who further states the advertisement, a true copy of which is affixed hereto, was published in The Douglas Enterprise Jan 7, 1987. /s/ Tom Frier, Jr., Publisher, The Douglas Enterprise
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Sworn to and subscribed before me, this 7th day of January, 1987. /s/ Linda Grantham Notary Public, Coffee County, Georgia (SEAL) Approved February 18, 1987. BLECKLEY COUNTY BOARD OF EDUCATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 31 (House Bill No. 205). 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 the members of the Board of Education of Bleckley County from education districts and providing for other matters relative thereto (Res. Act No. 182; H.R. 817; Ga. L. 1982, p. 2669); 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 the members of the Board of Education of Bleckley County from education districts and providing for other matters relative thereto (Res. Act No. 182; H.R. 817; Ga. L. 1982, p. 2669) 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.
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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 1987 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 the election of the members of the Board of Education of Bleckley County from education districts and providing for other matters relative thereto (Res. Act. No. 182; H.R. 817; Ga. L. 1982, p. 2669); and for other purposes. This 2nd day of January, 1987. /s/ Newt Hudson Representative, 117th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. N. Hudson, who, on 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 Cochran Journal which is the official organ of Bleckley County, on the following date: January 7, 1987. /s/ W. N. Hudson Representative, 117th District
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Sworn to and subscribed before me, this 13th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987. BLECKLEY-COCHRAN INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 32 (House Bill No. 208). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Bleckley-Cochran Industrial Development Authority (Res. Act No. 126; H.R. 319-719; Ga. L. 1966, p. 1042); 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 Bleckley-Cochran Industrial Development Authority (Res. Act No. 126; H.R. 319-719; Ga. L. 1966, p. 1042) 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
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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 1987 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 Bleckley-Cochran Industrial Development Authority (Res. Act. No. 126; H.R. 319-719; Ga. L. 1966, p. 1042); and for other purposes. This 2nd day of January, 1987. /s/ Newt Hudson Representative, 117th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. N. Hudson, who, on 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 Cochran Journal which is the official organ of Bleckley County, on the following date: January 7, 1987. /s/ W. N. Hudson Representative, 117th District Sworn to and subscribed before me, this 13th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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MORGAN COUNTY TAX FOR PROMOTING INDUSTRIES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 33 (House Bill No. 295). 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. 100 (House Resolution No. 284-625) of the 1960 General Assembly (Ga. L. 1960, p. 1217) and which was duly ratified at the 1960 general election and which relates to authorizing Morgan County to levy a tax not exceeding one mill for the purpose of creating a fund to be used in assisting, promoting, and encouraging the location of industries in 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. 100 (House Resolution No. 284-625) of the 1960 General Assembly (Ga. L. 1960, p. 1217) and which was duly ratified at the 1960 general election and which relates to authorizing Morgan County to levy a tax not exceeding one mill for the purpose of creating a fund to be used in assisting, promoting, and encouraging the location of industries in 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
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Notice is given that there will be introduced at the regular 1987 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. 100 (House Resolution No. 284-625) of the 1960 General Assembly (Ga. L. 1960, p. 1217) and which was duly ratified at the 1960 general election and which relates to authorizing Morgan County to levy a tax not exceeding one mill for the purpose of creating a fund to be used in assisting, promoting, and encouraging the location of industries in said county; and for other purposes. This 19th day of January, 1987. /s/ William B. Cochran Chairman 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 22, 1987. /s/ Frank E. Stancil Representative, 66th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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OCONEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 34 (House Bill No. 296). 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. 530-1024) of the 1962 General Assembly (Ga. L. 1962, p. 871) and which was duly ratified at the 1962 general election, as amended by Resolution Act No. 62 (House Resolution No. 133-570) of the 1977 General Assembly (Ga. L. 1977, p. 1582) and which was duly ratified at the 1978 general election, and which relates to the creation of the Oconee County Industrial Development Authority and 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. 165 (House Resolution No. 530-1024) of the 1962 General Assembly (Ga. L. 1962, p. 871) and which was duly ratified at the 1962 general election, as amended by Resolution Act No. 62 (House Resolution No. 133-570) of the 1977 General Assembly (Ga. L. 1977, p. 1582) and which was duly ratified at the 1978 general election, and which relates to the creation of the Oconee County Industrial Development Authority and 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.
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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 1987 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. 165 (House Resolution No. 530-1024) of the 1962 General Assembly (Ga. L. 1962, p. 871) and which was duly ratified at the 1962 general election, as amended by Resolution Act. No. 62 (House Resolution No. 133-570) of the 1977 General Assembly (Ga. L. 1977, p. 1582) and which was duly ratified at the 1978 general election, and which relates to the creation of the Oconee County Industrial Development Authority and its powers, authority, funds, purposes, and procedures; and for other purposes. This 19th day of January, 1987. Choyce A. Johnson, Chairman Oconee County Board of Commissioners 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 22, 1987. /s/ Frank E. Stancil Representative, 66th District
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Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987. CITY OF JASPER INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 35 (House Bill No. 319). 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 Jasper Industrial Development Authority (Res. Act No. 172; S.R. 79; Ga. L. 1966, p. 1086); 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 Jasper Industrial Development Authority (Res. Act No. 172; S.R. 79; Ga. L. 1966, p. 1086) 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
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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 1987 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 City of Jasper Industrial Development Authority (Res. Act No. 172; S.R. 79; Ga. L. 1966, P. 1086); and for other purposes. This 19th day of January, 1987. WILLIAM G. HASTY, SR. ALLYN PRICHARD GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William 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 Pickens County Progress which is the official organ of Pickens County, on the following date: January 19, 1987. /s/ William G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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CHEROKEE COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 36 (House Bill No. 320). 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. 104, H.R. 291-679, Ga. L. 1966, p. 938), duly ratified at the general election in 1966, which amendment creates the Cherokee 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 (Res. Act No. 104, H.R. 291-679, Ga. L. 1966, p. 938), duly ratified at the general election in 1966, which amendment creates the Cherokee 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 1987 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 #104 (H.R. 291-679, Ga. L. 1966, p. 938), duly ratified at
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the general election in 1966, which amendment creates the Cherokee County Development Authority; and for other purposes. This 8 day of January, 1987. /s/ W. G. Hasty Sr. W. G. Hasty, Sr. REPRESENTATIVE, 8TH DISTRICT 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 14, 1987. /s/ W. G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 15th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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CHEROKEE COUNTY FIRE PROTECTION DISTRICTS; SEWERAGE DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 37 (House Bill No. 321). 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. 240, H.R. 664-1435, Ga. L. 1968, p. 1743), duly ratified at the general election in 1968, which amendment authorizes the governing authority of Cherokee 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 (Res. Act No. 240, H.R. 664-1435, Ga. L. 1968, p. 1743), duly ratified at the general election in 1968, which amendment authorizes the governing authority of Cherokee 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 1987 session of the General Assembly of Georgia a bill to continue
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in force and effect as part of the Constitution of Georgia that constitutional amendment which was proposed by Resolution Act #240 (H.R. 664-1435, Ga. L. 1968, p. 1743), duly ratified at the general election in 1968, which amendment authorizes the governing authority of Cherokee County to establish and administer fire protection districts and sewerage districts in the unincorporated area of the county; and for other purposes. This 8 day of January, 1987. /s/ W. G. Hasty Sr. W. G. Hasty, Sr. REPRESENTATIVE, 8TH DISTRICT 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 14, 1987. /s/ W. G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 15th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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CHEROKEE COUNTY AIRPORT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 38 (House Bill No. 322). 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. 125, H.R. 606-1295, Ga. L. 1968, p. 1545), duly ratified at the general election in 1968, which amendment creates the Cherokee County Airport 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 (Res. Act No. 125, H.R. 606-1295, Ga. L. 1968, p. 1545), duly ratified at the general election in 1968, which amendment creates the Cherokee County Airport 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 1987 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 #125 (H.R. 606-1295, Ga. L. 1968, p. 1545), duly ratified at the general election in 1968, which amendment creates the Cherokee County Airport Authority; and for other purposes.
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This 8 day of January, 1987. /s/ W. G. Hasty Sr. W. G. Hasty, Sr. REPRESENTATIVE, 8TH DISTRICT 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 14, 1987. /s/ William G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 15th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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CHEROKEE COUNTY BOARD OF EDUCATION; MERGER OF SCHOOL SYSTEMS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 39 (House Bill No. 323). 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. 19, H.R. 16-64a, Ga. L. 1956, p. 133), duly ratified at the general election in 1956, as amended by Res. Act No. 155, S.R. 39, Ga. L. 1966, p. 1075), duly ratified at the general election in 1966, which amendment relates to the merger of the Canton Independent School System and the Cherokee County School System into one consolidated school system and provides for the election of the members of the Cherokee 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 (Res. Act No. 19, H.R. 16-64a, Ga. L. 1956, p. 133), duly ratified at the general election in 1956, as amended by Res. Act No. 155, S.R. 39, Ga. L. 1966, p. 1075), duly ratified at the general election in 1966, which amendment relates to the merger of the Canton Independent School System and the Cherokee County School System into one consolidated school system and provides for the election of the members of the Cherokee 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.
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INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 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 #19 (H.R. 16-64a, Ga. L. 1956, p. 133), duly ratified at the general election in 1956, as amended by Resolution Act #155 (S.R. 39, Ga. L. 1966, p. 1075), duly ratified at the general election in 1966, which amendment relates to the merger of the Canton Independent School System and the Cherokee County School System into one consolidated school system and provides for the election of the members of the Cherokee County Board of Education; and for other purposes. This 8 day of January, 1987. /s/ W. G. Hasty Sr. W. G. Hasty, Sr. REPRESENTATIVE, 8TH DISTRICT 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 14, 1987. /s/ William G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 15th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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PICKENS COUNTYBOARD OF EDUCATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 40 (House Bill No. 324). 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 the members of the Board of Education of Pickens County by the people (Res. Act No. 84; H.R. 312-772c; Ga. L. 1958, p. 455); 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 the members of the Board of Education of Pickens County by the people (Res. Act No. 84; H.R. 312-772c; Ga. L. 1958, p. 455) 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 1987 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 the election of the members of the Board of Education of Pickens County by the people (Res. Act No. 84; H.R. 312-772C; Ga. L. 1958, P. 455); and for other purposes.
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This 19th day of January, 1987. WILLIAM G. HASTY, SR. ALLYN PRICHARD GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William 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 Pickens County Progress which is the official organ of Pickens County, on the following date: January 19, 1987. /s/ William G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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PAULDING COUNTY INDUSTRIAL BUILDING AUTHORITYLOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 41 (House Bill No. 350). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Paulding County Industrial Building Authority (Res. Act No. 247; S.R. 136; Ga. L. 1962, p. 1176); 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 Paulding County Industrial Building Authority (Res. Act No. 247; S.R. 136; Ga. L. 1962, p. 1176) 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 1987 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. 247 (Senate Resolution No. 136) of the 1962 General Assembly (Ga. L. 1962, p. 1176) and which was duly ratified at the 1962 general election and which relates to the creation of the Paulding County Industrial Building Authority
3577
and its powers, authority, funds, purposes, and procedures; to provide the authority for this Act; and for other purposes. This 12th day of January, 1987. L. Charles Watts Rep., 41st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Charles 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 15, 1987. /s/ L. Charles Watts Representative, 41st District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
3578
PAULDING COUNTY CIVIL SERVICE SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 42 (House Bill No. 351). 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. 154 (House Resolution No. 590-1718) of the 1978 General Assembly (Ga. L. 1978, p. 2431) and which was duly ratified at the 1978 general election and which relates to the creation of the Paulding County Civil Service System for all those persons, other than elected officials, whose salaries or wages are paid in whole or in part from the funds of Paulding 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. 154 (House Resolution No. 590-1718) of the 1978 General Assembly (Ga. L. 1978, p. 2431) and which was duly ratified at the 1978 general election and which relates to the creation of the Paulding County Civil Service System for all those persons, other than elected officials, whose salaries or wages are paid in whole or in part from the funds of Paulding 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
3579
Notice is given that there will be introduced at the regular 1987 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. 154 (House Resolution No. 590-1718) of the 1978 General Assembly (Ga. L. 1978, p. 2431) and which was duly ratified at the 1978 general election and which relates to the creation of the Paulding County Civil Service System for all those persons, other than elected officials, whose salaries or wages are paid in whole or in part from the funds of Paulding County; to provide the authority for this act; and for other purposes. This 12th day of January, 1987. L. Charles Watts Rep. 41st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Charles 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 15, 1987. /s/ L. Charles Watts Representative, 41st District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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WILCOX COUNTY BOARD OF EDUCATION; ELECTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 43 (House Bill No. 361). 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 Wilcox County by the people (Res. Act No. 115; H.R. 235-908d; Ga. L. 1952, p. 543, as amended by Res. Act No. 222; H.R. 515-989; Ga. L. 1962, p. 1092); 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 Wilcox County by the people (Res. Act No. 115; H.R. 235-908d; Ga. L. 1952, p. 543, as amended by Res. Act No. 222; H.R. 515-989; Ga. L. 1962, p. 1092) 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. Legislation will be introduced at the 1987 legislative session to continue the provisions of Amendment No. 115 of Georgia
3581
Law, 1952, namely to continue the provision for an elected board of education of Wilcox County. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Newt Hudson, who, on 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 Herald-Leader which is the official organ of Wilcox County, on the following date: January 14, 1987. /s/ Newt Hudson Representative, 117th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 18, 1987.
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FRANKLIN COUNTY INDUSTRIAL BUILDING AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 44 (House Bill No. 362). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Franklin County Industrial Building Authority (Res. Act No. 225; H.R. 531-1024; Ga. L. 1962, p. 1103); 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 Franklin County Industrial Building Authority (Res. Act No. 225; H.R. 531-1024; Ga. L. 1962, p. 1103) 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 1987 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
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Georgia that constitutional amendment creating the Franklin County Industrial Building Authority (Res. Act No. 225; H.R. 531-1024; Ga. L. 1962, p. 1103); and for other purposes. This 19th day of January, 1987. LOUIE MAX CLARK, Representative, District 13, Post 1 AFFIDAVIT OF PUBLICATION STATE OF GEORGIA, COUNTY OF FRANKLIN. Personally appeared before the undersigned officer in and for said State and County, W. FREDDIE LEE who on oath deposes and says that he is the Publisher of the Franklin County Citizen, the newspaper in which sheriff's advertisements appear for said County, and that the public notice, a true copy of which is attached hereto, was published in said newspaper on the following dates, to-wit: January 22, 1987. /s/ W. Freddie Lee Sworn to and subscribed before me this 23 day of January, 1987. /s/ Theresa A. Certain NOTARY PUBLIC My Commission Expires: 11-5-87 (SEAL) Approved February 18, 1987.
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JENKINS COUNTY BOARD OF EDUCATION; COMPENSATION AND EXPENSES. No. 45 (House Bill No. 109). AN ACT To amend an Act relating to the board of education of Jenkins County, approved April 3, 1968 (Ga. L. 1968, p. 2965), so as to change provisions relating to the compensation and reimbursement of expenses 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 Jenkins County, approved April 3, 1968 (Ga. L. 1968, p. 2965), is amended by striking subsection (c) of Section 3 which reads as follows: (c) Each member of the board shall receive the amount of $25.00 for each meeting of the board actually attended by such member, and shall also be entitled to reimbursement for actual and necessary expenses incurred in carrying out his official duties as provided by law for members of county boards of education., and inserting in its place a new subsection (c) of Section 3 to read as follows: (c) Each member of the board shall receive a salary of $150.00 per month. Each member of the board shall also receive a per diem of $50.00 per day and reimbursement for actual expenses necessarily incurred in connection with any trip or meeting in affiliation with the Georgia School Boards Association, the National School Boards Association, the Georgia Department of Education, or the American Association of School Board Superintendents and any other trip or meeting deemed necessary by the board to the business of the board. All expenses shall be approved and verified in such manner as may be specified by the board prior to reimbursement.
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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 1987 session of the General Assembly of Georgia a bill to amend an Act relating to the board of education of Jenkins County, approved April 3, 1968 (Ga. L. 1968, p. 2965); to provide for related matters; and for other purposes. This 8th day of December, 1986. John F. Godbee District 110th 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: December 11, 1986. /s/ John F. Godbee Representative, 110th District Sworn to and subscribed before me, this 6th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 19, 1987.
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LUMPKIN COUNTY SCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 47 (Senate Bill No. 217). AN ACT To provide for the appointment of the school superintendent of Lumpkin County by the Board of Education of Lumpkin County; to provide for other 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. (a) The school superintendent of the Lumpkin County school system elected at the general election of 1984 shall serve until the expiration of the term for which elected on December 31, 1988. There shall be no election in 1988 for school superintendent of Lumpkin County and effective January 1, 1989, the county school superintendent shall be appointed by the Board of Education of Lumpkin County. A county school superintendent appointed by the board of education shall be appointed for a term of office contractually agreed upon by the board of education and the superintendent but not exceeding four years. No contract with a county school superintendent shall prohibit the removal of the superintendent from office during a term of office in any manner provided by law for such removal, and any such contract may provide one or more additional methods for such removal for cause during a term of office. (b) In the event the office of school superintendent of the Lumpkin County school system becomes vacant for any reason prior to December 31, 1988, a successor shall be appointed by the Board of Education of Lumpkin County in the manner provided by subsection (a) of this section. Section 2. It shall be the duty of the election superintendent of Lumpkin County to issue the call for an election for the purpose of submitting this Act to the electors of the Lumpkin County
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school district for approval or rejection. The superintendent shall set the date of such election for June 2, 1987, and shall issue the call therefor at least 29 but not more than 45 days prior to such 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 Lumpkin County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the appointment of the school superintendent of Lumpkin County by the Board of Education of Lumpkin 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 Lumpkin 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assemble of Georgia a bill to provide for the appointment of the school superintendent of Lumpkin County by the Board of Education of Lumpkin County; to provide for a referendum; and for other purposes. This 22nd day of January, 1987. Honorable John C. Foster Senator, 50th District
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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 Dahlonega Nugget which is the official organ of Lumpkin County, on the following date: January 22, 1987. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 29th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved February 24, 1987. LAKEVIEW-FORT OGLETHORPE-CATOOSA COUNTY STADIUM AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 48 (Senate Bill No. 69). 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. 191 (H.R. No. 812-2048, Ga. L. 1976, p. 1831) enacted at the 1976 session of the General Assembly and which was duly ratified at the 1976 general election (Ga. L. 1977, p. 4960) and which creates the Lakeview-Fort
3589
Oglethorpe-Catoosa County Stadium Authority; to provide the authority for 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. That constitutional amendment which was proposed by Resolution Act No. 191 (H.R. No. 812-2048, Ga. L. 1976, p. 1831) enacted at the 1976 session of the General Assembly and which was duly ratified at the 1976 general election (Ga. L. 1977, p. 4960) and which creates the Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority is specifically 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. 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. Notice Of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1987 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. 191 (H.R. No. 812-2048, Ga. L. 1976, p. 1831) enacted at the 1976 session of the General Assembly and which was duly ratified at the 1976 general election (Ga. L. 1977, p. 4960) and which creates the Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority; and for other purposes. This 24th day of November, 1986. Lee R. Sims, Superintendent, Catoosa County Schools
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. W. Fincher, Jr., who, on oath, deposes and says that he is Senator from the 54th 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 3, 1986. /s/ W. W. Fincher, Jr. Senator, 54th District Sworn to and subscribed before me, this 12th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved February 24, 1987. CITY OF CALHOUN APPROPRIATIONS TO HAND UP, INC.; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 49 (Senate Bill No. 213). 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 Calhoun to appropriate to HAND UP, INC., a sum not to exceed $5,000.00 per annum out of the public funds of said city (Res. Act No. 77; H.R. 181-719; Ga. L. 1973, p. 1505); to provide the authority for this Act; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the City of Calhoun to appropriate to HAND UP, INC., a sum not to exceed $5,000.00 per annum out of the public funds of said city (Res. Act. No. 77; H.R. 181-719; Ga. L. 1973, p. 1505) 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 The City of Calhoun intends to have Sen. Max Brannon introduce legislation to reenact the City School Tax Exemption Status for those citizens who qualify. Previous legislation will expire according to Article II, Section 1, Paragraph 3 on July 1, 1987. Legislation will also be introduced to reenact the City of Calhoun's right to donate up to $5,000 annually to the Voluntary Action Commission, which will expire according to Article II, Section 1, Paragraph 4 on July 1, 1987. This legislation will be introduced at the 1987 Georgia Session of the State Legislature. PUBLISHER's AFFIDAVIT GEORGIA, GORDON COUNTY: I, Paul Miles, publisher, of the Calhoun Times the official organ of Gordon County, in which the Sheriff's advertisements are printed, do hereby certify that the above and foregoing legal advertisement appeared in the following issues of the Calhoun Times, to-wit: January 14, 1987. /s/ Paul Miles
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Sworn to and subscribed before me this 14 day of January, 1987. /s/ Ruth Nesbitt NOTARY PUBLIC Approved February 24, 1987. DOWNTOWN WEST POINT DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 50 (Senate Bill No. 224). 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 establishment of a Downtown West Point Development Authority (Res. Act No. 100; H.R. 711-1910; Ga. L. 1978, p. 2331); 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 establishment of a Downtown West Point Development Authority (Res. Act No. 100; H.R. 711-1910; Ga. L. 1978, p. 2331) 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.
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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: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 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 the establishment of a Downtown West Point Development Authority (Res. Act. No. 100; H.R. 711-1910; Ga. L. 1978, p. 2331); and for other purposes. This 6th day of January, 1987. Charles A. Nix Attorney for the Downtown West Point Development Authority P.O. Box 406 West Point, Ga. 31833 has been published in said LaGrange Daily News, to-wit: 1-9-1987, being one publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen O. Long Publisher
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Sworn and subscribed before me this 23rd day of January 1987 /s/ Thelma A. Ledford Notary Public, Troup County Approved February 24, 1987. TROUP COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 51 (Senate Bill No. 226). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Troup County Development Authority (Res. Act No. 102; H.R. 396-888; Ga. L. 1964, p. 786); 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 Troup County Development Authority (Res. Act No. 102; H.R. 396-888; Ga. L. 1964, p. 786); 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.
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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 1987 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 Troup County Development Authority (Res. Act. No. 102; H.R. 396-888; Ga. L. 1964, p. 786); and for other purposes. This 30th day of December, 1986. Glen O. Long Chairman PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF TROUP I, Glen O. Long, DO HEREBY CERTIFY that I am the Publisher of The LaGrange Daily News, the newspaper in which sheriff's advertisements appear for Troup County, Georgia, and the attached notice of validation hearing was published in said newspaper on the following dates, to-wit: 1/2/87. /s/ Glen O. Long Sworn to and subscribed before me, this 5th day of Jan., 1987. /s/ Beverly L. Wright Notary Public, Troup County, Georgia My Commission Expires Oct. 4, 1990 (NOTARIAL SEAL) Approved February 24, 1987.
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DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 52 (Senate Bill No. 293). 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 establishment of a Downtown LaGrange Development Authority (Res. Act No. 132; H.R. 463-1337; Ga. L. 1974, p. 1681); 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 establishment of a Downtown LaGrange Development Authority (Res. Act No. 132; H.R. 463-1337; Ga. L. 1974, p. 1681) 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 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.
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Deponent further saith that the following notice attached hereto: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assmbly 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 the establishment of a Downtown LaGrange Development Authority (Res. Act. No. 132; H.R. 463-1337; Ga. L. 1974, p. 1681); and for other purposes. This 6th day of January, 1987. A. Quillian Baldwin, Jr. Attorney for the Downtown LaGrange Development Authority 205 North Lewis Street LaGrange, Ga. 30240 has been published in said LaGrange Daily News, to-wit: 1-9-1987, being one publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen O. Long Publisher Sworn and subscribed before me this 30th day of January 1987 /s/ Thelma A. Ledford Notary Public, Troup County Approved February 24, 1987.
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WEST POINT DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 53 (Senate Bill No. 225). 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 Point Development Authority (Res. Act No. 104; H.R. 411-929; Ga. L. 1964, p. 801); 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 West Point Development Authority (Res. Act No. 104; H.R. 411-929; Ga. L. 1964, p. 801) 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 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:
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 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 West Point Development Authority (Res. Act. No. 104; H.R. 411-929; Ga. L. 1964, p. 801); and for other purposes. This 6th day of January, 1987. Charles A. Nix Attorney for the West Point Development Authority P.O. Box 466 West Point, Ga. 31833 has been published in said LaGrange Daily News, to-wit: January 9, 1987, being one publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen O. Long Publisher Sworn and subscribed before me this 23rd day of January 1987 /s/ Thelma A. Ledford Notary Public, Troup County Approved February 24, 1987.
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CITY OF LAGRANGE BONDED DEBT LIMIT; WATERWORKS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 54 (Senate Bill No. 294). 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 LaGrange to increase its bonded indebtedness, in addition to the constitutional limitation under certain circumstances, for the purpose of purchasing, repairing, or building a waterworks system (Res. Act No. 363; Ga. L. 1927, p. 113); 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 LaGrange to increase its bonded indebtedness, in addition to the constitutional limitation under certain circumstances, for the purpose of purchasing, repairing, or building a waterworks system (Res. Act No. 363; Ga. L. 1927, p. 113) 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 1987 Session of the General Assembly of Georgia a Bill to continue
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in force and effect as a part of the constitution of the State of Georgia that constitutional amendment authorizing the City of LaGrange to increase its bonded indebtedness, in addition to the constitutional limitation under certain circumstances, for the purpose of purchasing, repairing, or building a waterworks system (Res. Act. No. 363; Ga. L. 1927, p. 1130; and for other purposes. This 5th day of February, 1987. City of LaGrange By J. G. Newman, Mayor City of LaGrange PUBLISHER'S AFFIDAVIT STATE OF GEORGIA, COUNTY OF TROUP. 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 newpaper in which Sheriff's advertisements for Troup County, Georgia are published and that the attached copy of the Notice of Intention to Introduce Local Legislation was published therein on February 6, 1987. /s/ Glen O. Long, PUBLISHER LAGRANGE DAILY NEWS Sworn to and subscribed before me this 6th day of February, 1987. /s/ James R. Lewis, Notary Public Troup County, Georgia My Commission Expires: September 12, 1988 Approved February 24, 1987.
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HOGANSVILLE DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 55 (Senate Bill No. 295). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Hogansville Development Authority (Res. Act No. 103; H.R. 410-929; Ga. L. 1964, p. 794); 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 Hogansville Development Authority (Res. Act No. 103; H.R. 410-929; Ga. L. 1964, p. 794) 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 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:
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Hogansville Development Authority (Res. Act. No. 103; H.R. 410-929; Ga. L. 1964, p. 794); and for other purposes. This 5th day of January, 1987. Hogansville Development Authority By: Wayne Hadden, attorney for Hogansville Development Authority has been published in said LaGrange Daily News, to-wit: 1-9-1987, being one publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen O. Long Publisher Sworn and subscribed before me, this 30th day of January, 1987. /s/ Thelma A. Ledford Notary Public, Troup County Approved February 24, 1987.
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MCDUFFIE COUNTY BOARD OF EDUCATION; ELECTION; SCHOOL SUPERINTENDENT; APPOINTMENT; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 56 (House Bill No. 316). 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 McDuffie County by the people and providing that the board elect the county school superintendent (Res. Act No. 62; H. R. No. 66-235c; Ga. L. 1955, p. 668); to provide for construction with other laws relating to the school board; 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 McDuffie County by the people and providing that the board elect the county school superintendent (Res. Act No. 62; H.R. No. 66-235c; Ga. L. 1955, p. 668) 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. The Act relating to the board of education approved March 27, 1972 (Ga. L. 1972, p. 2538), as amended by an Act approved March 13, 1978 (Ga. L. 1978, p. 3666) shall continue in effect and shall control over said constitutional amendment, it being the intention of this Act to provide for the continued appointment of the county school superintendent. 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.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 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 anemdment providing for the election of members of the Board of Education of McDuffie County by the people and providing that the board elect the county school superintendent (Res. Act No. 162; H.R. 66-235c; Ga. L. 1955, p. 688); to provide for construction with other laws relating to the school board; and for other purposes. This 12th day of January, 1987. Robert A. Harris Georgia State Representative 84th District Affidavit of Publication Personally appeared before me, Jerry E. Whittle who, after being duly sworn, deposes and says that he is the Owner Publisher of The McDuffie Progress, newspaper and legal organ of Thomson and McDuffie County, and that the attached notice appeared in the January 14, 1987 issue (issues) of said newspaper. /s/ Jerry E. Whittle Sworn to and subscribed before me this 19 day of January, 1987. /s/ Iona T. Price Notary Public, McDuffie County, Georgia My Commission Expires March 25, 1990 (SEAL) Approved February 24, 1987.
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WASHINGTON WILKES PAYROLL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 57 (House Bill No. 490). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Washington Wilkes Payroll Development Authority as a constitutional authority and public corporation (Res. Act No. 160; H.R. 487-957; Ga. L. 1962, p. 847); 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 Washington Wilkes Payroll Development Authority as a constitutional authority and public corporation (Res. Act. No. 160; H.R. 487-957; Ga. L. 1962, p. 847) 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 1987 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 Washington-Wilkes
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Payroll Development Authority as a constitutional authority and public corporation (Res. Act No. 160; H.R. 487-957; Ga. L. 1962, p. 847); and for other purposes. This 17th day of January, 1987. E. B. Pope GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward D. Ricketson, Jr., 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 Reporter which is the official organ of Wilkes County, on the following date; January 22, 1987. /s/ Edward D. Ricketson, Jr. Representative, 82nd District Sworn to and subscribed before me, this 29th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
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CITY OF NEWNAN BOARD OF WATER, SEWERAGE, AND LIGHT COMMISSION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 58 (House 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 which was proposed by Resolution Act No. 110 (House Resolution No. 576-1662) enacted at the 1978 session of the General Assembly and which was duly ratified at the 1978 general election (Ga. L. 1978, p. 2347) and which clarified and limited the powers of the Board of Water, Sewerage, and Light Commission of the City of Newnan; 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. 110 (House Resolution No. 576-1662) enacted at the 1978 session of the General Assembly and which was duly ratified at the 1978 general election (Ga. L. 1978, p. 2347) and which clarified and limited the powers of the Board of Water, Sewerage, and Light Commission of the City of Newnan 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 1987 session of the General Assembly of Georgia a bill to continue
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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. 110 (House Resolution No. 576-1662) enacted at the 1978 session of the General Assembly and which was duly ratified at the 1978 general election (Ga. L. 1978, p. 2347) and which clarified and limited the powers of the Board of Water, Sewerage, and Light Commission of the City of Newnan; to provide the authority for this act; to provide for related matters; and for other purposes. This 21st day of January, 1987. J. Neal Shepard, Jr. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Neal Shepard, who, on oath, deposes and says that he is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Newnan Times-Herald which is the official organ of Coweta County, on the following date: January 29, 1987. /s/ Neal Shepard Representative, 71st District Sworn to and subscribed before me, this 30th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
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CLYNN COUNTY HOMESTEAD EXEMPTION; TAXES FOR EDUCATIONAL PURPOSES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 59 (House 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 providing that the general $2,000.00 homestead exemption shall not apply to taxes which are assessed and collected by the taxing authorities of Glynn County for the support and maintenance of education as recommended by the Glynn County Board of Education (Res. Act No. 27; H.R. 59-163h; Ga. L. 1956, p. 253); 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 $2,000.00 homestead exemption shall not apply to taxes which are assessed and collected by the taxing authorities of Glynn County for the support and maintenance of education as recommended by the Glynn County Board of Education (Res. Act No. 27; H.R. 59-163h; Ga. L. 1956, p. 253) 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 Pursuant to the provisions of Section 28-1-14 of the Official Code of Georgia Annotated, notice is hereby given of intention
3611
to introduce in the 1987 Session of the General Assembly of Georgia the following 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 providing that the basic $2,000.00 homestead exemption shall not apply to taxes levied for the Glynn County School District (Ga. Laws 1956, p. 253); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 20th day of January, 1987. W. Harold Pate, Chairman BOARD OF COMMISSIONERS, GLYNN COUNTY, GEORGIA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virginia P. Ramsey, who, on oath, deposes and says that she is Representative from the 155th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following date: January 23, 1987. /s/ Virginia P. Ramsey Representative, 155th District Sworn to and subscribed before me, this 29th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
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GLYNN COUNTY BUSINESS LICENSES IN UNINCORPORATED AREAS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 60 (House 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 authorizing the governing authority of Glynn County to license and regulate businesses and persons in the unincorporated area of the county and to levy business license taxes or fees (Res. Act No. 39; H.R. 278-899; Ga. L. 1971, p. 975); 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 Glynn County to license and regulate businesses and persons in the unincorporated area of the county and to levy business license taxes or fees (Res. Act No. 39; H.R. 278-899; Ga. L. 1971, p. 975) 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 Pursuant to the provisions of Section 28-1-14 of the Official Code of Georgia Annotated, notice is hereby given of intention to introduce in the 1987 Session of the General Assembly of Georgia the following local legislation:
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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 governing authority of Glynn County to license and regulate businesses and to levy license taxes (Ga. Laws 1971, p. 975); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 20th day of January, 1987. W. Harold Pate, Chairman BOARD OF COMMISSIONERS, GLYNN COUNTY, GEORGIA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virginia P. Ramsey, who, on oath, deposes and says that she is Representative from the 155th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following date: January 23, 1987. /s/ Virginia P. Ramsey Representative, 155th District Sworn to and subscribed before me, this 29th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
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GLYNN COUNTY AND MUNICIPAL CORPORATIONS WITHIN GLYNN COUNTY AD VALOREM TAX; GOODS IN TRANSIT; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 61 (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 authorizing the governing authority of Glynn County or any municipal corporation within Glynn County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible personal property within Glynn County in transit through Glynn County for outside the State to a final destination outside the State and all tangible personal property grown, harvested, manufactured, processed or refined in Glynn County and stored therein for shipment outside the State (Res. Act No. 211; H.R. 622-1708; Ga. L. 1976, p. 1890); 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 Glynn County or any municipal corporation within Glynn County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible personal property within Glynn County in transit through Glynn County for outside the State to a final destination outside the State and all tangible personal property grown, harvested, manufactured, processed or refined in Glynn County and stored therein for shipment outside the State (Res. Act No. 211; H.R. 622-1708; Ga. L. 1976, p. 1890) 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
3615
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 Pursuant to the provisions of Section 28-1-14 of the Official Code of Georgia Annotated, notice is hereby given of intention to introduce in the 1987 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 governing authority of the county or any municipal corporation in the county to exempt from ad valorem taxation tangible personal property in transit to a destination outside of the state (Ga. Laws 1976, p. 1890); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 20th day of January, 1987. W. Harold Pate, Chairman BOARD OF COMMISSIONERS, GLYNN COUNTY, GEORGIA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virginia P. Ramsey, who, on oath, deposes and says that she is Representative from the 155th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following date: January 23, 1987. /s/ Virginia P. Ramsey Representative, 155th District
3616
Sworn to and subscribed before me, this 29th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987. GLYNN COUNTY DISTILLED SPIRITS AND ALCOHOLIC BEVERAGES; SALES BY THE DRINK; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 62 (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 authorizing the governing authority of Glynn County to authorize the sale of distilled spirits and alcoholic beverages in Glynn County by the drink for consumption on the premises during certain hours (Res. Act No. 214; H.R. 707-1819; Ga. L. 1976, p. 1896); 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 Glynn County to authorize the sale of distilled spirits and alcoholic beverages in Glynn County by the drink for consumption on the premises during certain hours (Res. Act No. 214; H.R. 707-1819; Ga. L. 1976, p. 1896) 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
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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 Pursuant to the provisions of Section 28-1-14 of the Official Code of Georgia Annotated, notice is hereby given of intention to introduce in the 1987 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 governing authority of Glynn County to provide for sale by the drink on the premises until 1:55 A.M. on Sundays (Ga. Laws 1976, p. 1986); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 20th day of January, 1987. W. Harold Pate, Chairman BOARD OF COMMISSIONERS, GLYNN COUNTY, GEORGIA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virginia P. Ramsey, who, on oath, deposes and says that she is Representative from the 155th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following date: January 23, 1987.
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/s/ Virginia P. Ramsey Representative, 155th District Sworn to and subscribed before me, this 29th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987. PULASKI COUNTY BOARD OF EDUCATION; ELECTIONS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 63 (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 providing for the election of the members of the Board of Education of Pulaski County from education districts (Res. Act No. 181; H.R. 816; Ga. L. 1982, p. 2664); 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 the members of the Board of Education of Pulaski County from education districts (Res. Act No. 181; H.R. 816; Ga. L. 1982, p. 2664) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia
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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 1987 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 the election of the members of the Board of Education of Pulaski County from education districts (Res. Act No. 181; H.R. 816; Ga. L. 1982, p. 2664); and for other purposes. This 8th day of January, 1987. Newt Hudson, Representative, District No. 117 STATE OF GEORGIA COUNTY OF Pulaski AFFIDAVIT OF PUBLISHER Personally appeared before me, the undersigned officer, duly authorized to administer oath in said State and County, Charlie R. Southerland, Jr., who, having been duly sworn, deposes and says on oath that he is publisher of Hawkinsville Dispatch News, that, as such, he is authorized to make this Affidavit, and that the attached notice was published in the Hawkinsville Dispatch News, a local newspaper of general circulation in Hawkinsville, Pulaski County, Georgia, on January 14, 1987. This 29 day of January, 1987. /s/ Charlie R. Southerland
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Sworn to and subscribed before me this 29 day of January, 1987. /s/ Bernice F. Southerland Notary Public My Commission Expires: 6/11/88 (SEAL) Approved February 24, 1987. OGLETHORPE COUNTY BOARD OF EDUCATION; ELECTION; SCHOOL SUPERINTENDENT; APPOINTMENT; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 64 (House 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 authorizing the General Assembly to provide by law for the election of the members of the Board of Education of Oglethorpe County by the people; and to provide for the appointment of the county school superintendent of Oglethorpe County by the Board (Res. Act No. 37; H.R. 52-88; Ga. L. 1966, p. 764); to provide the authority for the continuation; to provide for the continuing legality, validity, and constitutionality of certain local Acts relating to that board of education and superintendent; 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 law for the election of the members of the Board of Education of Oglethorpe County by the people; and to provide for the appointment of the county school
3621
superintendent of Oglethorpe County by the Board (Res. Act No. 37; H.R. 52-88; Ga. L. 1966, p. 764) 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. Section 3. Pursuant to Article XI, Section I, Paragraph IV(c) of the Constitution, that local Act establishing a Board of Education of Oglethorpe County approved March 31, 1967 (Ga. L. 1967, p. 2370), as amended, which was enacted and amended pursuant to the constitutional amendment continued by Section 1 of this Act and, pursuant to Article VIII, Section V, Paragraph IV(a) of the Constitution, later amended by an Act approved February 13, 1986 (Ga. L. 1986, p. 3568), shall continue to be legal, valid, and constitutional. 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 1987 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 provide by law for the election of the members of the Board of Education of Oglethorpe County by the people; and to provide for the appointment of the county school superintendent of Oglethorpe County by the Board [Res. Act. No. 37, H.R. 52-88; Ga. L. 1966, p. 764]; to provide for the continuing legality, validity, and constitutionality of certain local acts relating to that board of education and superintendent; and for other purposes. This 27th day of January, 1987. Kelly Graham Board Chairman
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AFFIDAVIT STATE OF GEORGIA COUNTY OF OGLETHORPE COME 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 1987 Session of the Georgia General Assembly. 3. This advertisement was printed in the 1/29/87 issue of the Oglethorpe Echo . This the 29 day of January, 1987. /s/ Ralph B. Maxwell, Jr. Sworn to and subscribed before me on this the 29th day of January, 1986 /s/ Judy H. Paul Notary Public, Oglethorpe Co., Georgia My Commission Expires May 13, 1990 (SEAL) Approved February 24, 1987.
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MURRAY COUNTY BOARD OF EDUCATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 65 (House Bill No. 533). 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 Board of Education of Murray County proposed by House Resolution No. 167-526a, Resolution Act No. 62, adopted at the 1957 session of the General Assembly (Ga. L. 1957, p. 515) and ratified at the 1958 general election; 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 relating to the Board of Education of Murray County proposed by House Resolution No. 167-526a, Resolution Act No. 62, adopted at the 1957 session of the General Assembly (Ga. L. 1957, p. 515) and ratified at the 1958 general election 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 1987 session of the General Assembly of Georgia a bill to continue in effect as a part of the Constitution of the State of Georgia
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that constitutional amendment relating to the Board of Education of Murray County (G. L. 1957, p. 515), which was ratified at the 1958 general election; and for other purposes. This 20th day of January, 1987. Honorable Tom Ramsey Representative, 3rd District 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 28, 1987. /s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
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MURRAY COUNTY BOARD OF EDUCATION; ELECTIONS; DISTRICTS; RESIDENCY. No. 66 (House Bill No. 534). AN ACT To provide for the continued existence of the heretofore existing Board of Education of Murray County; to provide for the election of the successor to the at-large member of said board of education; to provide education districts relative to the election of members of said board of education; to provide for residency within said districts for candidates who succeed incumbent members of said board of education and for residency within said districts during a term of office; 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 . The heretofore existing Board of Education of Murray County is continued in existence. The successors to the members of said heretofore existing board of education shall be elected as provided in this Act. Section 2 . The successor to the at-large member of the Board of Education of Murray County shall be elected at the general election of 1988 and shall take office on the first day of January, 1989, for a term of six years and until a successor is elected and qualified. Thereafter, a successor shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following the election for a term of six years and until a successor is elected and qualified. Section 3 . (a) For the purpose of electing the remaining six members of the Board of Education of Murray County, the Murray County school district shall be divided into six education districts as follows:
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Education District 1 Murray Tract 9903 Blocks 101 through 104, 106, and 107 That part of Block 108 which lies East of Holly Creek Block 160 through 165, 172, 173, 178, 179, and 183 Block Group 2 Tract 9904 Blocks 101, 102, and 106 through 132 Blocks 212 through 216 and 218 Education District 2 Murray Tract 9902 That part of Block 402 outside the City of Spring Place Blocks 403 through 426 Tract 9904 Blocks 103 through 105 Blocks 201 through 211, 217, and 219 through 231 Block Group 3 Education District 3 Murray Tract 9901 Blocks 101 through 116, 120 through 124, and 126 through 133 Block 219 Blocks 304, 308 through 344 Block 405 Those parts of Blocks 419 and 420 inside the City of Eton Tract 9903 Block 105
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Education District 4 Murray Tract 9901 Blocks 117 through 119 and 125 Blocks 201 through 218 and 220 through 227 Blocks 305 and 306 Blocks 401 through 404 and 406 through 418 Those parts of Blocks 419 and 420 outside the City of Eton Blocks 421 through 424 Tract 9902 Blocks 201, 206, and 207 Block 301 Education District 5 Murray Tract 9901 Blocks 345 through 347 Block 426 Block Group 5 Tract 9903 That part of Block 108 which lies West of Holly Creek Blocks 109 through 128, 130 through 141, 145, 148 through 159, 166 through 171, and 174 through 176 Block 301 That part of Block 302 which lies inside the City of Spring Place That part of Block 302 outside the City of Chatsworth Blocks 303 through 305, 309, and 314 through 319 Education District 6 Murray Tract 9901 Blocks 425 and 427 through 429
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Tract 9902 Blocks 202 through 205 and 208 Blocks 302 through 316 Block 401 That part of Block 402 inside the City of Spring Place That part of Block 302 inside the City of Spring Place Tract 9903 Blocks 306 through 308, 311 through 313, and 320 through 323 (b) As used in subsection (a) of this section, the terms Tract, Block Group, and Block shall mean and 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, County of Murray. Whenever the description of any education district 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, County of Murray. Any part of the Murray County school district which is not included in an 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 1980 decennial census. Section 4. (a) One member of the Board of Education of Murray County shall be elected to represent each of the education districts described in Section 3 of this Act. A candidate offering for election to represent an education district shall be a resident of the education district at the time of qualifying as a candidate, and any person elected as a member of the board of education shall remain a resident of the education district which the person was elected to represent during the term of office. Each member of the Board of Education of Murray County shall be elected by a majority of the voters voting within the entire Murray County school district. 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. (b) The first members elected to represent education districts described in Section 3 of this Act shall be elected as follows:
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(1) The first members elected to represent education districts 5 and 6 shall be elected at the general election of 1988 and shall be the successors to the incumbent members of the Board of Education of Murray County, other than the at-large member, whose regular terms of office expire on December 31, 1988. (2) The first members elected to represent education districts 1 and 2 shall be elected at the general election of 1990 and shall be the successors to the incumbent members of the Board of Education of Murray County whose regular terms of office expire on December 31, 1990. (3) The first members elected to represent education districts 3 and 4 shall be elected at the general election of 1992 and shall be the successors to the incumbent members of the Board of Education of Murray County whose regular terms of office expire on December 31, 1992. (c) The members of the Board of Education of Murray County elected pursuant to subsection (b) of this section 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. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the respective 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. The Board of Education of Murray County shall be subject to all constitutional and statutory provisions applicable specifically to the Board of Education of Murray County and applicable generally to county boards of education, except to the extent such provisions conflict with the provisions of this Act and to the extent of such conflict, the provisions of this Act shall control. It is specifically provided that the provisions of the constitutional amendment applicable to the Board of Education of Murray County which amendment was ratified at the general election of 1958 (Ga. L. 1957, p. 515; House Resolution 167-526 a; Act No. 62) shall continue in force and effect, except for the provisions thereof relating to the election of the members of the board of education.
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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 1987 session of the General Assembly of Georgia a bill to provide for the continuation of the heretofore existing Board of Education of Murray County and for the manner of electing the members of said board of education; and for other purposes. This 20th day of January, 1987. Honorable Tom Ramsey Representative, 3rd District 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 28, 1987. /s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
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CLARKE COUNTY AND THE CITY OF ATHENS TAXES OTHER THAN AD VALOREM PROPERTY TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 67 (House Bill No. 535). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing the procedure where taxes other than ad valorem property taxes may be levied by Clarke County and the City of Athens and providing for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies (Res. Act No. 267; H.R. 529-1156; Ga. L. 1968, p. 1822); 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 the procedure where taxes other than ad valorem property taxes may be levied by Clarke County and the City of Athens and providing for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies (Res. Act No. 267; H.R. 529-1156; Ga. L. 1968, p. 1822) 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
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Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia local legislation to continue in force and effect that local constitutional amendment (Ga. Laws 1968, p. 1822) which relates to authorization for the levy, after referendum, of any tax not expressly prohibited by the Constitution or general laws with a corresponding property tax reduction; and for other purposes. BOARD OF COMMISSIONERS OF CLARKE COUNTY, GEORGIA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lawton Evans Stephens, 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 Observer which is the official organ of Clarke County, on the following date: January 15, 1987. /s/ Lawton Evans Stephens Representative, 68th District Sworn to and subscribed before me, this 30th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
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CLARKE COUNTY MERIT SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 68 (House Bill No. 536). 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 Clarke County to provide by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of Clarke County paid in whole or in part by county funds, other than elected and certain appointed officials (Res. Act No. 259; H.R. 781-1830; Ga. L. 1980, p. 2305); 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 Clarke County to provide by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of Clarke County paid in whole or in part by county funds, other than elected and certain appointed officials (Res. Act No. 259; H.R. 781-1830; Ga. L. 1980, p. 2305) 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 1987 session of the General Assembly of Georgia local legislation
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to continue in force and effect that local constitutional amendment (Ga. Laws 1980, p. 2305) which relates to authority for the Board of Commissioners of Clarke County to provide by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of Clarke County who are paid in whole or in part by county funds, other than elected and certain appointed officials; and for other purposes. BOARD OF COMMISSIONERS OF CLARKE COUNTY, GEORGIA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lawton Evans Stephens, 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 Observer which is the official organ of Clarke County, on the following date: January 15, 1987. /s/ Lawton Evans Stephens Representative, 68th District Sworn to and subscribed before me, this 30th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
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CLARKE COUNTY WATER, SANITATION, SEWERAGE, AND FIRE PROTECTION DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 69 (House Bill No. 537). 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 governing authority of Clarke County may establish water, sanitation, sewerage, and fire protection districts in Clarke County and may levy taxes and issue bonds to operate, maintain, and administer such districts and systems (Res. Act No. 195; H.R. 446-1065; Ga. L. 1960, p. 1387); 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 governing authority of Clarke County may establish water, sanitation, sewerage, and fire protection districts in Clarke County and may levy taxes and issue bonds to operate, maintain, and administer such districts and systems (Res. Act No. 195; H.R. 446-1065; Ga. L. 1960, p. 1387) 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
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Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia local legislation to continue in force and effect that local constitutional amendment (Ga. Laws 1960, p. 1387) which relates to authority for the creation of water, sanitation, sewage and fire protection services and the creation of service districts and levy of taxes within such districts; and for other purposes. BOARD OF COMMISSIONERS OF CLARKE COUNTY, GEORGIA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lawton Evans Stephens, 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 Observer which is the official organ of Clarke County, on the following date: January 15, 1987. /s/ Lawton Evans Stephens Representative, 68th District Sworn to and subscribed before me, this 30th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
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GAINESVILLE REDEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 70 (House Bill No. 546). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the creation of a Gainesville Redevelopment Authority, providing for powers and limitations, and permitting the issuance of certain bonds (Resolution Act No. 155; Senate Resolution 248; Ga. L. 1980, p. 2024); 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 creation of a Gainesville Redevelopment Authority, providing for powers and limitations, and permitting the issuance of certain bonds (Resolution Act No. 155; Senate Resolution 248; Ga. L. 1980, p. 2024) 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 1987 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 creation of a Gainesville Redevelopment Authority and permitting the
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issuance of certain bonds (Res Act No 155, S.R. 248, Ga L 1980, p. 2024), and for other purposes. This 21st day of January 1987 Wood of 9th Jackson of 9th Lawson of 9th Deal of 49th GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Lawson, 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 25, 1987. /s/ Bobby Lawson Representative, 9th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
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CITY OF WAYCROSS TAX TO PROMOTE INDUSTRY; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 71 (House Bill No. 570). 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. 241 (Senate Resolution No. 101) enacted at the 1962 session of the General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1962, p. 1158) and which authorized the City of Waycross to use funds raised from the levy of its industrial tax to assist, promote, and encourage the location of industry in Ware County as well as in the City of Waycross; 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. 241 (Senate Resolution No. 101) enacted at the 1962 session of the General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1962, p. 1158) and which authorized the City of Waycross to use funds raised from the levy of its industrial tax to assist, promote, and encourage the location of industry in Ware County as well as in the City of Waycross 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
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Notice is given that there will be introduced at the regular 1987 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. 241 (Senate Resolution No. 101) enacted at the 1962 session of the General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1962, p. 1158) and which authorized the City of Waycross to use funds raised from the levy of its industrial tax to assist, promote, and encourage the location of industry in Ware County as well as in the City of Waycross; to provide the authority for this Act; to provide for related matters; and for other purposes. This 21st day of January, 1987. Harry D. Dixon 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 31, 1987. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 3rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
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CITY OF NORCROSS HOMESTEAD EXEMPTION; PERSONS 62 OR OLDER; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 72 (House Bill No. 580). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a homestead exemption of $2,000.00 from all ad valorem taxes levied by the City of Norcross for persons 62 years of age or over (Res. Act No. 137; H.R. 491-1435; Ga. L. 1974, p. 1691); 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 homestead exemption of $2,000.00 from all ad valorem taxes levied by the City of Norcross for persons 62 years of age or over (Res. Act No. 137; H.R. 491-1435; Ga. L. 1974, p. 1691) 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 1987 Session of the General Assembly of Georgia, a local Bill to continue in force and effect as part of the Constitution of
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the State of Georgia, that Constitutional Amendment authorizing the City of Norcross to grant each person who is Sixty-two (62) 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 resident (Ga. L. 1974, p. 1691); and to repeal conflicting laws This 12 day of January, 1987. -s- Gary S. Cobb Mayor Gary Cobb City of Norcross -s- Peter F. Boyce Peter F. Boyce, Boyce, Thompson O'Brien, P.C. City Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronald W. Pittman, 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 23, 1987. /s/ Ronald W. Pittman Representative, 60th District Sworn to and subscribed before me, this 3rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
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DOUGLASVILLE-DOUGLAS COUNTY STADIUM AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 73 (House Bill No. 591). 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 (House Resolution No. 660-1942) of the 1974 General Assembly (Ga. L. 1974, p. 1781) and which was duly ratified at the 1974 general election and which relates to creating the Douglasville-Douglas County Stadium 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. 172 (House Resolution No. 660-1942) of the 1974 General Assembly (Ga. L. 1974, p. 1781) and which was duly ratified at the 1974 general election and which relates to creating the Douglasville-Douglas County Stadium 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 1987 session of the General Assembly of Georgia a bill to continue
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in force and effect as a part of Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 172 (House Resolution No. 660-1942) of the 1974 General Assembly (Ga. L. 1974, p. 1781) and which was duly ratified at the 1974 general election and which relates to creating the Douglasville-Douglas County Stadium Authority; and for other purposes. /Thomas M. Kilgore, Honorable Representative, 42nd District. 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: December 23, 1986. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
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DOUGLAS COUNTY BOARD OF EDUCATION; ELECTIONS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 74 (House Bill No. 592). 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. 49 (Senate Resolution No. 23) of the 1955 General Assembly (Ga. L. 1955, p. 463) and which was duly ratified at the 1956 general election and which relates to providing for the election of members of the Board of Education of Douglas County and prescribing 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 by Resolution Act No. 49 (Senate Resolution No. 23) of the 1955 General Assembly (Ga. L. 1955, p. 463) and which was duly ratified at the 1956 general election and which relates to providing for the election of members of the Board of Education of Douglas County and prescribing 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 continuatiokn 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 1987 session of the General Assembly of Georgia a bill to continue
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in force and effect as a part of Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 49 (Senate Resolution No. 23) of the 1955 General Assembly (Ga. L. 1955, p. 463) and which was duly ratified at the 1956 general election and which relates to providing for the election of members of the Board of Education of Douglas County and prescribing procedures connected therewith; and for other purposes. This 16th day of December, 1986. s/Thomas M. Kilgore, Honorable Thomas Kilgore, Representative, 42nd District. 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: December 23, 1986. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
3647
DOUGLAS COUNTY BUSINESS LICENSES; ORDINANCES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 75 (House Bill No. 593). 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. 187 (House Resolution No. 620-1165) of the 1962 General Assembly (Ga. L. 1962, p. 969) and which was duly ratified at the 1962 general election and which relates to authorizing the governing authority of Douglas County to license, police, and regulate businesses, to adopt and enact ordinances, and to provide penalties; 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. 187 (House Resolution No. 620-1165) of the 1962 General Assembly (Ga. L. 1962, p. 969) and which was duly ratified at the 1962 general election and which relates to authorizing the governing authority of Douglas County to license, police, and regulate businesses, to adopt and enact ordinances, and to provide penalties 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.
3648
Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to continue in force and effect as a part of Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 187 (House Resolution No. 620-1165) of the 1962 General Assembly (Ga. L. 1962, p. 969) and which was duly ratified at the 1962 general election and which relates to authorizing the governing authority of Douglas County to license, police, and regulate businesses, to adopt and enact ordinances, and to provide penalties; and for other purposes. This 16th day of December, 1986. s/Thomas M. Kilgore, Honorable Thomas Kilgore, Representative, 42nd District. 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: December 23, 1986. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
3649
DOUGLAS COUNTY CIVIL SERVICE SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 76 (House Bill No. 594). 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. 20 (House Resolution No. 17-41) of the 1967 General Assembly (Ga. L. 1967, p. 916) and which was duly ratified at the 1968 general election and which relates to providing that the General Assembly may authorize and provide for a civil service system and a retirement system for all present and future officers and employees of Douglas County and for 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 by Resolution Act No. 20 (House Resolution No. 17-41) of the 1967 General Assembly (Ga. L. 1967, p. 916) and which was duly ratified at the 1968 general election and which relates to providing that the General Assembly may authorize and provide for a civil service system and a retirement system for all present and future officers and employees of Douglas County and for 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.
3650
Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to continue in force and effect as a part of Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 20 (House Resolution No. 17-41) of the 1967 General Assembly (Ga. L. 1967, p. 916) and which was duly ratified at the 1968 general election and which relates to providing that the General Assembly may authorize and provide for a civil service system and a retirement system for all present and future officers and employees of Douglas County and for procedures connected therewith; and for other purposes. /Thomas M. Kilgore, Honorable Representative, 42nd District. 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: December 23, 1986. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
3651
DOUGLAS COUNTY WATER, SANITATION, SEWERAGE, AND FIRE PROTECTION DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 77 (House Bill No. 595). 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. 252 (House Resolution No. 687-1477) of the 1968 General Assembly (Ga. L. 1968, p. 1791) and which was duly ratified at the 1968 general election and which relates to authorizing the governing authority of Douglas County to establish water, sanitation, sewerage, and fire protection districts and systems and to levy taxes and issue bonds and revenue bonds to operate, maintain, and administer such districts and systems; 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. 252 (House Resolution No. 687-1477) of the 1968 General Assembly (Ga. L. 1968, p. 1791) and which was duly ratified at the 1968 general election and which relates to authorizing the governing authority of Douglas County to establish water, sanitation, sewerage, and fire protection districts and systems and to levy taxes and issue bonds and revenue bonds to operate, maintain, and administer such districts and systems 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.
3652
Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to continue in force and effect as a part of Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 252 (House Resolution No. 687-1477) of the 1968 General Assembly (Ga. L. 1968, p. 1791) and which was duly ratified at the 1968 general election and which relates to authorizing the governing authority of Douglas County to establish water, sanitation, sewerage and fire protection districts and systems and to levy taxes and issue bonds and revenue bonds to operate, maintain, and administer such districts and system; and for other purposes. s/Thomas M. Kilgore, Honorable Thomas Kilgore, Representative, 42nd District. 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: December 23, 1986. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
3653
DOUGLAS COUNTY RECALL OF COUNTY OFFICERS AND MEMBERS OF THE BOARD OF EDUCATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 78 (House Bill No. 596). 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. 11 (House Resolution No. 27-144) of the 1975 General Assembly (Ga. L. 1975, p. 1677) and which was duly ratified at the 1976 general election and which relates to providing for the recall of the clerk of the superior court, the judge of the probate court, the sheriff, the tax commissioner, and the coroner of Douglas County or members of the Board of Education of Douglas 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. 11 (House Resolution No. 27-144) of the 1975 General Assembly (Ga. L. 1975, p. 1677) and which was duly ratified at the 1976 general election and which relates to providing for the recall of the clerk of the superior court, the judge of the probate court, the sheriff, the tax commissioner, and the coroner of Douglas County or members of the Board of Education of Douglas 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.
3654
Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to continue in force and effect as a part of Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 11 (House Resolution No. 27-144) of the 1975 General Assembly (Ga. L. 1975, p. 1677) and which was duly ratified at the 1976 general election and which relates to providing for the recall of the clerk of the superior court, the judge of the probate court, the sheriff, the tax commissioner, and the coroner of Douglas County or members of the Board of Education of Douglas County; and for other purposes. /Thomas M. Kilgore, Honorable Representative, 42nd District. 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: December 23, 1986. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
3655
DOUGLAS COUNTY BONDS FOR ROAD PURPOSES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 79 (House Bill No. 597). 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. 170 (House Resolution No. 362-874d) of the 1958 General Assembly (Ga. L. 1958, p. 598) and which was duly ratified at the 1958 general election and which relates to providing for the issuance of bonds for road purposes in Douglas County not to exceed ten percent of the assessed value of taxable property in 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. 170 (House Resolution No. 362-874d) of the 1958 General Assembly (Ga. L. 1958, p. 598) and which was duly ratified at the 1958 general election and which relates to providing for the issuance of bonds for road purposes in Douglas County not to exceed ten percent of the assessed value of taxable property in 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.
3656
Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to continue in force and effect as a part of Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 170 (House Resolution No. 362-874d) of the 1958 General Assembly (Ga. L. 1958, p. 598) and which was duly ratified at the 1958 general election and which relates to providing for the election and which relates to providing for the issuance of bonds for road purposes in Douglas County not to exceed ten percent of the assessed value of taxable property in the county; and for other purposes. This 16th day of December, 1986. s/Thomas M. Kilgore, Honorable Thomas Kilgore, Representative, 42nd District. 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: December 23, 1986. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
3657
MCINTOSH COUNTY BONDED INDEBTEDNESS FOR EDUCATIONAL PURPOSES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 80 (House Bill No. 617). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the County of McIntosh to increase the bonded indebtedness of said County of McIntosh, for educational purposes and also for the purpose of paying off any indebtedness that now exists or may hereafter exist against the board of education of McIntosh County (Res. Act No. 38; Ga. L. 1926, Ex. Sess., p. 28); 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 County of McIntosh to increase the bonded indebtedness of said County of McIntosh, for educational purposes and also for the purpose of paying off any indebtedness that now exists or may hereafter exist against the board of education of McIntosh County (Res. Act No. 38; Ga. L. 1926, Ex. Sess., p. 28) 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
3658
Notice is given that there will be introduced at the regular 1987 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 County of McIntosh to increase the bonded indebtedness of said County of McIntosh, for educational purposes and also for the purpose of paying off any indebtedness that now exists or may hereafter exist against the board of education of McIntosh County (Res. Act No. 38; Ga. L. 1926, Ex. Sess., p. 28); and for other purposes. This 26th day of January, 1987. /s/ RALPH G. HUFF GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Willou Smith, who, on oath, deposes and says that she is Representative from the 156th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Darien News which is the official organ of McIntosh County, on the following date: January 29, 1987. /s/ Willou Smith Representative, 156th District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987.
3659
BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 81 (House Bill No. 620). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Brunswick and Glynn County Development Authority (Res. Act No. 151; H.R. 411-852; Ga. L. 1962, p. 810); 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 Brunswick and Glynn County Development Authority (Res. Act No. 151; H.R. 411-852; Ga. L. 1962, p. 810) 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 Pursuant to the provisions of Section 28-1-14 of the Official Code of Georgia Annotated, notice is hereby given of intention to introduce in the 1987 Session of the General Assembly of Georgia the following local legislation:
3660
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 to amend an Act implementing the Brunswick and Glynn County Development Authority, approved April 2, 1963 (Ga. Laws 1963, p.2826), as amended by an Act approved March 30, 1965 (Ga. Laws 1965, p.2928), and as amended by an Act approved April 9, 1981, (Ga. Laws 1981, p.4335), which Act was enacted pursuant to an amendment to the Constitution set out at Ga. Laws 1962, p.810, so as to change the membership; to amend the term of office of such membership; to change the name of the governing body; to change the method of appointment; to provide for qualification of members to change the number of members which constitute a quorum; to repeal conflicting laws; and for other purposes.; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 20th day of January, 1987. W. Harold Pate, Chairman BOARD OF COMMISSIONERS, GLYNN COUNTY, GEORGIA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virginia P. Ramsey, who, on oath, deposes and says that she is Representative from the 155th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following date: January 23, 1987. /s/ Virginia P. Ramsey Representative, 155th District
3661
Sworn to and subscribed before me, this 29th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987. HALL COUNTY FIRE PREVENTION DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 82 (House Bill No. 716). 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 establishment of fire prevention districts in Hall County and the authority for Hall County and the municipalities in Hall County to contract with each other for the purpose of fire prevention and authorizing Hall County to levy a tax for the purpose of fire prevention and authorizing the fire prevention districts of Hall County to issue bonds for fire prevention purposes (Res. Act No. 163; H.R. 333-715; Ga. L. 1960, p. 1303); 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 establishment of fire prevention districts in Hall County
3662
and the authority for Hall County and the municipalities in Hall County to contract with each other for the purpose of fire prevention and authorizing Hall County to levy a tax for the purpose of fire prevention and authorizing the fire prevention districts of Hall County to issue bonds for fire prevention purposes (Res. Act No. 163; H.R. 333-715; Ga. L. 1960, p. 1303) 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 1987 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 the establishment of fire prevention districts in Hall County to contract with each other for the purpose of fire prevention and authorizing Hall County to levy a tax for the purpose of fire prevention and authorizing the fire prevention districts of Hall County to issue bonds for fire prevention purposes (Res. Act No. 163; H.R. 333-715; Ga. L. 1960, p. 1303); and for other purposes. This 3rd day of February, 1987. Wood of 9th, Jackson of 9th, Lawson of 9th GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe T. Wood, who, on oath,
3663
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 3, 1987. /s/ Joe T. Wood Representative, 9th District Sworn to and subscribed before me, this 9th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987. PEACH COUNTY BOARD OF EDUCATION; BUILDING FUNDS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 83 (House Bill No. 763). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the County Board of Education of Peach County to borrow funds and pledge certain building funds to the payment thereof (Res. Act No. 154; H.R. 421-875; Ga. L. 1962, p. 825); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
3664
Section 1 . That constitutional amendment authorizing the County Board of Education of Peach County to borrow funds and pledge certain building funds to the payment thereof (Res. Act No. 154; H.R. 421-875; Ga. L. 1962, p. 825) 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 1987 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 County Board of Education of Peach County to borrow funds and pledge certain building funds to the payment thereof (Res. Act No. 154; H.R. 421-875; Ga. L. 1962, p. 825); and for other purposes. This 2 day of February, 1987. Representative Robert Ray 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 4, 1987.
3665
/s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 10th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987. PEACH COUNTY BOARD OF EDUCATION; GRANTS FOR EDUCATING HANDICAPPED CITIZENS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 84 (House Bill No. 764). 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 Education of Peach County to make grants for the purpose of educating or training certain handicapped citizens of Peach County (Res. Act No. 199; H.R. 587-1387; Ga. L. 1972, p. 1381); 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 Education of Peach County to make grants for the
3666
purpose of educating or training certain handicapped citizens of Peach County (Res. Act No. 199; H.R. 587-1387; Ga. L. 1972, p. 1381) 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 1987 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 Education of Peach County to make grants for the purpose of educating or training certain handicapped citizens of Peach County (res. Act No. 199; H.R. 587-1387; Ga. L. 1972, p. 1381); and for other purposes. This 2 day of February, 1987. Representative Robert Ray 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 4, 1987.
3667
/s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 10th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987. PEACH COUNTY TAX FOR PEACH COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 85 (House Bill No. 765). 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 Peach County to levy a tax not to exceed 1 mill for use by the Peach County Industrial Development Authority (Res. Act No. 179; H.R. 583-1182; Ga. L. 1970, p. 992); 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 Peach County to levy a tax not to exceed
3668
1 mill for use by the Peach County Industrial Development Authority (Res. Act No. 179; H.R. 583-1182; Ga. L. 1970, p. 992) 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 1987 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 Peach County to levy a tax not to exceed 1 mill for use by the Peach County Industrial Development Authority (res. Act No. 179; H.R. 583-1182; Ga. L. 1970, p. 992); and for other purposes. This 2nd day of February, 1987. Peach County Commissioners 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
3669
is the official organ of Peach County, on the following date: February 4, 1987. /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 10th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1987. CARROLL COUNTY STATE COURT; JUDGE, SOLICITOR, AND JUDGE'S SECRETARY; COMPENSATION. No. 86 (House Bill No. 789). AN ACT To amend an Act establishing the State Court of Carroll County, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, particularly by an Act approved February 28, 1985 (Ga. L. 1985, p. 3569), so as to change the compensation of the judge, solicitor, and judge's secretary; 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:
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Section 1. An Act establishing the State Court of Carroll County, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, particularly by an Act approved February 28, 1985 (Ga. L. 1985, p. 3569), is amended by striking subsection (b) of Section 4 which reads as follows: (b) The judge of the court shall receive an annual salary of $45,000.00, payable in equal monthly installments from county funds., and inserting in its place a new subsection to read as follows: (b) The judge of the court shall receive an annual salary equal to 85 percent of the salary of the judge of Superior Court of Carroll County, exclusive of the supplements paid to the judge of superior court by the counties in the Coweta Judicial Circuit. Said salary shall be paid in equal monthly installments from county funds. Section 2. Said Act is further amended by replacing the figure $12,000.00 in subsection (d) of Section 4 with the figure $14,750.00, so that when so amended said subsection (d) of Section 4 shall read as follows: (d) The judge is authorized to employ a secretary; and the person to be employed shall be selected in the sole discretion of the judge. The secretary of the judge shall receive an annual salary of not less than $14,750.00 which may be increased by the judge with the approval of the county governing authority. The secretary's salary shall be paid from county funds. Section 3. Said Act is further amended by replacing the figure $56,000.00 in subsection (a) of Section 7 with the figure $68,500.00, so that when so amended said subsection (a) of Section 7 shall read as follows: (a) It shall be the duty of the solicitor of the State Court of Carroll County to represent the state in all cases therein, and in all cases in the Supreme Court carried from said state court to which the state is a party. In case the
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solicitor of said state court cannot attend to the duties of the same, the judges thereof shall appoint some competent attorney to act as solicitor pro tempore. The solicitor of said state court shall receive an annual salary of $68,500.00 to be paid in equal monthly installments from funds of Carroll County. The solicitor 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 his office, and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, said officer shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by said officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. The solicitor of said state court, before entering upon the discharge of his duties, shall, in addition to the oath required of all civil offices, take and subscribe the following oath: `I do solemnly swear that I will faithfully and impartially, and without fear, favor, or affection, discharge the duties of the office of solicitor of the State Court of Carroll County, so help me God.' 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 hereby given that there will be introduced at the January, 1987 Session of the General Assembly of Georgia a
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bill to amend the Act creating a City Court of Carrollton, now know as the State Court of Carroll, as amended, so as to change the compensation of the Judge and solicitor of said court and the secretary of the State Court, and for other purposes. This 12 day of January, 1987. s/WAYNE GARNER s/CHARLES A. THOMAS, JR. s/JOHN SIMPSON AFFIDAVIT GEORGIA Carroll County To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in The Daily Times Georgian legal organ for Carroll County. The following dates, to-wit: January 15 Sworn to on the 30 day of January, 1987 /s/ David R. McClain Publisher Sworn to and subscribed before me on the 30 day of January, 1987 /s/ Ruthe E. Bracknell Notary Public, Georgia, State At Large My Commission Expires Sept. 5, 1987 (SEAL) Approved February 25, 1987.
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CITY OF THOMASVILLE BOARD OF EDUCATION; COMPOSITION; ELECTIONS; DISTRICTS. No. 88 (House Bill No. 573). AN ACT To amend an Act relating to the board of education of the independent school district of the City of Thomasville, approved November 30, 1900 (Ga. L. 1900, p. 451), as amended, so as to change the composition and method of election of the board of education of the Thomasville school district; to provide for the board of education elected under this Act as the successor to and continuation of the board of education elected under prior law; to provide for the qualifications, terms of office, election, and service of members of the board; to provide for designation and nondesignation of the positions to which election is sought; to provide for nonpartisan elections by plurality vote; to provide for districts from and by which the members of the board shall be elected; to provide for the filling of vacancies; to provide for the continuation in office of previous members of the board until the expiration of their terms; to provide for other 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 the independent school district of the City of Thomasville, approved November 30, 1900 (Ga. L. 1900, p. 451), as amended, is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. Be it further enacted as follows: (a) The board of education of the independent school district of the City of Thomasville shall consist of seven members. The board of education elected under this section shall in all respects be a successor to and continuation of the board of education elected under prior law. Members of the board of education shall be elected at the general municipal election
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conducted by the City of Thomasville in December of 1987 and biennially thereafter at the general municipal election in each odd-numbered year. (b) The members of the board of education in office on the effective date of this section shall continue to serve for the remainder of the terms for which they were elected and until their successors are elected and qualified, such members and the expiration of their terms of office being as follows: (1) Almeda D. Simpson, Curtis Thomas, J. Dan Bain III, and William U. Norwood, term expiring December 31, 1987; and (2) Debbie Loftiss, Richard G. Mooney, and William H. Raney, term expiring December 31, 1989. (c) Successors to the members in office on the effective date of this section and future successors shall be elected as follows: Three members shall be elected from and by the voters of Education District No. 1 and these members shall be designated as representing Education District No. 1. Three members shall be elected from and by the voters of Education District No. 2 and these members shall be designated as representing Education District No. 2. One member shall be elected from and by the voters of the Thomasville school district at large and this member shall be designated as the member at large. These members shall be elected as follows: (1) At the general municipal election in 1987 there shall be elected a member at large and three members to represent Education District No. 1. All of the members elected in 1987 shall serve for terms of four years, except that the member elected to represent Education District No. 1 who receives the lowest number of votes of the three members elected to represent Education District No. 1 shall serve for a term of two years. (2) At the general municipal election in 1989 there shall be elected a member to succeed the member elected in 1987 to represent Education District No. 1 for a term of two years. At the general municipal election in 1989
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there shall also be elected three members to represent Education District No. 2. All of the members elected in 1989 shall serve for terms of four years, except that the member elected to represent Education District No. 2 who receives the lowest number of votes of the three members elected to represent Education District No. 2 shall serve for a term of two years. (3) At the general municipal election in 1991 and biennially thereafter there shall be elected a successor to each member whose term will expire as of the end of that year. All of the members elected in 1991 and thereafter shall serve for terms of four years. (4) All members shall, if necessary, hold over beyond their term of office until such time as their successors are elected and qualified. The terms of all members shall begin on the first day of January next following their election. A successor to each member shall be elected at the general municipal election next preceding the expiration of a term of office. (5) For purposes of clarification, the provisions of this subsection (c) are intended to provide a perpetual scheme of election whereby in 1991 and quadrennially thereafter there shall be elected two members to represent Education District No. 1, a member at large, and one member to represent Education District No. 2. Likewise under this perpetual scheme of election, in 1993 and quadrennially thereafter there shall be elected two members to represent Education District No. 2 and one member to represent Education District No. 1. (d) (1) Members elected to represent Education District No. 1 shall be elected only by the qualified voters of the Thomasville school district residing within Education District No. 1; and members elected to represent Education District No. 2 shall be elected only by the qualified voters of the Thomasville school district residing within Education District No. 2. Members at large shall be elected by all the qualified voters of the Thomasville school district. (2) Each candidate for election to the board of education shall clearly designate whether he is seeking election
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to represent Education District No. 1 or to represent Education District No. 2 or at large. However, in any election at which two or more members are to be elected to represent either Education District No. 1 or No. 2, a candidate shall not be required to designate a specific post or designate a specific member he seeks to succeed, so that in any such election all candidates to represent such education district shall run against all other candidates to represent such education district. If there are to be elected two members to represent an education district, the two candidates receiving the highest numbers of votes shall be elected; and if there are to be elected three members to represent an education district, the three candidates receiving the highest numbers of votes shall be elected. In the election of members to represent an education district, an elector of that education district shall vote for the same number of candidates seeking election from such education district as the number of members to be elected to represent such education district; and such an elector shall not cast more than one vote for any such candidate. (3) All candidates shall be elected to the board of education by plurality vote, without regard to whether any candidate receives a majority of the votes cast; and no run-off election shall be held except in the case of a tie vote. All elections under this section shall be nonpartisan elections. (e) Any vacancy on the board of education occurring other than because of the expiration of a term of office shall be filled by the board of education, a majority vote of all the remaining members being necessary for such election. (f) In order to be eligible for election as a member to represent Education District No. 1, a candidate must, in addition to all other requirements imposed by law, be a resident of Education District No. 1; and if a member representing Education District No. 1 removes his residence from Education District No. 1, his office shall be immediately vacated as provided by Code Section 45-5-1 of the O.C.G.A. In order to be eligible for election as a member to represent Education District No. 2, a candidate must, in addition to all other
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requirements imposed by law, be a resident of Education District No. 2; and if a member representing Education District No. 2 removes his residence from Education District No. 2, his office shall be immediately vacated as provided by Code Section 45-5-1 of the O.C.G.A. If any member removes his residence from the Thomasville school district, his office shall be immediately vacated as provided by Code Section 45-5-1 of the O.C.G.A. (g) For purposes of electing members of the board of education, the Thomasville school district is divided into two education districts as follows: Education District No. 1 All that portion of the City of Thomasville which lies west of a line through the approximate center of the City of Thomasville, said line being more particularly described as follows: For a point of beginning commence at the intersection of the northerly margin of the right of way of Pinetree Boulevard and the center line of the right of way of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc., and run south along the center line of the right of way of said railroad to its intersection with the center line of the right of way of North Madison Street; run thence in a southeasterly direction along the center line of the right of way of North Madison Street to its intersection with the center line of the right of way of the east-west line of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc.; run thence along the center line of the right of way of the east-west line of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc., to its intersection with the center line of the right of way of South Street; run thence in a southerly direction along the center line of the right of way of South Street to its intersection with the center line of the right of way of Augusta Avenue; run thence in an easterly direction along the center line of the right of way of Augusta Avenue to its intersection with the center line of the right of way of Orange Street; run thence south along the center line of the right of way of Orange Street to its intersection with the southerly margin of the right of way of Pinetree Boulevard. All property
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within the limits of the City of Thomasville which lies west of the line described above and all property within the limits of the City of Thomasville due west of a line created by extending in a northerly direction the northern terminus of the line described above, and all property within the limits of the City of Thomasville which lies due west of a line created by extending in the southerly direction the southern terminus of the line described above shall be deemed to lie within Education District No. 1 for the purposes of this legislation. Education District No. 2 All that portion of the City of Thomasville which lies east of a line through the approximate center of the City of Thomasville, said line being more particularly described as follows: For a point of beginning commence at the intersection of the northerly margin of the right of way of Pinetree Boulevard and the center line of the right of way of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc., and run south along the center line of the right of way of said railroad to its intersection with the center line of the right of way of North Madison Street; run thence in a southeasterly direction along the center line of the right of way of North Madison Street to its intersection with the center line of the right of way of the east-west line of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc.; run thence along the center line of the right of way of the east-west line of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc., to its intersection with the center line of the right of way of South Street; run thence in a southerly direction along the center line of the right of way of South Street to its intersection with the center line of the right of way of Augusta Avenue; run thence in an easterly direction along the center line of the right of way of Augusta Avenue to its intersection with the center line of the right of way of Orange Street; run thence south along the center line of the right of way of Orange Street to its intersection with the southerly margin of the right of way of Pinetree Boulevard. All property within the limits of the City of Thomasville which lies east of the line described above and all property within
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the limits of the City of Thomasville due east of a line created by extending in a northerly direction the northern terminus of the line described above, and all property within the limits of the City of Thomasville which lies due east of a line created by extending in the southerly direction the southern terminus of the line described above shall be deemed to lie within Education District No. 2 for the purposes of this legislation. Section 3. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) The provisions of this Act shall be implemented commencing with the opening of qualification of candidates for election at the general municipal election to be held in December of 1987. If for any reason the implementation of this Act at such time is prohibited under the federal Voting Rights Act of 1965, as amended, this Act shall at such time be repealed in its entirety and shall be void. 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 1987 session of the General Assembly of Georgia a bill ro amend an Act relating to the board of education of the independent school district of the City of Thomasville, approved November 30, 1900 (Ga. L. 1900, p. 451), as amended; to provide for related matter; or repeal conflicting laws; and for other purposes. This 15th day of January, 1987. BOARD OF EDUCATION FOR THE CITY OF THOMASVILLE GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Allen Sherrod, who, on oath, deposes and says that he is Representative from the 143rd
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District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Enterprise which is the official organ of Thomas County, on the following date: January 24, 1987. /s/ Allen Sherrod Representative, 143rd District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 27, 1987. CITY OF THOMASVILLE BOARD OF COMMISSIONERS; CREATION; ELECTIONS; DISTRICTS. No. 89 (House Bill No. 574). AN ACT To amend the charter of the City of Thomasville as established by an Act approved October 3, 1889 (Ga. L. 1888-89, p. 854), as amended, particularly by an Act approved March 15, 1943 (Ga. L. 1943, p. 1601) and an Act approved April 12, 1963 (Ga. L. 1963, p. 3374), so as to change the composition and method of election of the governing authority of the City of Thomasville; to provide for a board of commissioners as the governing authority of the city; to provide for districts from and by which the members of the board of commissioners shall be elected; to provide for the qualifications, terms of office, election, and service of commissioners; to provide for the continuation in office of
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previous commissioners until the expiration of their terms; to provide for the governing authority elected pursuant to this Act as the successor to the governing authority elected under prior law; to provide for other 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 City of Thomasville as established by an Act approved October 3, 1889 (Ga. L. 1888-89, p. 854), as amended, particularly by an Act approved March 15, 1943 (Ga. L. 1943, p. 1601) and an Act approved April 12, 1963 (Ga. L. 1963, p. 3374), is amended by striking from said charter that portion thereof contained in Section 4 of said amendatory Act of 1943, as amended by said amendatory Act of 1963, which language to be stricken reads as follows: Section 4: Be it further enacted that general elections shall be held for the election of commissioners on the first Tuesday in December of each odd calendar year; henceforth the citizens elected to the board of commissioners shall be chosen to fill one of five distinct and designated posts. There shall be five consecutively numbered posts to be filled, to-wit: post number one, two, three, four and five. These posts shall be arbitrary designations and shall have no reference to political or geographical subdivisions of the city. Each candidate at the time of requesting that his or her name be placed on the ballot shall plainly indicate the post to which he seeks election. At the general election held in the year 1963 there shall be chosen a candidate to fill each of the posts numbered one and two and they shall be elected for a term of four years, to begin on January 1, 1964 and to continue until their successors are elected and qualified, and there shall also be elected at the general election held in 1963 a candidate to fill post number five, who shall be elected for a term of two years beginning January 1, 1964 and to continue until his successor is elected and qualified. At the general election to be held in the year 1965 there shall be elected a candidate to fill each of the posts numbered three and four who shall be elected for a term of four years, to begin on January 1, 1966 and to continue until their successors are elected and qualified, and there shall also be elected
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at the general election held in 1965 a candidate to fill post number five, who shall be elected for a term of two years beginning January 1, 1966 and to continue until his successor is elected and qualified. It is the purpose and intent of this Act that there shall always be five (5) commissioners duly elected to serve on said board; their elections, the post in which they serve, and the duration of their terms to be determined by a continuation of the pattern, as set out hereinabove, at each successive general election. Said elections shall be held under the supervision and control of the board of commissioners of said city and under the laws now of force for holding elections for members of the board of commissioners or formerly for mayor and aldermen for said city. The returns for said elections shall be made to said board of commissioners who shall declare the results thereof. In the event that at these general elections no candidate shall receive a simple majority of the votes cast for persons seeking election to the same designated post, then and in that event, a new run-off election shall be called by the board of commissioners to be held on the second Tuesday in December immediately following the general election. At this election it shall be determined which of the two candidates receiving the highest number of votes, among those candidates seeking election to the same designated posts shall be elected to serve in such posts. In the event that a run-off election should result in a tie vote, a new election shall be called by the board of commissioners to determine which of these candidates shall be elected. All citizens of the City of Thomasville who have registered and have been qualified as registered voters of said City of Thomasville in accordance with the Act of the General Assembly of the State of Georgia for 1931, page 992 et seq. shall be eligible to vote in such general elections. Provided: that, all such elections shall be held at one voting precinct at the city hall in said city, at which all voters therein shall cast their ballots. Section 2. Said charter is further amended by inserting in place of the portion stricken by Section 1 of this Act a new Section 4 of said amendatory Act of 1943 to read as follows:
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Section 4. Be it further enacted as follows: (a) The governing authority of the City of Thomasville shall be a five-member board of commissioners. The governing authority elected under this section shall in all respects be a successor to and continuation of the governing authority provided for under prior law. General municipal elections for the election of commissioners shall be held on the first Tuesday in December of 1987 and biennially thereafter on the second Tuesday in December of each odd-numbered year. (b) The commissioners in office on the effective date of this section shall continue to serve for the remainder of the terms for which they were elected and until their successors are elected and qualified, such commissioners and the expiration of their terms of office being as follows: (1) Ben Hatcher, term expiring December 31, 1987; (2) Mary Scott, term expiring December 31, 1987; (3) Len Powell, term expiring December 31, 1989; (4) Harry Tomlinson, term expiring December 31, 1989; and (5) Earl Williams, term expiring December 31, 1987. (c) Successors to the commissioners in office on the effective date of this section and future successors shall be elected as follows: Two members shall be elected from and by the voters of Commissioner District No. 1 and these commissioners shall be designated as representing Commissioner District No. 1, Post 1 and Commissioner District No. 1, Post 2. Two commissioners shall be elected from and by the voters of Commissioner District No. 2 and these commissioners shall be designated as representing Commissioner District No. 2, Post 1 and Commissioner District No. 2, Post 2. One member shall be elected from and by the voters of the City of Thomasville at large and this commissioner shall be designated as the commissioner at large. For purposes of facilitating an orderly transition, each of the current commissioners shall be designated as occupying one of these positions and shall be succeeded in such position as follows:
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(1) Commissioner District No. 1, Post 1, Ben Hatcher, successors to be elected at the general municipal election in 1987 and quadrennially thereafter; (2) Commissioner District No. 2, Post 1, Mary Scott, successors to be elected at the general municipal election in 1987 and quadrennially thereafter; (3) Commissioner at large, Len Powell, successors to be elected at the general municipal election in 1989 and quadrennially thereafter; (4) Commissioner District No. 1, Post 2, Earl Williams, a successor to be elected at the general municipal election in 1987 and future successors to be elected at the general municipal election in 1989 and quadrennially thereafter; and (5) Commissioner District No. 2, Post 2, Harry Tomlinson, successors to be elected at the general municipal election in 1989 and quadrennially thereafter. (d) Except for the commissioner elected to represent Commissioner District No. 1, Post 2, at the general municipal election in 1987, all commissioners elected pursuant to this section 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. The commissioner elected at the general municipal election in 1987 to represent Commissioner District No. 1, Post 2, shall take office January 1, 1988, and shall serve for a term of two years and until his successor is elected and qualified; and thereafter commissioners to represent Commissioner District No. 1, Post 2, 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. A successor to each commissioner shall be elected at the general municipal election next preceding the expiration of a term of office. (e) Commissioners elected to represent Commissioner District No. 1 shall be elected only by the qualified voters of the City of Thomasville residing within Commissioner
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District No. 1; and commissioners elected to represent Commissioner District No. 2 shall be elected only by the qualified voters of the City of Thomasville residing within Commissioner District No. 2. Commissioners at large shall be elected by all the qualified voters of the City of Thomasville. Each candidate for election to the board of commissioners shall, in the manner provided by Section 21-3-93 of the O.C.G.A., clearly designate the specific office he is seeking. No candidate shall be elected to the office of commissioner unless such candidate shall have received a majority of the votes cast to fill such office. (f) In order to be eligible for election as a commissioner to represent Commissioner District No. 1, a candidate must, in addition to all other requirements imposed by law, be a resident of Commissioner District No. 1; and if a commissioner representing Commissioner District No. 1 removes his residence from Commissioner District No. 1, his office shall be immediately vacated as provided by Section 45-5-1 of the O.C.G.A. In order to be eligible for election as a commissioner to represent Commissioner District No. 2, a candidate must, in addition to all other requirements imposed by law, be a resident of Commissioner District No. 2; and if a commissioner representing Commissioner District No. 2 removes his residence from Commissioner District No. 2, his office shall be immediately vacated as provided by Section 45-5-1 of the O.C.G.A. If any commissioner removes his residence from the City of Thomasville, his office shall be immediately vacated as provided by Section 45-5-1 of the O.C.G.A. (g) For purposes of electing members of the board of commissioners, the City of Thomasville is divided into two commissioner districts as follows: Commissioner District No. 1 All that portion of the City of Thomasville which lies west of a line through the approximate center of the City of Thomasville, said line being more particularly described as follows: For a point of beginning commence at the intersection of the northerly margin of the right of way of Pinetree Boulevard and the center line of the right of way of the former Seaboard Coast Line Railroad,
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now CSX Transportation, Inc., and run south along the center line of the right of way of said railroad to its intersection with the center line of the right of way of North Madison Street; run thence in a southeasterly direction along the center line of the right of way of North Madison Street to its intersection with the center line of the right of way of the east-west line of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc.; run thence along the center line of the right of way of the east-west line of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc., to its intersection with the center line of the right of way of South Street; run thence in a southerly direction along the center line of the right of way of South Street to its intersection with the center line of the right of way of Augusta Avenue; run thence in an easterly direction along the center line of the right of way of Augusta Avenue to its intersection with the center line of the right of way of Orange Street; run thence south along the center line of the right of way of Orange Street to its intersection with the southerly margin of the right of way of Pinetree Boulevard. All property within the limits of the City of Thomasville which lies west of the line described above and all property within the limits of the City of Thomasville due west of a line created by extending in a northerly direction the northern terminus of the line described above, and all property within the limits of the City of Thomasville which lies due west of a line created by extending in the southerly direction the southern terminus of the line described above shall be deemed to lie within Commissioner District No. 1 for the purposes of this legislation. Commissioner District No. 2 All that portion of the City of Thomasville which lies east of a line through the approximate center of the City of Thomasville, said line being more particularly described as follows: For a point of beginning commence at the intersection of the northerly margin of the right of way of Pinetree Boulevard and the center line of the right of way of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc., and run south along the center line of the right of way of said railroad to its intersection
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with the center line of the right of way of North Madison Street; run thence in a southeasterly direction along the center line of the right of way of North Madison Street to its intersection with the center line of the right of way of the east-west line of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc.; run thence along the center line of the right of way of the east-west line of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc., to its intersection with the center line of the right of way of South Street; run thence in a southerly direction along the center line of the right of way of South Street to its intersection with the center line of the right of way of Augusta Avenue; run thence in an easterly direction along the center line of the right of way of Augusta Avenue to its intersection with the center line of the right of way of Orange Street; run thence south along the center line of the right of way of Orange Street to its intersection with the southerly margin of the right of way of Pinetree Boulevard. All property within the limits of the City of Thomasville which lies east of the line described above and all property within the limits of the City of Thomasville due east of a line created by extending in a northerly direction the northern terminus of the line described above, and all property within the limits of the City of Thomasville which lies due east of a line created by extending in the southerly direction the southern terminus of the line described above shall be deemed to lie within Commissioner District No. 2 for the purposes of this legislation. Section 3. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) The provisions of this Act shall be implemented commencing with the opening of qualification of candidates for election at the general municipal election to be held in December of 1987. If for any reason the implementation of this Act at such time is prohibited under the federal Voting Rights Act of 1965, as amended, this Act shall at such time be repealed in its entirety and shall be void. Section 4. All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend the Charter of the City of Thomasville as established by an Act approved October 3, 1889 (Ga. L. 1888-89, p. 854) as amended, particularly by an Act approved March 15, 1943 (Ga. L. 1943, P. 1601) and an Act approved April 12, 1963 (Ga. L. 1963, p. 3374), so as to change the composition and method of election of the governing authority of the City of Thomasville; to provide for a Board of Commissioners as the governing authority of the city; to provide for districts from and by which the members of the Board of Commissioners shall be elected; to provide for the qualifications, terms of office, election, and service of commissioners; to provide for the continuation in office of previous commissioners until the expiration of their terms; to provide for the governing authority elected pursuant to this Act as the successor the governing authority elected under prior law; to provide for other related matters; to repeal conflicting laws; and for other purposes. A copy of the proposed legislation is available for review by the public at the office of the City Clerk/Treasurer, 144 East Jackson Street, Thomasville, Georgia. This 16th day of January, 1987. s/WILLIAM C. SANDERS City Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Allen Sherrod, who, on oath, deposes and says that he is Representative from the 143rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Enterprise which is the official organ of Thomas County, on the following date: January 24, 1987. /s/ Allen Sherrod Representative, 143rd District
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Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 27, 1987. SPALDING COUNTY ORDINANCES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 90 (Senate Bill No. 240). 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 Spalding County to enact ordinances and regulations, including, but not limited to, traffic regulations and garbage and solid waste disposal regulations for the policing and governing of the unincorporated areas of the county (Res. Act No. 93; S.R. 356; Ga. L. 1978, p. 2315); 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 Spalding County to enact ordinances and regulations, including, but not limited to, traffic regulations and garbage and solid waste disposal regulations for the policing and governing of the unincorporated areas of the county (Res. Act No. 93; S.R. 356; Ga. L. 1978, p. 2315) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the
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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 1987 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 (Ga. L. 1978, p. 2315) authorizing the governing authority of Spalding County to adopt ordinances and regulations, including traffic regulations and garbage and solid waste disposal regulations, and to adopt ordinances for the governing and policing of the unincorporated areas of the County; and for other purposes; to provide the authority for this Act; to repeal conflicting laws and for other purposes. This 22nd day of December, 1986. MAUREEN C. JACKSON, as Clerk of the Board of Commissioners of Spalding County, Georgia December 29, 1986. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur B. Edge IV, 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
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News which is the official organ of Spalding County, on the following date: December 29, 1986. /s/ Arthur B. Edge IV Senator, 28th District Sworn to and subscribed before me, this 28th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved February 27, 1987. SPALDING COUNTY FIRE PROTECTION DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 91 (Senate Bill No. 241). 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 establishment of fire protection districts in Spalding County and for the levy of taxes and the issuance of bonds in addition to the maximum debt limitations of a county (Res. Act No. 229; H.R. 592-1241; Ga. L. 1968, p. 1704); 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 establishment of fire protection districts in Spalding County
3692
and for the levy of taxes and the issuance of bonds in addition to the maximum debt limitations of a county (Res. Act No. 229; H.R. 592-1241; Ga. L. 1968, p. 1704) 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 1987 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 (Ga. L. 1968, p. 1704) providing for the establishment, administration and maintenance of fire protection districts in Spalding County, providing for the levy of taxes in connection therewith with no exemptions from taxation, providing for the issuance of bonds in addition to the maximum debt limitations of the county, and for other purposes; to provide the authority for this Act; to repeal conflicting laws and for other purposes. This 22nd day of December, 1986. MAUREEN C. JACKSON, as Clerk of the Board of Commissioners of Spalding County, Georgia December 29, 1986. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur B. Edge IV, who,
3693
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: December 29, 1986. /s/ Arthur B. Edge IV Senator, 28th District Sworn to and subscribed before me, this 28th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved February 27, 1987. SPALDING COUNTY BUSINESS LICENSES IN UNINCORPORATED AREAS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 92 (Senate Bill No. 242). 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 Spalding County to license and regulate businesses and levy a license fee on businesses in the unincorporated areas of Spalding County except those businesses regulated by the Public Service Commission and to otherwise regulate and exercise police powers over businesses operated within the unincorporated areas of the county (Res. Act No. 170; S.R. 342; Ga. L. 1976, p. 1771); to provide the
3694
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 Spalding County to license and regulate businesses and levy a license fee on businesses in the unincorporated areas of Spalding County except those businesses regulated by the Public Service Commission and to otherwise regulate and exercise police powers over businesses operated within the unincorporated areas of the county (Res. Act No. 170; S.R. 342; Ga. L. 1976, p. 1771) 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 1987 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 (Ga. L. 1976, p. 1771) authorizing the Board of Commissioners of Spalding County to license and regulate businesses and levy license fees and to exercise police powers relating to businesses in the unincorporated ureas of Spalding County, and for other purposes; to provide the authority for this Act; to repeal conflicting laws and for other purposes.
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This 22nd day of December, 1986. MAUREEN C. JACKSON, as Clerk of the Board of Commissioners of Spalding County, Georgia December 29, 1986. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur B. Edge IV, 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: December 29, 1986. /s/ Arthur B. Edge IV Senator, 28th District Sworn to and subscribed before me, this 28th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved February 27, 1987.
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SPALDING COUNTY SALES AND USE TAX; BONDS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 93 (Senate Bill No. 243). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Spalding County to levy a one percent retail sales and use tax on sales and uses within the county to provide funds for the financing of public facilities and to authorize Spalding County and the Griffin-Spalding County School System to issue general obligation bonds without a referendum election under certain conditions (Res. Act No. 184; H.R. 823; Ga. L. 1982, p. 2677); 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 Spalding County to levy a one percent retail sales and use tax on sales and uses within the county to provide funds for the financing of public facilities and to authorize Spalding county and the Griffin-Spalding County School System to issue general obligation bonds without a referendum election under certain conditions (Res. Act No. 184; H.R. 823; Ga. L. 1982, p. 2677) 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
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Notice is hereby given that there will be introduced at the regular 1987 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 (Ga. L. 1982, p. 2677) declaring the construction of certaing public facilities in Spalding County an essential governmental function, authorizing Spalding County to levy a 1% sales and use tax, authorizing Spalding County and the Griffin-Spalding County School System to issue general obligation bonds, and for other purposes; to provide the authority for this Act; to repeal conflicting laws and foc other purposes. This 22nd day of December, 1986. MAUREEN C. JACKSON, as Clerk of the Board of Commissioners of Spalding County, Georgia December 29, 1986. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur B. Edge IV, 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: December 29, 1986. /s/ Arthur B. Edge IV Senator, 28th District Sworn to and subscribed before me, this 28th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved February 27, 1987.
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LEE COUNTY BUSINESS LICENSE FEES AND OCCUPATIONAL TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 94 (Senate Bill No. 298). 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 Lee County, for regulatory and revenue purposes, to levy, assess, and collect license fees and occupational taxes on businesses within that portion of Lee County located outside of any incorported municipalities, except businesses which are subject to regulation by the State Public Service Commission and authorizing the governing authority to adopt rules and regulations and enforce the payment of such license fees and taxes by providing penalties (Res. Act No. 256; H. R. No. 634-1485; Ga. L. 1972, p. 1560); 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 Lee County, for regulatory and revenue purposes, to levy, assess, and collect license fees and occupational taxes on businesses within that portion of Lee County located outside of any incorporated municipalities, except businesses which are subject to regulation by the State Public Service Commission and authorizing the governing authority to adopt rules and regulations and enforce the payment of such license fees and taxes by providing penalties (Res. Act No. 256; H. R. No. 634-1485; Ga. L. 1972, p. 1560) 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.
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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 1987 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 Lee County, for regulatory and revenue purposes, to levy, assess, and collect fees and occupatinal taxes on business within that portion of Lee County located outside of any incorporated municipalities, except businesses which are subject to regulation by the State Public Service Commission and authorizing the governing authority to adopt rules and regulations and enforce the payments of such license fees and taxes by providing penalties (Res. Act. No. 256; H.R. 634-1485; Ga. L. 1972, p. 1560); and other purposes. This 3rd day of February, 1987. William E. Cannon County Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lewis H. McKenzie, who, 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 Lee County Ledger which is the official organ of Lee County, on the following date: February 5, 1987. /s/ Lewis H. McKenzie Senator, 14th District
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Sworn to and subscribed before me, this 9th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved February 27, 1987. JONES COUNTY MAGISTRATE COURT; JUDGE OF THE PROBATE COURT TO SERVE AS CHIEF MAGISTRATE; COMPENSATION; MAGISTRATES AND PERSONNEL. No. 95 (House Bill No. 386). AN ACT To amend an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Jones County, approved March 14, 1983 (Ga. L. 1983, p. 4081), so as to provide that the judge of the Probate Court of Jones County shall serve as chief magistrate of the Magistrate Court of Jones County; to provide for the term, filling of vacancies, and compensation of the chief magistrate; to provide for cost-of-living increases in compensation for the chief magistrate, magistrates, and court personnel; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Jones County, approved March 14, 1983 (G. L. 1983, p. 4081), is amended by striking in their entirety subsections (a) and (b) of Section 2 and inserting in their place new subsections (a) and (b) to read as follows:
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(a) The judge of the Probate Court of Jones County shall serve as chief magistrate of the Magistrate Court of Jones County. There shall be no separate election for the office of chief magistrate. The term of the chief magistrate shall be concurrent with the term of the judge of the probate court. (b) Other magistrates for the court shall be appointed by the chief magistrate of the Magistrate Court of Jones County for terms which expire on the date that the term of office of the chief magistrate expires. The chief magistrate shall not appoint more than four magistrates for said magistrate court. Section 2. Said Act is further amended by striking in its entirety subsection (a) of Section 3 and inserting in its place a new subsection (a) to read as follows: (a) In the event of a vacancy in the office of chief magistrate of the Magistrate Court of Jones County, the person assuming the position of judge of the probate court shall additionally assume the position of chief magistrate. Section 3. 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. (a) The judge of the probate court, for services as chief magistrate, shall receive an annual salary of not less than $10,000.00 which shall be paid in equal monthly installments or equal semimonthly installments, as determined by the governing authority of Jones County, from the funds of such county. (b) The governing authority of Jones County shall fix the salaries of the other magistrates and the compensation of the clerk of the court, the constables, and other court personnel. Such salaries or other compensation shall be not less than the minimum wage, and such court officers and personnel shall be entitled to other benefits provided for county employees. (c) On and after January 1, 1987, when the governing authority of Jones County grants a cost-of-living increase
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in the compensation of county employees, the average percentage by which the compensation of county employees is increased shall be applied to the then current salary of the chief magistrate, the other magistrates, the clerk, the constables, and other court personnel, and the salary of the chief magistrate, the other magistrates, the clerk, the constables, and other court personnel shall be increased by such average percentage. 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 1987 session of the General Assembly of Georgia a bill to amend an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Jones County, approved March 14, 1983 (Ga. L. 1983, p. 4081); and for other purposes. This 19th day of January, 1987. Kenneth W. 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 Jones County News which is the official organ of Jones County, on the following date: January 22, 1987. /s/ Kenneth W. Birdsong Representative, 104th District
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Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 27, 1987. FULTON COUNTY RETIREMENT AND PENSION FUND FOR COUNTY AND SCHOOL SYSTEM EMPLOYEES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 96 (House Bill No. 236). 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. 39) which relates to the authorization of the General Assembly to enact laws authorizing Fulton County and the governing authorities of the schools of said county to create a retirement and pension fund and a system of retirement pay for county and county school employees 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. 39), which relates to the authorization of the General Assembly to enact laws authorizing Fulton County and the governing authorities of the schools of said county to create a retirement and pension fund and a system of retirement pay for county employees and for county school employees and to levy taxes for that purpose, and authorizing the said county and the said
3704
county school authorities to enact laws, rules and regulations for the qualifications of such employees for benefits from such 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 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 (Ga. L. 1939, p. 39) which relates to the authorization of the General Assembly to enact laws authorizing Fulton County and the governing authorities of the schools of said county to create a retirement and pension fund and a system of retirement pay for county and county school employees of Fulton County; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 22nd day of December, 1986. RICHARD (SCRAP) WHEELER Fulton County Board of Education Legislative Liasion 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
3705
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 23rd days of December, 1986. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me this 14th day of January, 1987. /s/ Kathy R. Pines Notary Public, Georgia, State at Large My Commission Expires May 7, 1989 (SEAL) Approved February 27, 1987. MORGAN COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 97 (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. 248 (Senate Resolution No. 140) of the 1962 General Assembly (Ga. L. 1962, p. 1182) and which was duly ratified at the 1962 general election and which relates to the creation of the Morgan 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:
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Section 1. That constitutional amendment which was proposed by Resolution Act No. 248 (Senate Resolution No. 140) of the 1962 General Assembly (Ga. L. 1962, p. 1182) and which was duly ratified at the 1962 general election and which relates to the creation of the Morgan 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 1987 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. 248 (Senate Resolution No. 140) of the 1962 General Assembly (Ga. L. 1962, p. 1182) and which was duly ratified at the 1962 general election and which relates to the creation of the Morgan County Development Authority; and for other purposes. This 26th day of January, 1987. S/William B. Cochran Chairman Morgan County Board of Commissioners 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
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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 29, 1987. /s/ Frank E. Stancil Representative, 66th District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 27, 1987. WHITFIELD COUNTY BOARD OF EDUCATION; SCHOOL SUPERINTENDENT; ELECTIONS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 98 (House Bill No. 682). 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 division of Whitfield County into school districts and for the election of members of the County Board of Education from such districts and providing for the election of the County School Superintendent of Whitfield County by the County Board of Education (Res. Act No. 160; H.R. 483-1200; Ga. L. 1964, p. 978); to provide the authority for this Act; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment providing for the division of Whitfield County into school districts and for the election of members of the County Board of Education from such districts and providing for the election of the County School Superintendent of Whitfield County by the County Board of Education (Res. Act No. 160; H.R. 483-1200; Ga. L. 1964, p. 978) 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 1987 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 the division of Whitfield County into school districts and for the election of members of the County Board of Education from such districts and providing for the election of the County School Superintendent of Whitfield County by the County Board of Education (Res. Act No. 160; H.R. 483-1200; Ga. L. 1964, p. 978); and for other purposes. This 12th day of January, 1987. Phil Foster Jim Griffin Tom Ramsey GEORGIA, FULTON COUNTY
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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Philip A. Foster, 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 Citizen-News which is the official organ of Whitfield County, on the following date: January 16, 1987. /s/ Philip A. Foster Representative, 6th District Sworn to and subscribed before me, this 5th day of February, 1987. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved February 27, 1987. CITY OF DALTON HOMESTEAD EXEMPTION; RESIDENTS 62 OR OLDER; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 99 (House Bill No. 683). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment granting a $10,000.00 homestead exemption from municipal ad valorem taxation to each resident of the City of Dalton who is 62 years of age or over or is totally disabled and who meets certain income qualifications (1980 Resolution Act No. 231; Ga. L. 1980, p. 2223); to provide the authority for this Act; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment granting a $10,000.00 homestead exemption from municipal ad valorem taxation to each resident of the City of Dalton who is 62 years of age or over or is totally disabled and who meets certain income qualifications (1980 Resolution Act No. 231; Ga. L. 1980, p. 2223) 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 1987 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 granting a $10,000 homestead exemption from municipal ad valorem taxation to each resident of the City of Dalton who is 62 years of age or over or is totally disabled and who meets certain income qualifications (1980 Resolution Act No. 231; Ga L. 1980, p. 2223); to provide for related matters; to repeal conflicting laws, and for other purposes. This 12th day of January, 1987. Phil Foster Jim Griffin GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Philip A. Foster, who, on
3711
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 16, 1987. /s/ Philip A. Foster Representative, 6th District Sworn to and subscribed before me, this 5th day of February, 1987. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved February 27, 1987. WHITFIELD COUNTY HOMESTEAD EXEMPTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 100 (House Bill No. 684). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment increasing the amount of the homestead exemption from ad valorem taxation of each resident of Whitfield County to $10,000.00 from $2,000.00 for the purposes of all Whitfield County taxes, except Whitfield County school district taxes and taxes to retire bonded indebtedness (1982 Resolution Act No. 145; Ga. L. 1982, p. 2576); to provide the authority for this Act; to repeal conflicting laws; and for other purposes.
3712
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment increasing the amount of the homestead exemption from ad valorem taxation of each resident of Whitfield County to $10,000.00 from $2,000.00 for the purposes of all Whitfield County taxes, except Whitfield County school district taxes and taxes to retire bonded indebtedness (1982 Resolution Act No. 145; Ga. L. 1982, p. 2576) 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 1987 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 increasing the amount of the homestead exemption from ad valorem taxation of each resident of Whitfield County to $10,000.00 from $2,000.00 for the purposes of all Whitfield County taxes, except Whitfield County school district taxes and taxes to retire bonded indebtedness (1982 Resolution Act No. 145, Ga. L. 1982, p. 2576); to provide for related matters; to repeal conflicting laws; and for other purposes. This 12th day of January, 1987. Phil Foster Jim Griffin GEORGIA, FULTON COUNTY
3713
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Philip A. Foster, 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 Citizen-News which is the official organ of Whitfield County, on the following date: January 16, 1987. /s/ Philip A. Foster Representative, 6th District Sworn to and subscribed before me, this 5th day of February, 1987. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved February 27, 1987. COLLEGE PARK BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 101 (House Bill No. 697). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the College Park Business and Industrial Development Authority (Res. Act No. 168; S.R. 348; Ga. L. 1980, p. 2071); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
3714
Section 1. That constitutional amendment creating the College Park Business and Industrial Development Authority (Res. Act No. 168; S.R. 348; Ga. L. 1980, p. 2071) 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 APPLY FOR LOCAL LEGISLATION Notice is hereby given that the City of College Park, Georgia, intends to apply for the passage of local legislation in the 1987 Regular Session of the General Assembly of Georgia, which convenes January 12, 1987, the title of the Bill to be introduced shall be as follows: AN ACT TO PROVIDE FOR THE CONTINUATION OF AN ACT ESTABLISHING THE COLLEGE PARK BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY (Ga. Laws 1980, p. 2071) and Ratified by the 1980 General Election and for other Purposes. This 28th day of January, 1987. CITY OF COLLEGE PARK GEORGIA GEORGE E. GLAZE Attorney for City of College Park Georgia PUBLISHER'S AFFIDAVIT STATE OF GEORGIA.County of Fulton.
3715
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 30th days of JANUARY, 1987. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me this 3RD day of FEBRUARY, 1987. /s/ Angela Malone Miller Notary Public, Fulton County, Georgia My Commission Expires Jan. 14, 1991 (SEAL) Approved February 27, 1987. PUTNAM COUNTY TAX COLLECTOR; COMPENSATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 102 (House Bill No. 747). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment setting the compensation for the Putnam County Tax Collector (Res. Act No. 224; H.R. 528-1005; Ga. L. 1962, p. 1101); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
3716
Section 1. That constitutional amendment setting the compensation for the Putnam County Tax Collector (Res. Act No. 224; H.R. 528-1005; Ga. L. 1962, p. 1101) 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 1987 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 setting the compensation for the Putnam County Tax Collector (Res. Act. No. 224; H.R. 528-1005; Ga. L. 1962, p. 1101); and for other purposes. This 31 day of Jan. 1987. Honorable George F. Green Representative, 106th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George F. Green, 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: February 5, 1987. /s/ George F. Green Representative, 106th District
3717
Sworn to and subscribed before me, this 10th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 27, 1987. CITY OF DOERUN BONDS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 103 (House Bill No. 760). 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 Doerum to issue bonds without a vote of the people to refund its present or any future bonded indebtedness legally incurred that may be or become unpaid, provided that the funds raised from the refunding bonds shall be used exclusively for the retirement of the existing bonded indebtedness (Res. Act No. 26; Ga. L. 1941, p. 73); 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 Doerun to issue bonds without a vote of the people to refund its present or any future bonded indebtedness legally incurred that may be or become unpaid, provided that the funds raised from the refunding bonds shall be used exclusively for the retirement of the existing bonded
3718
indebtedness (Res. Act No. 26; Ga. L. 1941, p. 73) 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 1987 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 Doerun to issue bonds without a vote of the people to refund its present or any future bonded indebtedness legally incurred that may be or become unpaid, provided that the funds raised from the refunding bonds shall be used exclusively for the retirement of the existing bonded indebtedness (Res. Act No. 26; Ga. L. 1941, p. 73); and for other purposes. This 2nd day of February, 1987. Marie G. Saunders Clerk, City of Doerun 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 Weekly Moultrie Observer which is the official organ of Colquitt County, on the following date: February 4, 1987.
3719
/s/ A. Richard Royal Representative, 144th District Sworn to and subscribed before me, this 9th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 27, 1987. CITY OF BRUNSWICK DOWNTOWN BRUNSWICK; DISTRICT; TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 104 (House Bill No. 762). 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 body of the City of Brunswick to levy an annual ad valorem tax upon the taxable real property located in that district and area within said city described as Downtown Brunswick to be used in assisting and promoting the economic development of the central business district and to that end to acquire by lease or purchase property in the area (Res. Act No. 103; H.R. 243-517; Ga. L. 1966, p. 929); 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 body of the City of Brunswick to levy an annual ad
3720
valorem tax upon the taxable real property located in that district and area within said city described as Downtown Brunswick to be used in assisting and promoting the economic development of the central business district and to that end to acquire by lease or purchase property in the area (Res. Act No. 103; H.R. 243-517; Ga. L. 1966, p. 929) 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 Pursuant to the provisions of Section 28-1-14 of the Official Code of Georgia Annotated, notice is hereby given of intent to introduce in the 1987 Regular 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 set forth in Georgia Laws 1966 at page 929 et sequitur authorizing the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable real property located in that district and area within said city described as Downtown Brunswick to be used in assisting and promoting the economic improvement and development of said central business district, and to that end to acquire by lease or purchase property in such area, and for the installation, construction or reconstruction and maintenance therein and thereon of streets, parks, pedestrain malls and plazas, and playgrounds, offstreet parking facilities, public parking areas and public parking facilities, and the relocation of any of the same, and other improvements and facilities useful or desirable in connection therewith; defining the district and area to be known as Downtown Brunswick, limiting such tax millage and providing for
3721
powers, authority, funds, purposes and procedure connected therewith; and for other purposes. Dated this 5th day of February, 1987. HOMER L. WILSON CITY MANAGER CITY OF BRUNSWICK, GEORGIA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virginia P. Ramsey, who, on oath, deposes and says that she is Representative from the 155th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following date: February 6, 1987. /s/ Virginia P. Ramsey Representative, 155th District Sworn to and subscribed before me, this 9th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 27, 1987.
3722
PAULDING COUNTY COURTHOUSE; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 105 (House Bill No. 785). 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 Paulding County to enter into 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. 185; House Resolution No. 776-1959; Ga. L. 1976, p. 1817); 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 Paulding County to enter into 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. 185; House Resolution No. 776-1959; Ga. L. 1976, p. 1817) 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
3723
Notice is given that there will be introduced at the regular 1987 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 Paulding County to enter into 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. 185; House Resolution No. 776-1959; Ga. L. 1976, p. 1817); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 3rd day of February, 1987. L. Charles Watts, Representative 41st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Charles 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 5, 1987. /s/ L. Charles Watts Representative, 41st District Sworn to and subscribed before me, this 11th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 27, 1987.
3724
PAULDING COUNTY FIRE PROTECTION DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 106 (House Bill No. 786). 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 law that the governing authority of Paulding County may establish and administer fire protection districts within the bounds of said county and levy taxes or special assessments therefor within such districts under certain conditions and requirements (Resolution Act No. 213; House Resolution No. 692-1616; Ga. L. 1972, p. 1442); 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 law that the governing authority of Paulding County may establish and administer fire protection districts within the bounds of said county and levy taxes or special assessments therefor within such districts under certain conditions and requirements (Resolution Act No. 213; House Resolution No. 692-1616; Ga. L. 1972, p. 1442) 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
3725
Notice is given that there will be introduced at the regular 1987 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 provide by law that the governing authority of Paulding County may establish and administer fire protection districts within the bounds of said county and levy taxes or special assessments therefor within such districts under certain conditions and requirements (Resolution Act No. 213; House Resolution No. 692-1616; Ga. L. 1972, p. 1442); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 3rd day of February, 1987. L. Charles Watts, Representative 41st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Charles 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 5, 1987. /s/ L. Charles Watts Representative, 41st District Sworn to and subscribed before me, this 11th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 27, 1987.
3726
CITY OF DALLAS PARKING AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 107 (House Bill No. 788). 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 Dallas Parking Authority (Resolution Act No. 205; House Resolution No. 644-1500; Ga. L. 1972, p. 1413); 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 Dallas Parking Authority (Resolution Act No. 205; House Resolution No. 644-1500; Ga. L. 1972, p. 1413) 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 1987 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 City of Dallas Parking Authority (Resolution Act No. 205; House Resolution No. 644-1500; Ga. L. 1972, p. 1413); to provide the authority for this Act; to repeal conflicting laws; and for other purposes.
3727
This 3rd day of February, 1987. L. Charles Watts, Representative 41st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Charles 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 5, 1987. /s/ L. Charles Watts Representative, 41st District Sworn to and subscribed before me, this 11th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 27, 1987.
3728
GLYNN COUNTY AD VALOREM TAXATION; HOMESTEADS OF RESIDENTS 62 OR OLDER OR DISABLED; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 108 (House Bill No. 802). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that for the purposes of all ad valorem taxation for Glynn County and the Glynn County school district the assessed value of the homestead of each resident of such county or school district who is sixty-two years of age or over or who is disabled and who has a gross income not exceeding $12,000.00 per annum shall not be increased (Res. Act No. 43; H.R. 283-997; Ga. L. 1979, p. 1849); 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 for the purposes of all ad valorem taxation for Glynn County and the Glynn County school district the assessed value of the homestead of each resident of such county or school district who is sixty-two years of age or over or who is disabled and who has a gross income not exceeding $12,000.00 per annum shall not be increased (Res. Act No. 43; H.R. 283-997; Ga. L. 1979, p. 1849) 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
3729
Pursuant to the provisions of Section 28-1-14 of the Official Code of Georgia Annotated, notice is hereby given of intention to introduce in the 1987 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 freezing the assessment of a homestead for county and county school district ad valorem tax purposes as a specified date for residents who are 60 years of age or over or who are disabled, and whose specified income does not exceed $12,000.00 (Ga. Laws 1979, p. 1849); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 20th day of January, 1987. W. Harold Pate, Chairman BOARD OF COMMISSIONERS, GLYNN COUNTY, GEORGIA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virginia P. Ramsey, who, on oath, deposes and says that she is Representative from the 155th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following date; January 24, 1987. /s/ Virginia P. Ramsey Representative, 155th District Sworn to and subscribed before me, this 11th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 27, 1987.
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CITY OF BARNESVILLE AND COUNTY OF LAMAR DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 109 (House Bill No. 834). 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 Barnesville and County of Lamar Development Authority; providing for the powers, authority, funds, purposes, organization, and procedures connected therewith; providing for the appointment of members; providing for duties and powers of the City of Barnesville and Lamar County with respect to such authority; providing for the issuance and validation of revenue bonds; providing for certain exemptions; and providing for conveyance of certain property of the authority upon dissolution of the authority (Resolution Act No. 2; House Resolution No. 36-43; Ga. L. 1964, Ex. Sess., p. 224, as amended by Resolution Act No. 55; Senate Resolution No. 77; Ga. L. 1977, p. 1565); 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 Barnesville and County of Lamar Development Authority; providing for the powers, authority, funds, purposes, organization, and procedures connected therewith; providing for the appointment of members; providing for duties and powers of the City of Barnesville and Lamar County with respect to such authority; providing for the issuance and validation of revenue bonds; providing for certain exemptions; and providing for conveyance of certain property of the authority upon dissolution of the authority (Resolution Act No. 2; House Resolution No. 36-43; Ga. L. 1964, Ex. Sess., p. 224, as amended by Resolution Act No. 55; Senate Resolution No. 77; Ga. L. 1977, p. 1565) 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.
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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 1987 session of the General Assembly of Georgia, a bill to continue in force and affect as part of the constitution of the state of Georgia that constitutional amendment creating the city of Barnesville and the county of Lamar Development Authority providing for the powers, authorities, funds, purposes, organizations and procedures connected therewith; providing for the appointment of members, providing for duties and powers of the city of Barnesville and Lamar County with respect to such authorities, providing for the issuance and validation of revenue bonds; providing for certain exemption; providing for the conveyance of certain property of the authority upon disillusion of the authority. (Resolution Act no. 2; House resolution no. 36-43; Ga. L. 1964, Ex. Sess., p. 224, as amended by Resolution act no. 59, Senate resolution no. 77; Ga. L. 1977, p. 1565); for other purposes. This 9th day of February, 1987. Larry Smith, representative 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 Barnesville Herald-Gazette which is the official organ of Lamar County, on the following date: February 11, 1987. /s/ Larry Smith Representative, 78th District
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Sworn to and subscribed before me, this 12th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 27, 1987. HANCOCK COUNTY BOARD OF EDUCATION; ELECTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 110 (House Bill No. 855). 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 County Board of Education of Hancock County by the people (Res. Act No. 74; H. R. 183-985a; Ga. L. 1950, p. 460); 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 County Board of Education of Hancock County by the people (Res. Act No. 74; H. R. 183-985a; Ga. L. 1950, p. 460) 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.
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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 1987 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 the election of members of the County Board of Education of Hancock County by the people (Res. Act No. 74; H.R. 183-985a; Ga. L. 1950, p. 460); and for other purposes. This 7 day of February, 1987. -s-George S. Green GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George F. Green, 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 Sparta Ishmaelite which is the official organ of Hancock County, on the following date: February 12, 1987. /s/ George F. Green Representative, 106th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 27, 1987.
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CANDLER COUNTY INDUSTRIAL AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 111 (House Bill No. 857). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Candler County Industrial Authority (Res. Act No. 178; H.R. 592-1147; Ga. L. 1962, p. 922); 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 Candler County Industrial Authority (Res. Act No. 178; H.R. 592-1147; Ga. L. 1962, p. 922) 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 Noice is given that there will be introduced at the regular 1987 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 Candler County Industrial Authority (Res. Act No. 178; H.R. 592-1147; Ga. L. 1962, p. 922); and for other purposes. This 10th day of February, 1987.
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Danny Olliff Counsel for the Candler County Industrial Authority 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 Metter News and Advertiser which is the official organ of Candler County, on the following date: February 11, 1987. /s/ Larry J. Parrish Representative, 109th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 27, 1987.
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FAYETTE COUNTY BOARD OF EDUCATION; ELECTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 112 (House Bill No. 864). 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 the members of the Board of Education of Fayette County by the people (Res. Act No. 145; H.R. 380-774; Ga. L. 1962, p. 795, as amended by Res. Act No. 175; H.R. 518-1042; Ga. L. 1970, p. 979); 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 the members of the Board of Education of Fayette County by the people (Res. Act No. 145; H.R. 380-774; Ga. L. 1962, p. 795, as amended by Res. Act No. 175; H.R. 518-1042; Ga. L. 1970, p. 979) 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 1987 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 the election of the members of the Board of Education of Fayette County
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by the people (Res. Act No. 145; H.R. 380-774; Ga. L. 1962, P. 795, as amended by Res. Act. No. 175; H.R. 518-1042; Ga. L. 1970, p. 979); and for other purposes. This 6th day of February, 1987. B. D. Murphy, III Attorney for the Fayette County School District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Heard, Jr., who, on oath, deposes and says that he is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County, on the following date: February 11, 1987. /s/ Paul W. Heard, Jr. Representative, 43rd District Sworn to and subscribed before me, this 17th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 27, 1987.
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APPLING COUNTY BOARD OF EDUCATION; ELECTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 113 (House Bill No. 895). 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 county board of education of Appling County from school districts and for the terms of office and qualifications of the board members (Res. Act No. 128; H.R. 115-549b; Ga. L. 1952, p. 570); 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 county board of education of Appling County from school districts and for the terms of office and qualifications of the board members (Res. Act No. 128; H.R. 115-549b; Ga. L. 1952, p. 570) 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 1987 session of the General Assembly of Georgia a bill to continue in force and effect as part of the Constitution of the State of
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Georgia that constitutional amendment providing for the election of members of the county board of education of Appling County from school districts for and the terms of office and qualifications of the board members (Res. Act. No. 128; H.R. 115-549b; Ga. L. 1952, p. 570); and for other purposes. This 26 day of January, 1987. James L. Twiggs 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 Baxley News Banner which is the official organ of Appling County, on the following date: January 29, 1987. /s/ Lundsford Moody Representative, 153rd District Sworn to and subscribed before me, this 18th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 27, 1987.
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LAMAR COUNTY BOARD OF EDUCATION; ELECTIONS; DISTRICTS; TERMS; VACANCIES; REFERENDUM. No. 115 (House Bill No. 622). AN ACT To amend an Act providing for the election of members of the Board of Education of Lamar County, approved March 30, 1971 (Ga. L. 1971, p. 2710), so as to provide for the election of the five members of the board; to provide for education districts; to provide for a special election and for subsequent elections; to provide for the election and terms of four members from districts by residents of such districts and one member from the county at large; to provide for residence requirements; to provide for vacancies; 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 for the election of members of the Board of Education of Lamar County, approved March 30, 1971 (Ga. L. 1971, p. 2710), 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 Lamar County shall be composed of five members. (b) For the purpose of electing members of the board, Lamar County shall be divided into four education districts as follows: Education District 1: Beginning at a point where the centerline of the city limits of the City of Barnesville, Georgia at its northeastern boundary is intersected by the centerline of the Central of Georgia Railroad; thence southwesterly along said railroad centerline until said centerline is intersected by the centerline of Hall Street; thence north along said
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centerline until same is intersected by the centerline of Washington Street; thence southwest along said centerline until same is intersected by the centerline of Jackson Street; thence southeasterly along said centerline until same is intersected by the centerline of Railroad Street; thence southwesterly along said centerline until same is intersected by the centerline of Mill Street; thence southerly along the centerline of Mill Street until said street becomes known as Main Street; thence continuing along the centerline of Main Street until said street becomes known as Thomaston Street; thence continuing southerly along the centerline of Thomaston Street until said street is intersected by the centerline of Rose Avenue; thence westerly along the centerline of Rose Avenue to a point where said centerline is intersected by the centerline of Georgia Highway No. 7; thence northerly along said centerline until said centerline is intersected by the centerline of Old Zebulon Road (also known within the city limits as Elm Street); thence westerly along said centerline to a point where said centerline is intersected by the westerly city limits of the City of Barnesville, Georgia; thence in a northerly and northeasterly direction along the city limits of the City of Barnesville, Georgia following a curvature thereof to a point where said city limits are intersected by the centerline of Georgia Highway No. 18 (formerly known as Georgia Highway No. 7C); thence north along said centerline until same is intersected by the centerline of U.S. Highway No. 41; thence north along said centerline until same is intersected by the centerline of County Road No. 76; thence east along said centerline until same intersects the centerline of Georgia Highway No. 36; thence east along said centerline until same is intersected by the centerline of County Road No. 246; thence south along said centerline until same is intersected by the northern city limits of the City of Barnesville, Georgia; thence easterly and southeasterly along said city limits following the curvature thereof until reaching the point of beginning. Education District 2: Beginning at a point where the centerline of Chappell Mill Road (County Road No. 211) intersects the Spalding
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County-Lamar County boundary line; thence southeasterly along the centerline of Chappell Mill Road until said centerline intersects Hitching Post Road (County Road No. 123); thence southerly along said centerline of Hitching Post Road until said centerline is intersected by the centerline of High Falls Park Road; thence west along said centerline until same intersects the centerline of Georgia Highway 36; thence west along said centerline until same is intersected by the centerline of the Colonial Pipeline Transmission Easement; thence northwesterly along said centerline until same is intersected by the centerline of Marable Road; thence south along said centerline until same is intersected by the centerline of Liberty Hill Road; thence northwesterly along said centerline until same is intersected by the centerline of County Road No. 116; thence south along said centerline, until same intersects the centerline of Morgan Dairy Road; thence west along said centerline until same is intersected by the centerline of County Road No. 101; thence south along said centerline until same is intersected by the centerline of County Road No. 102; thence west along said centerline until same is intersected by the centerline of the Central of Georgia Railroad right of way; thence south along said centerline until same is intersected by the centerline of Old U.S. Highway 41 (County Road 223); thence southeasterly along said centerline until same is intersected by the centerline of County Road No. 101; thence north along said centerline until same is intersected by the centerline of Edie Creek; thence east along said centerline following the meanderings of said creek until same intersects the centerline of Georgia Highway 36; thence north along said centerline until same is intersected by the centerline of County Road No. 217; thence southeasterly along County Road No. 217 to a point where said centerline is intersected by the centerline of County Road #152; thence southwesterly along the centerline of said road to a point where said centerline is intersected by the centerline of County Road No. 146; thence west along the centerline of said Road to a point where said road is intersected by the centerline of the second or southern-most intersection of County Road No. 159 (there being two intersections with said County Road No. 146); thence
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southwesterly along the centerline of said road until it is intersected by the centerline of County Road #246; thence south along said centerline to a point where said centerline intersects the northern city limits of Barnesville, Georgia; thence in a southeasterly direction following the curvature and changes of the city limits of Barnesville, Georgia until said city limits is intersected by the centerline of the Central of Georgia Railroad; thence southwesterly along said centerline until same is intersected by the centerline of Hall Street; thence north along said centerline until same intersects the centerline of Washington Street; thence west along said centerline until same is intersected by the centerline of Jackson Street; thence south along said centerline until same intersects the centerline of Railroad Street; thence southwest along said centerline until same is intersected by the centerline of Mill Street; thence south along said centerline and continuing as same becomes known as Main Street, and continuing south until same is intersected by the centerline of Forsyth Street; thence east along said centerline until same is intersected by the centerline of College Drive; thence north along said centerline and continuing as this street becomes known as East Street and then becomes known as Railroad Street until the centerline of Railroad Street is intersected by the centerline of Rogers Street; thence south along said centerline until same is intersected by the centerline of Carleeta Street; thence east along said centerline until same is intersected by the centerline of Sims Street; thence south along said centerline until same intersects the centerline of Georgia Highway No. 18; thence in a easterly direction along the centerline of Georgia Highway No. 18 exiting the city limits of Barnesville until said centerline after first existing the City of Barnesville intersects another portion of the city limits of Barnesville; thence northerly, easterly, southerly, westerly, and southerly following this additional portion of the City of Barnesville marked by its city limits until its city limits is intersected by the centerline of Georgia Highway No. 18; thence easterly along the centerline of Georgia Highway No. 18 until said centerline is intersected by the centerline of County Road No. 1 (known as Ramah Church Road); thence south along
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said centerline until same is intersected by the centerline of County Road No. 28; thence west along said centerline until same is intersected by the centerline of Fredonia Church Road; thence southerly along the centerline of Fredonia Church Road until said centerline is intersected by the centerline of Brent Road; thence westerly along the centerline of Brent Road until said centerline is intersected by the centerline of Georgia Highway No. 7; thence northwesterly along the centerline of Georgia Highway 7 to a point where said centerline is intersected by the centerline of County Road No. 168; thence south along the centerline of County Road No. 168 until same is intersected by the centerline of a creek; thence westerly and southwesterly following the centerline of said creek until same is intersected by the centerline of Yatesville Road; thence north along the centerline of Yatesville Road until said centerline is intersected by the centerline of Sudduth Road; thence westerly along the centerline of Sudduth Road until said centerline is intersected by the centerline of a creek; thence south along the centerline of said creek until said centerline is intersected by the centerline of County Road No. 40; thence westerly along said centerline until it is intersected by the centerline of County Road No. 36; thence southerly along said centerline until same is intersected by the centerline of County Road No. 37; thence east along said centerline until same is intersected by the centerline of Yatesville Road; thence north along the centerline of Yatesville Road until said centerline is intersected by the centerline of County Road No. 118; thence southeast along said centerline until same intersects the line dividing Upson County and Lamar County, Georgia; thence easterly along the county line dividing Lamar County, Georgia and Upson County, Georgia to a point at the northeast corner of Upson County, Georgia where same intersects Lamar County, Georgia; thence southerly along the dividing line between Upson County, Georgia and Lamar County, Georgia to the southern point of Lamar County where it adjoins Upson County, Georgia; thence easterly, northerly, easterly and northerly along the county line between Monroe County, Georgia and Lamar County, Georgia to the northeasterly corner of Lamar County, Georgia; thence westerly along the county
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line dividing Lamar County, Georgia and Butts County, Georgia to a point where Lamar County, Georgia and Butts County, Georgia and Spalding County, Georgia intersect; thence southerly along the county line dividing Spalding County, Georgia and Lamar County, Georgia to the point of beginning. Education District 3: Beginning at the intersection of the centerlines of Georgia Highway No. 18 and Main Street in Barnesville, Georgia; thence easterly along the centerline of Georgia Highway No. 18 until same is intersected by the centerline of College Drive; thence north along said centerline and continuing as College Drive becomes known as East Street and then Railroad Street until the centerline of Railroad Street is intersected by the centerline of Rogers Street; thence south along said centerline until same is intersected by the centerline of Carleeta Street; thence east along said centerline until same is intersected by the centerline of Sims Street; thence south along said centerline until same intersects the centerline of Georgia Highway No. 18; thence east along the centerline of Georgia Highway No. 18 exiting the city limits of Barnesville until said centerline after first exiting the City of Barnesville intersects another portion of the city limits of Barnesville; thence northerly, easterly, southerly, westerly, and southerly following this additional portion of the City of Barnesville marked by its city limits until its city limits is intersected by the centerline of Georgia Highway No. 18; thence easterly along the centerline of Georgia Highway No. 18 until said centerline is intersected by the centerline of County Road No. 1 (known as Ramah Church Road); thence south along said centerline until same is intersected by the centerline of County Road No. 28; thence west along said centerline until same is intersected by the centerline of Fredonia Church Road; thence southerly along the centerline of Fredonia Church Road until said centerline is intersected by the centerline of Brent Road; thence westerly along the centerline of Brent Road until said centerline is intersected by the centerline of Georgia Highway No. 7; thence northwesterly along the
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centerline of Georgia Highway 7 to a point where said centerline is intersected by the centerline of County Road No. 168; thence south along the centerline of County Road No. 168 until same is intersected by the centerline of a creek; thence westerly and southwesterly following the centerline of said creek until same is intersected by the centerline of Yatesville Road; thence north along the centerline of Yatesville Road until said centerline is intersected by the centerline of Sudduth Road; thence westerly along the centerline of Sudduth Road until said centerline is intersected by the centerline of a creek; thence south along the centerline of said creek until said centerline is intersected by the centerline of County Road No. 40; thence westerly along said centerline until it is intersected by the centerline of County Road No. 36; thence southerly along said centerline until same is intersected by the centerline of County Road No. 37; thence east along said centerline until same intersects the centerline of Yatesville Road; thence north along said centerline until same is intersected by the centerline of County Road No. 118; thence southeasterly along said centerline until same intersects the line dividing Upson County and Lamar County, Georgia; thence westerly along the county line dividing Lamar County, Georgia and Upson County, Georgia to a point at the southwest corner of Lamar County, Georgia and the southeast corner of Pike County, Georgia; thence north along the dividing line between Pike County and Lamar County, Georgia, following the changes and variations thereof until reaching a point where the centerline of Walker Road (County Road No. 58) intersects said county line; thence southeasterly along the centerline of Walker Road until same is intersected by the centerline of Turner Bridge Road; thence northeasterly along said centerline until same intersects County Road No. 216; thence north along said centerline until same is intersected by the centerline of Georgia Highway No. 18; thence east along said centerline until same is intersected by the centerline of Old Zebulon Road; thence east along said centerline until same is intersected by the western town limits of the Town of Aldora; thence south along said town limits until same intersects the centerline of Georgia Highway No. 18; thence east along said centerline until same becomes known as Rose Avenue;
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thence continuing along the centerline of Rose Avenue until same intersects the centerline of Thomaston Street; thence north along said centerline and continuing until said street becomes known as Main Street; thence continuing along said centerline of Main Street in Barnesville, Georgia until reaching the point of beginning. Education District 4: Beginning at a point where the centerline of Chappell Mill Road (County Road No. 211) intersects the Spalding County-Lamar County boundary line; thence southeasterly along the centerline of Chappell Mill Road until said centerline intersects Hitching Post Road (County Road No. 123); thence southerly along said centerline of Hitching Post Road until said centerline is intersected by the centerline of High Falls Park Road; thence west along said centerline until same intersects the centerline of Georgia Highway 36; thence west along said centerline until same is intersected by the centerline of the Colonial Pipeline Transmission Easement; thence northwesterly along said centerline until same is intersected by the centerline of Marable Road; thence south along said centerline until same is intersected by the centerline of Liberty Hill Road; thence northwesterly along said centerline until same is intersected by the centerline of County Road No. 116; thence south along said centerline until same intersects the centerline of Morgan Dairy Road; thence west along said centerline until same is intersected by the centerline of County Road No. 101; thence south along said centerline until same is intersected by the centerline of County Road No. 102; thence west along said centerline until same is intersected by the centerline of the Central of Georgia Railroad right of way; thence south along said centerline until same is intersected by the centerline of old U.S. Highway 41 (County Road 223); thence southeasterly along said centerline until same is intersected by the centerline of County Road No. 101; thence north along said centerline until same is intersected by the centerline of Edie Creek; thence east along said centerline following the meanderings of said creek until same intersects the centerline of Georgia Highway 36; thence north along said centerline until same is intersected by the
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centerline of County Road No. 217; thence southeasterly along County Road No. 217 to a point where said centerline is intersected by the centerline of County Road #152; thence southwesterly along the centerline of said road to a point where said centerline is intersected by the centerline of County Road No. 146; thence west along the centerline of said Road to a point where said road is intersected by the centerline of the second or southernmost intersection of County Road #159 with said County Road No. 146; thence southwesterly along the centerline of said road until it is intersected by the centerline of County Road #246; thence north along said centerline to a point where said centerline intersects the centerline of Georgia Highway No. 36; thence west along said centerline until same is intersected by the centerline of County Road No. 76; thence west along said centerline until same intersects the centerline of U.S. Highway 41; thence south along said centerline until same is intersected by the centerline of Georgia Highway No. 18 (formerly known as Georgia Highway No. 7C); thence south along said centerline until same intersects the northern city limits of Barnesville, Georgia; thence in southwesterly direction following the curvature and changes of the city limits of Barnesville, Georgia until said city limits is intersected by the centerline of Old Zebulon Road (also known within the city limits as Elm Street); thence east along the centerline of Elm Street until same is intersected by the centerline of U.S. Highway No. 341; thence south along said centerline until same is intersected by the centerline of Rose Avenue; thence west along said centerline (also known as Georgia Highway No. 18) until same is intersected by the western town limit of the Town of Aldora; thence northerly, westerly, and northerly along said town limit until same intersects the centerline of Old Zebulon Road; thence westerly along the centerline of Old Zebulon Road to a point where the centerline of Old Zebulon Road is intersected by the centerline of Georgia Highway No. 18; thence westerly along the centerline of Georgia Highway No. 18 to the point where said centerline is intersected by the centerline of County Road No. 216; thence south along said centerline until it is intersected by the centerline of County Road #59; thence southwesterly
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along said centerline until same is intersected by the centerline of County Road No. 58; thence northerly along said centerline until same intersects the county line of Pike County and Lamar County, Georgia; thence north along said county line until reaching the northwest corner of Lamar County, Georgia; thence easterly along the county line dividing Spalding County and Lamar County, Georgia following the curvature thereof until reaching the point of beginning. (c) Any part of Lamar County which is not included in any education district described in this section shall be included within that district contiguous to such part which contains the least population according to the 1980 United States decennial census or any future such census. Section 2. Said Act is further amended by striking in its entirety Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. One member shall be elected from each education district by the electors residing solely within each respective district. One member shall be elected by the voters of the entire county. Candidates for membership from education districts may not offer for election to the board from any district other than that district in which their legal residence lies. No person shall be eligible to represent a district unless such person has been a resident of the district from which such person offers as a candidate for at least one year immediately preceding the date of the election. In the event a member representing an education district moves his residence from the district the member represents, the member's place on the board shall immediately become vacant. Candidates for membership from the county at large shall be legal residents of Lamar County for at least one year immediately preceding the date of the election. In the event a member representing the county at large moves his residence from Lamar County, the member's place on the board shall immediately become vacant.
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Section 3. Said Act is further amended by striking in its entirety Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. (a) The members of the board of education in office on January 1, 1987, shall continue in office until successors are elected and qualified as provided in this section. The successors to the offices known as District 1 Post 2, District 3, and District 4 on January 1, 1987, shall be elected in 1987. The successors to those offices known as District 1 Post 1 and District 2 on January 1, 1987, shall be elected in 1988. (b) (1) As soon as it is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Lamar County shall call and conduct a special election for the purpose of electing a member from the county as a whole and members from Education Districts 2 and 4. Such members so elected shall take office immediately upon the certification of the election returns by the Secretary of State and shall serve until December 31, 1990, and until successors are elected and qualified. The successor to each member shall be elected at the general election immediately preceding the expiration of a term of office and shall take office on the first day of January following such election for a term of four years and until a successor is elected and qualified. (2) At the general election of 1988, there shall be elected members from Education Districts 1 and 3. Each member so elected from such districts shall take office on the first day of January following the election for a term of four years and until a successor is elected and qualified. Thereafter, a successor shall be elected at the general election immediately preceding the expiration of each member's term of office and shall take office on the first day of January following such election for a term of four years and until a successor is elected and qualified.
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Section 4. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Lamar County shall call and conduct an election for the purpose of submitting this Act to the electors of the Lamar County School District for approval or rejection. The election shall in no event be called for a date after November 3, 1987. 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 Lamar County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the election of the Board of Education of Lamar County and provides for four members from education districts and one member from the county at large? 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 on or before November 3, 1987, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on January 1, 1988. The expense of such election shall be borne by Lamar 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. Notice of intent to introduce legislation: Notice is given that there will be introduction at the regular 1987 session of the General Assembly of Georgia a bill to ammend an act creating the board of education of Lamar County, approved March 30, 1971 and for other purposes. This 26th day of January, 1987.
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Larry Smith Representative 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 Barnesville Herald-Gazette which is the official organ of Lamar County, on the following date: January 28, 1987. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 30th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 2, 1987. LAMAR COUNTY BOARD OF COMMISSIONERS; COMPOSITION; ELECTIONS; DISTRICTS; TERMS. No. 116 (House Bill No. 629). AN ACT To amend an Act creating a board of commissioners for Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as
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amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 5020), so as to provide for a chairman and four other members of the board of commissioners; to provide for a special election and for subsequent elections; to provide for districts; to provide for terms of office; to provide for a quorum; 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 creating a board of commissioners for Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 5020), is amended by striking in its entirety subsection (b) of Section 1 and inserting in its place new subsections (b) and (c) to read as follows: (b) For the purpose of electing members of the board, Lamar County shall be divided into four commissioner districts as follows: Commissioner District 1: Beginning at a point where the centerline of the city limits of the City of Barnesville, Georgia at its northeastern boundary is intersected by the centerline of the Central of Georgia Railroad; thence southwesterly along said railroad centerline until said centerline is intersected by the centerline of Hall Street; thence north along said centerline until same is intersected by the centerline of Washington Street; thence southwest along said centerline until same is intersected by the centerline of Jackson Street; thence southeasterly along said centerline until same is intersected by the centerline of Railroad Street; thence southwesterly along said centerline until same is intersected by the centerline of Mill Street; thence southerly along the centerline of Mill Street until said street becomes known as Main Street; thence continuing along the centerline of Main Street until said street becomes known as Thomaston Street; thence continuing southerly along the centerline of Thomaston Street until said street is intersected by the centerline of Rose Avenue;
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thence westerly along the centerline of Rose Avenue to a point where said centerline is intersected by the centerline of Georgia Highway No. 7; thence northerly along said centerline until said centerline is intersected by the centerline of Old Zebulon Road (also known within the city limits as Elm Street); thence westerly along said centerline to a point where said centerline is intersected by the westerly city limits of the City of Barnesville, Georgia; thence in a northerly and northeasterly direction along the city limits of the City of Barnesville, Georgia following a curvature thereof to a point where said city limits are intersected by the centerline of Georgia Highway No. 18 (formerly known as Georgia Highway No. 7C); thence north along said centerline until same is intersected by the centerline of U.S. Highway No. 41; thence north along said centerline until same is intersected by the centerline of County Road No. 76; thence east along said centerline until same intersects the centerline of Georgia Highway No. 36; thence east along said centerline until same is intersected by the centerline of County Road No. 246; thence south along said centerline until same is intersected by the northern city limits of the City of Barnesville, Georgia; thence easterly and southeasterly along said city limits following the curvature thereof until reaching the point of beginning. Commissioner District 2: Beginning at a point where the centerline of Chappell Mill Road (County Road No. 211) intersects the Spalding County-Lamar County boundary line; thence southeasterly along the centerline of Chappell Mill Road until said centerline intersects Hitching Post Road (County Road No. 123); thence southerly along said centerline of Hitching Post Road until said centerline is intersected by the centerline of High Falls Park Road; thence west along said centerline until same intersects the centerline of Georgia Highway 36; thence west along said centerline until same is intersected by the centerline of the Colonial Pipeline Transmission Easement; thence northwesterly along said centerline until same is intersected by the centerline of Marable Road; thence south along said centerline
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until same is intersected by the centerline of Liberty Hill Road; thence northwesterly along said centerline until same is intersected by the centerline of County Road No. 116; thence south along said centerline, until same intersects the centerline of Morgan Dairy Road; thence west along said centerline until same is intersected by the centerline of County Road No. 101; thence south along said centerline until same is intersected by the centerline of County Road No. 102; thence west along said centerline until same is intersected by the centerline of the Central of Georgia Railroad right of way; thence south along said centerline until same is intersected by the centerline of Old U.S. Highway 41 (County Road 223); thence southeasterly along said centerline until same is intersected by the centerline of County Road No. 101; thence north along said centerline until same is intersected by the centerline of Edie Creek; thence east along said centerline following the meanderings of said creek until same intersects the centerline of Georgia Highway 36; thence north along said centerline until same is intersected by the centerline of County Road No. 217; thence southeasterly along County Road No. 217 to a point where said centerline is intersected by the centerline of County Road # 152; thence southwesterly along the centerline of said road to a point where said centerline is intersected by the centerline of County Road No. 146; thence west along the centerline of said Road to a point where said road is intersected by the centerline of the second or southernmost intersection of County Road No. 159 (there being two intersections with said County Road No. 146); thence southwesterly along the centerline of said road until it is intersected by the centerline of County Road #246; thence south along said centerline to a point where said centerline intersects the northern city limits of Barnesville, Georgia; thence in a southeasterly direction following the curvature and changes of the city limits of Barnesville, Georgia until said city limits is intersected by the centerline of the Central of Georgia Railroad; thence southwesterly along said centerline until same is intersected by the centerline of Hall Street; thence north along said centerline until same intersects the centerline of Washington Street; thence west along said centerline until
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same is intersected by the centerline of Jackson Street; thence south along said centerline until same intersects the centerline of Railroad Street; thence southwest along said centerline until same is intersected by the centerline of Mill Street; thence south along said centerline and continuing as same becomes known as Main Street, and continuing south until same is intersected by the centerline of Forsyth Street; thence east along said centerline until same is intersected by the centerline of College Drive; thence north along said centerline and continuing as this street becomes known as East Street and then becomes known as Railroad Street until the centerline of Railroad Street is intersected by the centerline of Rogers Street; thence south along said centerline until same is intersected by the centerline of Carleeta Street; thence east along said centerline until same is intersected by the centerline of Sims Street; thence south along said centerline until same intersects the centerline of Georgia Highway No. 18; thence in a easterly direction along the centerline of Georgia Highway No. 18 exiting the city limits of Barnesville until said centerline after first exiting the City of Barnesville intersects another portion of the city limits of Barnesville; thence northerly, easterly, southerly, westerly, and southerly following this additional portion of the City of Barnesville marked by its city limits until its city limits is intersected by the centerline of Georgia Highway No. 18; thence easterly along the centerline of Georgia Highway No. 18 until said centerline is intersected by the centerline of County Road No. 1 (known as Ramah Church Road); thence south along said centerline until same is intersected by the centerline of County Road No. 28; thence west along said centerline until same is intersected by the centerline of Fredonia Church Road; thence southerly along the centerline of Fredonia Church Road until said centerline is intersected by the centerline of Brent Road; thence westerly along the centerline of Brent Road until said centerline is intersected by the centerline of Georgia Highway No. 7; thence northwesterly along the centerline of Georgia Highway 7 to a point where said centerline is intersected by the centerline of County Road No. 168; thence south along the centerline of County Road No. 168 until same is intersected
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by the centerline of a creek; thence westerly and southwesterly following the centerline of said creek until same is intersected by the centerline of Yatesville Road; thence north along the centerline of Yatesville Road until said centerline is intersected by the centerline of Sudduth Road; thence westerly along the centerline of Sudduth Road until said centerline is intersected by the centerline of a creek; thence south along the centerline of said creek until said centerline is intersected by the centerline of County Road No. 40; thence westerly along said centerline until it is intersected by the centerline of County Road No. 36; thence southerly along said centerline until same is intersected by the centerline of County Road No. 37; thence east along said centerline until same is intersected by the centerline of Yatesville Road; thence north along the centerline of Yatesville Road until said centerline is intersected by the centerline of County Road No. 118; thence southeast along said centerline until same intersects the line dividing Upson County and Lamar County, Georgia; thence easterly along the county line dividing Lamar County, Georgia and Upson County, Georgia to a point at the northeast corner of Upson County, Georgia where same intersects Lamar County, Georgia; thence southerly along the dividing line between Upson County, Georgia and Lamar County, Georgia to the southern point of Lamar County where it adjoins Upson County, Georgia; thence easterly, northerly, easterly and northerly along the county line between Monroe County, Georgia and Lamar County, Georgia to the northeasterly corner of Lamar County, Georgia; thence westerly along the county line dividing Lamar County, Georgia and Butts County, Georgia to a point where Lamar County, Georgia and Butts County, Georgia and Spalding County, Georgia intersect; thence southerly along the county line dividing Spalding County, Georgia and Lamar County, Georgia to the point of beginning. Commissioner District 3: Beginning at the intersection of the centerlines of Georgia Highway No. 18 and Main Street in Barnesville, Georgia; thence easterly along the centerline of Georgia
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Highway No. 18 until same is intersected by the centerline of College Drive; thence north along said centerline and continuing as College Drive becomes known as East Street and then Railroad Street until the centerline of Railroad Street is intersected by the centerline of Rogers Street; thence south along said centerline until same is intersected by the centerline of Carleeta Street; thence east along said centerline until same is intersected by the centerline of Sims Street; thence south along said centerline until same intersects the centerline of Georgia Highway No. 18; thence east along the centerline of Georgia Highway No. 18 exiting the city limits of Barnesville until said centerline after first exiting the City of Barnesville intersects another portion of the city limits of Barnesville; thence northerly, easterly, southerly, westerly, and southerly following this additional portion of the City of Barnesville marked by its city limits until its city limits is intersected by the centerline of Georgia Highway No. 18; thence easterly along the centerline of Georgia Highway No. 18 until said centerline is intersected by the centerline of County Road No. 1 (known as Ramah Church Road); thence south along said centerline until same is intersected by the centerline of County Road No. 28; thence west along said centerline until same is intersected by the centerline of Fredonia Church Road; thence southerly along the centerline of Fredonia Church Road until said centerline is intersected by the centerline of Brent Road; thence westerly along the centerline of Brent Road until said centerline is intersected by the centerline of Georgia Highway No. 7; thence northwesterly along the centerline of Georgia Highway 7 to a point where said centerline is intersected by the centerline of County Road No. 168; thence south along the centerline of County Road No. 168 until same is intersected by the centerline of a creek; thence westerly and southwesterly following the centerline of said creek until same is intersected by the centerline of Yatesville Road; thence north along the centerline of Yatesville Road until said centerline is intersected by the centerline of Sudduth Road; thence westerly along the centerline of Sudduth Road until said centerline is intersected by the centerline of a creek; thence south along the centerline of said creek until said centerline
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is intersected by the centerline of County Road No. 40; thence westerly along said centerline until it is intersected by the centerline of County Road No. 36; thence southerly along said centerline until same is intersected by the centerline of County Road No. 37; thence east along said centerline until same intersects the centerline of Yatesville Road; thence north along said centerline until same is intersected by the centerline of County Road No. 118; thence southeasterly along said centerline until same intersects the line dividing Upson County and Lamar County, Georgia; thence westerly along the county line dividing Lamar County, Georgia and Upson County, Georgia to a point at the southwest corner of Lamar County, Georgia and the southeast corner of Pike County, Georgia; thence north along the dividing line between Pike County and Lamar County, Georgia, following the changes and variations thereof until reaching a point where the centerline of Walker Road (County Road No. 58) intersects said county line; thence southeasterly along the centerline of Walker Road until same is intersected by the centerline of Turner Bridge Road; thence northeasterly along said centerline until same intersects County Road No. 216; thence north along said centerline until same is intersected by the centerline of Georgia Highway No. 18; thence east along said centerline until same is intersected by the centerline of Old Zebulon Road; thence east along said centerline until same is intersected by the western town limits of the Town of Aldora; thence south along said town limits until same intersects the centerline of Georgia Highway No. 18; thence east along said centerline until same becomes known as Rose Avenue; thence continuing along the centerline of Rose Avenue until same intersects the centerline of Thomaston Street; thence north along said centerline and continuing until said street becomes known as Main Street; thence continuing along said centerline of Main Street in Barnesville, Georgia until reaching the point of beginning. Commissioner District 4: Beginning at a point where the centerline of Chappell Mill Road (County Road No. 211) intersects the Spalding
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County-Lamar County boundary line; thence southeasterly along the centerline of Chappell Mill Road until said centerline intersects Hitching Post Road (County Road No. 123); thence southerly along said centerline of Hitching Post Road until said centerline is intersected by the centerline of High Falls Park Road; thence west along said centerline until same intersects the centerline of Georgia Highway 36; thence west along said centerline until same is intersected by the centerline of the Colonial Pipeline Transmission Easement; thence northwesterly along said centerline until same is intersected by the centerline of Marable Road; thence south along said centerline until same is intersected by the centerline of Liberty Hill Road; thence northwesterly along said centerline until same is intersected by the centerline of County Road No. 116; thence south along said centerline until same intersects the centerline of Morgan Dairy Road; thence west along said centerline until same is intersected by the centerline of County Road No. 101; thence south along said centerline until same is intersected by the centerline of County Road No. 102; thence west along said centerline until same is intersected by the centerline of the Central of Georgia Railroad right of way; thence south along said centerline until same is intersected by the centerline of old U.S. Highway 41 (County Road 223); thence southeasterly along said centerline until same is intersected by the centerline of County Road No. 101; thence north along said centerline until same is intersected by the centerline of Edie Creek; thence east along said centerline following the meanderings of said creek until same intersects the centerline of Georgia Highway 36; thence north along said centerline until same is intersected by the centerline of County Road No. 217; thence southeasterly along County Road No. 217 to a point where said centerline is intersected by the centerline of County Road #152; thence southwesterly along the centerline of said road to a point where said centerline is intersected by the centerline of County Road No. 146; thence west along the centerline of said Road to a point where said road is intersected by the centerline of the second or southernmost intersection of County Road #159 with said County Road No. 146; thence southwesterly along the centerline of said road until it is intersected by the centerline of
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County Road #246; thence north along said centerline to a point where said centerline intersects the centerline of Georgia Highway No. 36; thence west along said centerline until same is intersected by the centerline of County Road No. 76; thence west along said centerline until same intersects the centerline of U.S. Highway 41; thence south along said centerline until same is intersected by the centerline of Georgia Highway No. 18 (formerly known as Georgia Highway No. 7C); thence south along said centerline until same intersects the northern city limits of Barnesville, Georgia; thence in southwesterly direction following the curvature and changes of the city limits of Barnesville, Georgia until said city limits is intersected by the centerline of Old Zebulon Road (also known within the city limits as Elm Street); thence east along the centerline of Elm Street until same is intersected by the centerline of U.S. Highway No. 341; thence south along said centerline until same is intersected by the centerline of Rose Avenue; thence west along said centerline (also known as Georgia Highway No. 18) until same is intersected by the western town limit of the Town of Aldora; thence northerly, westerly, and northerly along said town limit until same intersects the centerline of Old Zebulon Road; thence westerly along the centerline of Old Zebulon Road to a point where the centerline of Old Zebulon Road is intersected by the centerline of Georgia Highway No. 18; thence westerly along the centerline of Georgia Highway No. 18 to the point where said centerline is intersected by the centerline of County Road No. 216; thence south along said centerline until it is intersected by the centerline of County Road #59; thence southwesterly along said centerline until same is intersected by the centerline of County Road No. 58; thence northerly along said centerline until same intersects the county line of Pike County and Lamar County, Georgia; thence north along said county line until reaching the northwest corner of Lamar County, Georgia; thence easterly along the county line dividing Spalding County and Lamar County, Georgia following the curvature thereof until reaching the point of beginning. (c) Any part of Lamar County which is not included in any commissioner district described in this section shall be
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included within that district contiguous to such part which contains the least population according to the 1980 United States decennial census or any future such census. Section 2. Said Act is further amended by striking in their entirety subsections (c) and (d) of Section 2 and inserting in their place new subsections (c) and (d) to read as follows: (c) The members of the board of commissioners in office on January 1, 1987, shall continue in office until the expiration of the terms to which such members were elected and until successors are elected and qualified. The successor to that office known as District 1 on January 1, 1987, shall be elected in 1987; the successor to that office known as District 2 on January 1, 1987, shall be elected in 1990; and the successor to that office known as District 3 on January 1, 1987, shall be elected in 1988. (d) (1) As soon as it is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Lamar County shall call and conduct a special election for the purpose of electing a member to be the chairman and members from Commissioner Districts 1 and 4. The chairman and the members from Commissioner Districts 1 and 4 so elected shall take office immediately upon the certification of the election returns by the Secretary of State. The chairman and the member elected from Commissioner District 1 shall serve until December 31, 1990, and until successors are elected and qualified. The member elected from Commissioner District 4 shall serve until December 31, 1988, and until a successor is elected and qualified. The successor to each member or the chairman shall be elected at the general election immediately preceding the expiration of a term of office and shall take office on the first day of January following such election for a term of four years and until a successor is elected and qualified. (2) At the general election of 1988, in addition to the election of a member from Commissioner District 4
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as provided in paragraph (1) of this subsection, there shall be elected a member from Commissioner District 3. The member elected from Commissioner District 3 shall take office on the first day of January following the election for a term of four years and until a successor is elected and qualified. Thereafter, a successor shall be elected at the general election immediately preceding the expiration of such member's term of office and shall take office on the first day of January following such election for a term of four years and until a successor is elected and qualified. (3) At the general election of 1990, in addition to the election of a chairman and a member from Commissioner District 1 as provided in paragraph (1) of this subsection, there shall be elected a member from Commissioner District 2. The member elected from Commissioner District 2 shall take office on the first day of January following the election for a term of four years and until a successor is elected and qualified. Thereafter, a successor shall be elected at the general election immediately preceding the expiration of such member's term of office and shall take office on the first day of January following such election for a term of four years and until a successor is elected and qualified. (4) A quorum for the conduct of business shall be three members. The chairman shall be a member for purposes of achieving a quorum. 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 1987 session of the General Assembly of Georgia a bill to amend an act creating a board of commissioners for Lamar County, approved March 8, 1943 (GA.L. 1943, p. 1066), as amended, and to repeal conflicting laws and for other purposes. This the 19th day of January, 1987.
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s.Norman Smith Attorney for Board of Commissioners of Lamar County, Georgia 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 Barnesville Herald-Gazette which is the official organ of Lamar County, on the following date: January 21, 1987. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 30th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 2, 1987.
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GWINNETT COUNTY RECORDER'S COURT; ADDITIONAL JUDGE; CHIEF JUDGE; SOLICITOR AND ASSISTANT SOLICITOR; COMPENSATION; CLERK; PRACTICE OF LAW; JUDGE PRO HAC VICE; FINES; COSTS. No. 124 (House Bill No. 803). AN ACT To amend an Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, so as to provide for an additional judge for such court; to provide for the appointment, term of office, compensation, and powers of such additional judge; to provide for the title of chief judge; to provide duties and responsibilities of the chief judge; to provide for a solicitor and an assistant solicitor; to provide for the service, qualifications, powers, and compensation of the solicitor and the assistant solicitor; to provide for the compensation of the judges; to provide for the compensation of the clerk; to provide that the judges, solicitor, and assistant solicitor may not engage in the private practice of law; to provide the time and place of holding court; to provide for a judge pro hac vice; to provide for fines, fees, and costs in the 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 Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, is amended by striking in its entirety Section 5 and inserting in lieu thereof a new Section 5 to read as follows: Section 5. Judge; Selection; Term; Vacancies. (a) There shall be two judges of the recorder's court appointed by the chief judge of the Superior Court of Gwinnett County and the chief judge of the State Court of Gwinnett County. Each judge appointed shall serve for a term of four years and until a successor is appointed and qualified. All vacancies occurring in such offices shall be filled in like manner, for the remainder of the unexpired term.
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(b) The judge in office on the effective date of this Act shall serve until December 31, 1988, and until a successor is appointed and qualified. (c) The second judge as provided in subsection (a) of this section shall be appointed for an initial term ending December 31, 1990, and until a successor is appointed and qualified. (d) The judge of the recorder's court senior in length of continuous service as a recorder's court judge shall be chiefjudge. The chiefjudge shall be responsible for the administration and expeditious disposition of the business of the court and shall have power to make such rules as he shall deem necessary or proper for such purpose but not in conflict with the general laws of this state. The rules of the chief judge shall be binding on the other judge or judges of the recorder's court. Section 2. Said Act is further amended by striking in its entirety Section 6A and inserting in lieu thereof a new Section 6A to read as follows: Section 6A. Solicitor and assistant solicitor. (a) The chief judge of the recorder's court is authorized to employ a solicitor to serve at the pleasure of the judge. The solicitor shall interview and subpoena witnesses and shall produce evidence to the court. The solicitor shall possess the same qualifications as the solicitor of the State Court of Gwinnett County. The solicitor's salary shall be equal to 65 percent of the salary of the district attorney of the Gwinnett Judicial Circuit, which salary shall be paid by the governing authority of Gwinnett County. (b) The solicitor is authorized to employ an assistant solicitor to serve at the pleasure of the solicitor. He shall perform the same duties and possess the same qualifications as the solicitor. The assistant solicitor's salary shall be $24,000.00 per year and shall be paid by the governing authority of Gwinnett County. Section 3. Said Act is further amended by striking in its entirety Section 7 and inserting in lieu thereof a new Section 7 to read as follows:
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Section 7. Judges' compensation. The salary of the judges of the recorder's court shall be equal to 65 percent of the salary of a judge of superior court of the Gwinnett Judicial Circuit including any supplement, which salary shall be paid by the governing authority of Gwinnett County. Section 4. Said Act is further amended by inserting immediately following Section 7 a new section, to be designated Section 7A, to read as follows: Section 7A. Prohibition from private practice of law. The judges, solicitor, and assistant solicitor are prohibited from engaging in the private practice of law. Section 5. Said Act is further amended by striking in its entirety Section 8 and inserting in lieu thereof a new Section 8 to read as follows: Section 8. Clerk; Duties; Bond and compensation. The clerk of said recorder's court shall be appointed by the chief judge of the Superior Court of Gwinnett County and the chief judge of the State Court of Gwinnett County, whose duty it shall be to keep a record of all proceedings of said court, to collect all costs, fines and forfeitures, and to remit same by the fifteenth day of the following month to the director of finance of Gwinnett County or such other person as may be designated by the governing authority of Gwinnett County, for deposit in the county depository, as general funds of Gwinnett County. Said clerk shall further be authorized and empowered to issue summons, subpoenas, rules to forfeit bonds, and such other similar rules as may be by law authorized. Said clerk shall be bonded to Gwinnett County in the sum of $5,000.00 for the faithful performance of the duties of office and for the accounting for all funds coming into the possession of the clerk by virtue of the office and to insure the county against loss of any such funds and said bond premium to be paid from county funds as an expense of said court. Said clerk may appoint a sufficient number of deputy clerks as may be needed, who shall give bond in like manner as the clerk. The clerk shall receive as compensation for services a salary equal to 80 percent of the salary of the clerk of the Superior and State Courts of Gwinnett County, which salary shall be paid by the governing authority of Gwinnett County.
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Section 6. Said Act is further amended by striking in its entirety Section 12 and inserting in lieu thereof a new Section 12 to read as follows: Section 12. Time and places of holding court. The Recorder's Court of Gwinnett County shall be held at the county courthouse or at a facility within the county site as designated by the chief judge thereof, and at such hour or hours of the day or evening as shall be fixed by the chief judge. Section 7. Said Act is further amended by striking in its entirety Section 13 and inserting in lieu thereof a new Section 13 to read as follows: Section 13. Recorder Pro Hac Vice. The chief judge of the Recorder's Court of Gwinnett County shall have the authority to designate a practicing attorney holding the qualifications of a judge of the recorder's court to serve as judge pro hac vice in the place of either judge during an absence, because of disability, or if a judge is disqualified. A judge pro hac vice while serving as judge shall have the same power and authority vested in the judges of said court and shall be paid at the rate of $100.00 per day by the governing authority of Gwinnett County. Section 8. Said Act is further amended by striking in its entirety Section 14 and inserting in lieu thereof a new Section 14 to read as follows: Section 14. Fines and punishment. (a) Upon conviction of violation of any of the traffic laws as stated, the judge of said court may punish such offender by imposing a fine not in excess of that prescribed by the traffic laws or by imprisonment in the county jail or public works camp or to work on such public works as the county authorities may employ, or by any one or more of such punishments as may be provided by law. (b) Upon conviction of violation of any ordinance of Gwinnett County, the judge may impose a fine not to exceed $500.00; by imprisonment for not to exceed 60 days; or by such fine or period of imprisonment as may be provided in any such ordinance, any one or both in the discretion of the court.
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(c) The judge of the recorder's court shall have the authority to place any person found guilty of a violation of a traffic law or an ordinance of Gwinnett County upon probation and to suspend or modify any sentence. In addition to any such punishment, the court may require attendance at safety education schools and other training and educational programs. (d) Any person who is placed on probation under subsection (c) of this section as a result of having been found guilty of violating any traffic law of this state shall serve such probation under the supervision of the Department of Corrections. Section 9. Said Act is further amended by striking in its entirety Section 21 and inserting in lieu thereof a new Section 21 to read as follows: Section 21. Costs. In each case of conviction in said recorder's court, the costs assessable shall be $14.50, plus an amount per case for the Gwinnett County Library Fund as set by the board of trustees of the Gwinnett County Law Library. All costs so collected shall be paid into the general fund of Gwinnett County for general county purposes, except that the library fund amounts shall be paid to the treasurer of the Gwinnett County Law Library. Defendants unable to pay fines and costs may be required to work at the public works of Gwinnett County. Section 10. 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 11. 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 1987 session of the General Assembly of Georgia a Bill to amend an Act to continue and recreate the Recorder's Court of Gwinnett
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County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, so as to change the qualifications and compensation of the Judges of Recorder's Court, and the Solicitor of the Recorder's Court, and the Clerk of Recorder's Court, and to add an additional Judge of Recorder's Court and an Assistant Solicitor of Recorder's Court, and to determine the duties of the Chief Judge of said Court, the amount of fines for violations of county ordinances, GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles E. Bannister, who, on oath, deposes and says that he is Representative from the 62nd 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 9, 1987. /s/ Charles E. Bannister Representative, 62nd District Sworn to and subscribed before me, this 4th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 5, 1987.
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BURKE COUNTY STATE COURT; TERMS. No. 125 (House Bill No. 756). AN ACT To amend an Act establishing the State Court of Burke County, formerly the City Court of Waynesboro, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3336), so as to change the terms of said court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing the State Court of Burke County, formerly the City Court of Waynesboro, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3336), is amended by striking from the first sentence of Section 19 the following: and the quarterly terms shall be held on the fourth Mondays in January, April, July and October., and substituting in place thereof the following: and the quarterly terms shall be held on the second Mondays in March, June, September, and December., so that when so amended Section 19 shall read as follows: Section 19. The terms of the State Court of Burke County shall be monthly and quarterly; the monthly terms shall be held on the first Wednesdays in each month and the quarterly terms shall be held on the second Mondays in March, June, September, and December. Suits for not over five hundred dollars principal, and all issues and proceedings when not over five hundred dollars in value is involved, shall be returnable to the monthly sessions of said court and stand for trial at the first term by the judge without the intervention of a jury; provided, that either party in any cause shall be entitled to a trial by a
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jury, where such party is so entitled under the Constitution and laws of this State, and as hereinafter provided in this Act. Ordinary suits brought to the monthly sessions shall be filed in the clerk's office of said court at least fifteen days before the term to which they are returnable, and the same shall be served at least ten days before said term. All other causes and proceedings must be brought to the quarterly term in like manner as suits are now brought in the superior court, and the first term of said quarterly session shall be the appearance term; provided, that in all suits brought in said State court final judgment may be entered by default at the first term to which the cause is returnable, unless a plea or defense is filed under the terms governing the filing of pleas in the superior court on the call of the appearance docket, in which event the second term shall be the trial term, except the trial may be at the first term when parties consent. 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 1987 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Burke County, formerly the City Court of Waynesboro, approved August 5, 1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3336); to provide for related matters; to repeal conflicting laws; and for other purposes. This 2nd day of February, 1987. /s/ Emory E. Bargeron Emory E. Bargeron District 108 Georgia House of Representatives GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron, who,
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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 True Citizen which is the official organ of Burke County, on the following date: February 5, 1987. /s/ Emory E. Bargeron Representative, 108th District Sworn to and subscribed before me, this 9th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 5, 1987. CITY OF CAMILLA MAYOR AND COUNCILMEN; COMPENSATION. No. 126 (House Bill No. 577). 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, so as to change the compensation 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 Camilla, approved March 27, 1972 (Ga. L. 1972, p. 2919), as
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amended, is amended by striking in its entirety Section 2-8 and inserting in lieu thereof a new Section 2-8 to read as follows: Section 2-8. Compensation and expenses. The mayor shall receive $300.00 per month, and each councilman shall receive $200.00 per month as compensation for his services as such. Each councilman and the mayor, when authorized by the mayor and council and upon presentation of itemized vouchers, shall receive his actual and necessary expenses incurred in the performance of his duties of office. Said compensation and expenses shall be paid from the funds of the City of Camilla. 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. PUBLIC NOTICE Notice is hereby given that the Mayor and Council of the City of Camilla have requested Representative Richard Royal to introduce legislation at the 1987 Session of the General Assembly of Georgia to amend the Charter of the City of Camilla to provide for an increase in the compensation for the mayor and members of the city counsel. Dated this 14th day of January, 1987. Nell L. Worsham Clerk, 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 16, 1987.
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/s/ A. Richard Royal Representative, 144th District Sworn to and subscribed before me, this 21st day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 5, 1987. TOWN OF LINWOOD ELECTIONS; MAYOR AND COUNCIL; COMPENSATION; CLERK, MARSHAL, TREASURER, POLICE; JUDGE OF THE MUNICIPAL COURT. No. 127 (Senate Bill No. 184). AN ACT To amend an Act creating a new charter for the Town of Linwood in Walker County, approved August 3, 1920 (Ga. L. 1920, p. 1101), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2690), so as to change the date set for city elections; to change the manner of elections; to change the manner of selecting the clerk, marshal, and treasurer; to change the authority of the mayor with regard to police of the town; to change the compensation of the mayor and council; to provide for appointment of a judge of the Municipal Court of Linwood; 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 Town of Linwood in Walker County, approved August 3, 1920 (Ga. L.
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1920, p. 1101), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2690), is amended by striking Section 5 in its entirety and inserting in its place a new Section 5 to read as follows: Section 5. Be it further enacted by the authority aforesaid, that on the first Saturday in December, 1987, and every two years thereafter on the same day, an election shall be held at such place in said town as may be designated by the mayor and council of the Town of Linwood for a mayor who shall hold office for two years beginning on January 1 following his election and until his successor is elected and qualified. On the first Saturday in December, 1987, there shall be held, at the same time and same place designated for the election of the mayor, an election for the members of the council whose terms expire December 31, 1987. On the first Saturday in December, 1988, and each year thereafter, an election shall be held at such place in said town as may be designated by the mayor and council for the successor to the mayor, if his term expires on January 1 following the election, and to elect successors to the councilmen whose terms expire on January 1 following such election. Councilmen who are elected in the election held on the first Saturday in December, 1988, and annually thereafter, shall be elected for a term of two years beginning on January 1 following their election. All persons residing within the limits of the Town of Linwood, and who have so resided therein for a period of not less than 30 days at the time of said election, who are qualified to vote for members of the General Assembly of Georgia, who have paid all taxes legally imposed and demanded by authority of said Town of Linwood, and who have registered as qualified voters of said Town of Linwood as hereinafter provided for, shall be permitted to vote in said election for said mayor and council. Said election shall be held by two managers who shall be residents of said Town of Linwood and qualified to participate in said election under the rules and regulations governing the election of officers of this state, and a certificate of election signed by said managers shall be sufficient authority to persons elected to enter into the discharge of the duties of the office to which they have been elected. The managers of said election shall, before entering upon their duties as managers, subscribe to the following oath: `All and each of us do swear that we will
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faithfully superintend this day's election; that we are residents of the Town of Linwood and qualified to vote in said election; that we will make a just and true return thereof, and we will not knowingly permit anyone to vote in this election, unless we believe that he is entitled to vote according to the laws of said town, nor will we knowingly prohibit anyone from voting who is by law entitled to vote.' Said oath may be administered by any person qualified to administer oaths. If no such person can be had, said managers may swear each other; said managers shall keep two lists of voters and two tally sheets of said election. In the event that the office of mayor or any member of the board of councilmen shall become vacant by death, resignation, removal, or other cause, the mayor and council shall appoint a successor to fill said office for the unexpired term. Section 2. Said Act is further amended by striking Section 5A, which reads as follows: Section 5A. Upon the effective date of this section or as soon thereafter as is practicable, the mayor and four (4) councilmen of the town of Linwood shall appoint a fifth councilman who shall serve until January 1, 1959. His successor shall be elected on the second Saturday in December, 1958, and thereafter for a term of two (2) years in the same manner as provided for the other councilmen of said town in section 5 of this Act., in its entirety. Section 3. Said Act is further amended by striking Section 9 in its entirety and inserting in its place a new Section 9 to read as follows: Section 9. Be it further enacted by the authority aforesaid, that immediately after being installed the said mayor and councilmen shall organize and shall elect one of said councilmen as mayor pro tem., and the said mayor pro tem. shall act in all cases in the absence, disqualification, or sickness of the mayor, during which time he shall be clothed with all the necessary powers of the mayor. Said mayor and council shall also, at said meeting, appoint a clerk, chief of police, and treasurer, provided that any of said officers may
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be removed at any time by a majority vote of the mayor and council for neglect of duty, incapacity, or malfeasance in office. Section 4. 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. Be it further enacted by the authority aforesaid, that the mayor of said Town of Linwood, and in his absence the mayor pro tem., shall be the executive officer of said town; shall see that the ordinances, bylaws, rules and orders of the council are faithfully executed; shall hire police and terminate police only for a legitimate reason; may appoint special police whenever he may deem same necessary; shall see that the peace and good order of the town are preserved; shall see that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. As a presiding officer of the meeting of said mayor and council, the said mayor shall not be permitted to vote on questions before said mayor and council, except in cases of a tie vote, but said mayor pro tem. shall be permitted to vote on all questions before said mayor and council whether he is at the time acting as presiding officer of said mayor and council or not. Section 5. Said Act is further amended by adding a new Section 11A to read as follows: Section 11A. There shall be a municipal court to be known as the Municipal Court of the Town of Linwood. The terms of such judge shall be set by ordinance. The mayor and council shall appoint a judge of the municipal court. No person shall be qualified or eligible to serve as a judge of the municipal court unless he shall have attained the age of 21 years. The judge of the municipal court may be removed for cause by vote of the mayor and council. Compensation of the judge shall be fixed by the mayor and council. 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.
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Section 6. Said Act is further amended by striking Section 25 in its entirety and inserting in its place a new Section 25 to read as follows: Section 25. The clerk, chief of police, and treasurer of said Town of Linwood shall receive such salaries as the council may deem just and proper. The mayor shall receive a salary not to exceed $100.00 per month to be determined by the council at the first meeting in each year. Each councilman shall receive the sum of $300.00 per year. Section 7. 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 1987 session of the General Assembly of Georgia and Act to Amend the City Charter of the City of Linwood, Georgia, to provide for the appointment of the City Judge by the Mayor and Council of the City of Linwood, Georgia and for other purposes. This 21st day of January, 1987. MELVIN BRIDGES, MAYOR CITY OF LINWOOD, GA CHARLES CLEMENTS, JR., ATTORNEY FOR CITY OF LINWOOD, GA. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Waymond Huggins, who, on oath, deposes and says that he is Senator from the 53rd 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 23, 1987. /s/ Waymond Huggins Senator, 53rd District
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Sworn to and subscribed before me, this 27th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 5, 1987. WESTERN JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENT. No. 128 (House Bill No. 590). AN ACT To amend an Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, approved February 16, 1950 (Ga. L. 1950, p. 295), as amended, particularly by an Act approved February 5, 1951 (Ga. L. 1951, p. 42) and by an Act approved March 28, 1984 (Ga. L. 1984, p. 723), so as to change the supplementary compensation to be paid to each judge of the superior courts of the Western Judicial 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 providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, approved February 16, 1950 (Ga. L. 1950, p. 295), as amended, particularly by an Act approved February 5, 1951 (Ga. L. 1951, p. 42) and by an Act approved March 28, 1984 (Ga. L. 1984, p. 723), is amended by striking Section 1 of said Act in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
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Section 1. The governing authorities of the counties which comprise the Western Judicial Circuit shall provide supplementary compensation to the judges of the Western Judicial Circuit in the amounts provided for in this section. Clarke County shall pay to each judge the sum of $12,100.00 per annum. Oconee County shall pay to each judge the sum of $1,200.00 per annum. These sums shall be payable in equal monthly installments from the funds of the counties. 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 given that there will be introduced at the regular 1987 session of the General Assembly of Georgia local legislation providing for supplementary compensation for the judges of the Superior Courts of the Western Judicial Circuit by the counties of the circuit; and for other purposes. Michael Thurmond Representative 67th District Louie Clark Representative 13th District Lawton E. Stephens Representative 68th District Billy Milford Representative 13th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lawton Evans Stephens,
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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 Observer which is the official organ of Clarke County, on the following date: January 15, 1987. /s/ Lawton Evans Stephens Representative, 68th District Sworn to and subscribed before me, this 30th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 5, 1987. TROUP COUNTY BUSINESS LICENSE FEES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 129 (Senate Bill No. 337). 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 Troup County to assess and collect license fees from all businesses in the county outside the corporate limits of any municipality (Res. Act No. 116; H.R. 626-1463; Ga. L. 1972, p. 1367); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1 . That constitutional amendment authorizing the governing authority of Troup County to assess and collect license fees from all businesses in the county outside the corporate limits of any municipality (Res. Act No. 116; H.R. 626-1463; Ga. L. 1972, p. 1367) 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 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: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 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 Troup County to assess and collect license fees from all businesses in the county outside the corporate limits of any municipality (Res. Act No. 116; H.R. 626-1463; Ga. L. 1972, p. 1367); and for other purposes. This 13th day of February, 1987. Troup County Board of Commissioners
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has been published in said LaGrange Daily News, to-wit: 2-14-1987, 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 1987 /s/ Thelma A. Ledford Notary Public, Troup County Approved March 6, 1987. CITY OF WEST POINT BONDS; FLOOD PROTECTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 130 (Senate Bill No. 338). 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 West Point to increase its bonded indebtedness for the purpose of flood protection (Res. Act No. 592; Ga. L. 1920, p. 29); 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 West Point to increase its bonded indebtedness for the purpose of flood protection (Res. Act No. 592; Ga. L. 1920, p. 29) shall not be repealed or deleted on July 1, 1987, as a part
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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 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: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 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 West Point to increase its bonded indebtedness for the purpose of flood protection (Res. Act No. 592; Ga. L. 1920, p. 29); and for other purposes. This 13th day of February, 1982. City of West Point By: H. E. Still Mayor has been published in said LaGrange Daily News, to-wit: 2-14-1987, being one publications of said notice and petition, issued on dates aforesaid respectively.
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/s/ Glen O. Long Publisher Sworn and subscribed before me this 14th day of February 1987 /s/ Thelma A. Ledford Notary Public, Troup County Approved March 6, 1987. PIERCE COUNTY INDUSTRIAL DEVELOPMENT AND BUILDING AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 131 (Senate Bill No. 362). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Pierce County Industrial Development and Building Authority (Res. Act No. 44; H.R. 105-133; Ga. L. 1965, p. 683); 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 of Georgia creating the Pierce County Industrial Development and Building Authority (Res. Act No. 44; H.R. 105-133; Ga. L. 1965, p. 683) 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
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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 1987 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 Pierce County Industrial Development and Building Authority (Res. Act No. 44; H.R. 105-133; Ga. L. 1965, p. 683); and for other purposes. This 9th day of February, 1987. Earl E. Echols Jr. Senator, 6th Senatorial District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl E. Echols, Jr., 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 Blackshear Times which is the official organ of Pierce County, on the following date: February 11, 1987. /s/ Earl E. Echols, Jr. Senator, 6th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 6, 1987.
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RICHMOND COUNTY LOCAL TAXING JURISDICTIONS; DISCOUNTS FOR EARLY PAYMENT OF AD VALOREM TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 132 (House Bill No. 363). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment permitting the General Assembly to authorize local taxing jurisdictions in Richmond County to grant discounts for early payment of ad valorem taxes (Res. Act No. 202; H.R. 456-1162; Ga. L. 1980, p. 2162); 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 permitting the General Assembly to authorize local taxing jurisdictions in Richmond County to grant discounts for early payment of ad valorem taxes (Res. Act No. 202; H.R. 456-1162; Ga. L. 1980, p. 2162) 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.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE is hereby given that there will be introduced at the regular 1987 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 1980, page 2162, so as to permit the General Assembly to authorize local taxing jurisdictions in Richmond County to grant a reasonable discount for early payment of ad valorem taxes owed to the local taxing jurisdictions; to provide an effective date and for other purposes. This 30th day of December, 1986. LEONARD O. FLETCHER Attorney for Richmond County Board of Education ROBERT C. DANIEL JR. County Attorney for Richmond County, Georgia. STATE OF GEORGIA RICHMOND COUNTY PERSONALLY appeared before me, a Notary Public, the undersigned, PAUL S. SIMON, 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 in said newspaper one time, as required by law, said date of publication being January 8, 1987. /s/ Paul S. Simon, President, Southeastern Newspapers Corporation, Publisher of The Augusta Herald, Richmond County, Georgia
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Sworn to and subscribed before me, this 9 day of January, 1987 /s/ Betty J. Doyle Notary Public, Richmond County, Georgia My Commission Expires March 5, 1989 (SEAL) Approved March 6, 1987. CITY OF DECATUR BONDS; OFFSTREET PARKING; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 133 (House Bill No. 370). 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 Decatur in the County of DeKalb to issue and sell revenue anticipation obligations to provide funds for the purchase of lands and for the construction and operation of offstreet automobile parking (Res. Act No. 113; H.R. 559-1220; Ga. L. 1968, 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 Decatur in the County of DeKalb to issue and sell revenue anticipation obligations to provide funds for the purchase of lands and for the construction and operation of offstreet automobile parking (Res. Act No. 113; H.R. 559-1220; Ga. L. 1968, 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.
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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 1987 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 Decatur to construct and maintain off-street parking facilities (Res. Act No. 113; HR No. 559-1220; Ga. L. 1968, p. 1515), and for other purposes. This 18th day of December, 1986. Honorable Eleanor Richardson Representative District 52 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-Res. Act. #113, H.R. #559-1220 a true copy of which is hereto annexed, was published in said newspaper in its issue of the 25th day of December, 1986. /s/ Gerald W. Crane Co-Publisher (by) /s/ Linda L. Orr Agent
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Sworn to and subscribed before me this 25th day of December, 1986. /s/ Janet K. Simpson Notary Public My commission expires June 4, 1990 (SEAL) Approved March 6, 1987. DEKALB COUNTY AD VALOREM PROPERTY TAX EXEMPTION FOR CERTAIN IMPROVEMENTS TO REAL PROPERTY; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 134 (House Bill No. 651). 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 DeKalb County to exempt from ad valorem property taxes levied by DeKalb County and the DeKalb County School System the value of certain improvements to real property in DeKalb County and limiting the amount and duration of the exemption (Res. Act No. 128; H.R. 49-217; Ga. L. 1978, p. 2378); 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 DeKalb County to exempt from ad valorem property taxes levied by DeKalb County and the DeKalb County School System the value of certain improvements to real property in DeKalb County and limiting the amount and duration of
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the exemption (Res. Act No. 128; H.R. 49-217; Ga. L. 1978, p. 2378) 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 APPLY FOR LOCAL LEGISLATION Notice is hereby given that legislation will be introduced during the 1987 Session of the General Assembly proposing an amendment to the Constitution of Georgia authorizing the County governing authority to exempt a percentage of the fair market value of real property improvements from ad valorem taxes levied by DeKalb County and the DeKalb County School System. Manuel J. Maloof Chief Executive Officer DeKalb County 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-fair market tax exemption percentage a true copy of which is hereto annexed, was published in said newspaper in its issue of the 1st day of January, 1987.
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/s/ Gerald W. Crane Co-Publisher (by) /s/ Linda L. Orr Agent Sworn to and subscribed before me this 2nd day of January, 1987. /s/ Janet K. Simpson Notary Public My commission expires June 4, 1990 (SEAL) Approved March 6, 1987. WALTON COUNTY SCHOOL DISTRICT; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 135 (House Bill No. 866). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that all of Walton County exclusive of the independent school system of Social Circle shall comprise one school district, and it shall be under the control and management of a county board of education and providing for the election of the board members and the appointment of a school superintendent by the board (Res. Act No. 85; H.R. 105-300f; Ga. L. 1956, p. 433); 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 all of Walton County exclusive of the independent school system
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of Social Circle shall comprise one school district, and it shall be under the control and management of a county board of education and providing for the election of the board members and the appointment of a school superintendent by the board (Res. Act No. 85; H.R. 105-300f; Ga. L. 1956, p. 433) 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 1987 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 all of Walton County exclusive of the independent school system of Social Circle shall comprise on school district, and it shall be under the control and management of a county board of education and providing for the election of the board members and the appointment of a school superintendent by the board (Res. Act No. 85; H.R. 105-300f; Ga. L. 1956, p. 433); and for other purposes. This 11th day of February, 1987. Tyrone Carrell GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tyrone Carrell, 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
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which is the official organ of Walton County, on the following date: February 13, 1987. /s/ Tyrone Carrell Representative, 65th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987. CATOOSA COUNTY BOARD OF TAX ADMINISTRATORS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 136 (House Bill No. 869). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a Board of Tax Administrators for Catoosa County and providing for their qualifications, terms, authority, duties, and compensation (Res. Act No. 167; H.R. 472-1129a; Ga. L. 1958, p. 592); 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 Board of Tax Administrators for Catoosa County and providing
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for their qualifications, terms, authority, duties, and compensation (Res. Act No. 167; H.R. 472-1129a; Ga. L. 1958, p. 592) 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 CATOOSA COUNTY Before me, an officer duly 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 1 times, on the issues dated, to-wit: January 28, 1987 NOTICE TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced to the General Assembly of Georgia a local act to continue the local constitutional amendment providing for the Board of Tax Assessors of Catoosa County, Georgia, as provided in the Constitution of Georgia, 1983. The purpose of the local legislation is to prevent the Board of Tax Assessors of Catoosa County, Georgia, as established by local constitutional amendment from expiring as provided in the 1983 Constitution of Georgia. This 26th day of January, 1987. Roger Bowman Board of Tax Assessors
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Sworn to and subscribed before me, this the 12 day of February, 1987 /s/ Juanita Caldwell Notary Public, Georgia, State at Large My Commission Expires Apr. 22, 1989 (SEAL) Approved March 6, 1987. JENKINS COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 137 (House Bill No. 900). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Jenkins County Development Authority (Res. Act No. 226; H. R. 533-1024; Ga. L. 1962, 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 creating the Jenkins County Development Authority (Res. Act No. 226; H. R. 533-1024; Ga. L. 1962, 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 which authorizes the continuation of certain amendments to the Constitution.
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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 1987 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 Jenkins County Development Authority (Res. Act No. 226; H.R. 533-1024; Ga. L. 1962, p. 1109); and for other purposes. This 12th day of January, 1987. John F. Godbee District 110 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 29, 1987. /s/ John F. Godbee Representative, 110th District Sworn to and subscribed before me, this 17th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
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WORTH COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 138 (House Bill No. 928). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Worth County Development Authority (Res. Act No. 61; H.R. 115-201; Ga. L. 1966, 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 Worth County Development Authority (Res. Act No. 61; H.R. 115-201; Ga. L. 1966, 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 given that there will be introduced at the regular 1987 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 which was proposed by Resolution Act No. 61 (House Resolution No. 115-201) of the 1966 General Assembly (Ga. L. 1966, p. 860) and which was duly ratified at the 1966 general election and which relates to the creation of
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the Worth County Industrial Development Authority and provisions for its power, authority, funds, and purposes and procedures connected therewith; to provide for related matters and for other purposes. This 20th day of January 1987. W. W. Mims, Chairman Worth County Board of Commissioners Worth 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 Sylvester Local News which is the official organ of Worth County, on the following date: January 22, 1987. /s/ Earleen Sizemore Representative, 136th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
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WAYNE COUNTY BOARD OF EDUCATION; ELECTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 139 (House Bill No. 938). 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 the members of the board of education of Wayne County by the people (Res. Act No. 135; H.R. 364-874f; Ga. L. 1958, p. 549, as amended by Res. Act. No. 111; H.R. 323-682; Ga. L. 1960, p. 1234); 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 the members of the board of education of Wayne County by the people (Res. Act No. 135; H.R. 364-874f; Ga. L. 1958, p. 549, as amended by Res. Act. No. 111; H.R. 323-682; Ga. L. 1960, p. 1234) 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 1987 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 the election
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of the members of the board of education of Wayne County by the people (Res. Act No. 135; H.R. 364-874f; Ga. L. 1958, p. 549, as amended by Res. Act No. 111; H.R. 323-682; Ga. L. 1960, p. 1234); and for other purposes. This 13th day of February, 1987. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger C. Byrd, 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 Press-Sentinel which is the official organ of Wayne County, on the following date: February 13, 1987. /s/ Roger C. Byrd Representative, 153rd District Sworn to and subscribed before me, this 19th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
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WAYNE COUNTY COUNTY ADMINISTRATOR; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 140 (House Bill No. 939). 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 County Administrator of Wayne County (Res. Act No. 230; H.R. 577-1126; Ga. L. 1962, p. 1118); 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 County Administrator of Wayne County (Res. Act No. 230; H.R. 577-1126; Ga. L. 1962, p. 1118) 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 1987 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 a County Administrator of Wayne County (Res. Act No. 230; H.R. 577-1126; Ga. L. 1962, p. 1118); and for other purposes. This 13th day of February, 1987.
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger C. Byrd, 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 Press-Sentinel which is the official organ of Wayne County, on the following date: February 13, 1987. /s/ Roger C. Byrd Representative, 153rd District Sworn to and subscribed before me, this 19th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987. WAYNE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 141 (House Bill No. 940). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Wayne County Industrial Development Authority (Res. Act No. 167; S.R. 147; Ga. L. 1964, p. 1002); to provide the authority for this Act; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That constitutional amendment creating the Wayne County Industrial Development Authority (Res. Act No. 167; S.R. 147; Ga. L. 1964, 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 given that there will be introduced at the regular 1987 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 Wayne County Industrial Development Authority (Res. Act No. 167; S.R. 147; Ga. L. 1964, p. 1002); and for other purposes. This 13th day of February, 1987. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger C. Byrd, 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 Press-Sentinel which is the official organ of Wayne County, on the following date: February 13, 1987. /s/ Roger C. Byrd Representative, 153rd District
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Sworn to and subscribed before me, this 19th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987. GLASCOCK COUNTY BOARD OF EDUCATION; ELECTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 142 (House Bill No. 944). 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 the members of the Board of Education of Glascock County by the people (Res. Act No. 214; H.R. 418-941; Ga. L. 1960, p. 1439); 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 the members of the Board of Education of Glascock County by the people (Res. Act No. 214; H.R. 418-941; Ga. L. 1960, p. 1439) 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
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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 1987 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 the election of the members of the Board of Education of Glascock County by the people (Res. Act No. 214; H.R. 418-941; Ga. L. 1960, p. 1439); and for other purposes. This 30 day of January, 1987. Charles C. Roberts GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward D. Ricketson, Jr., 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 Gibson Record and Guide which is the official organ of Glascock County, on the following date: February 6, 1987. /s/ Edward D. Ricketson, Jr. Representative, 82nd District Sworn to and subscribed before me, this 19th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
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GLASCOCK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 143 (House Bill No. 945). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Glascock County Industrial Development Authority (Res. Act No. 279; H.R. 738-1616; Ga. L. 1968, p. 1866); 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 Glascock County Industrial Development Authority (Res. Act No. 279; H.R. 738-1616; Ga. L. 1968, p. 1866) 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 1987 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 Glascock
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County Industrial Development Authority (Res. Act No. 279; H.R. 738-1616; Ga. L. 1968, p. 1866); and for other purposes. This 30 day of January, 1987. Charles C. Roberts GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward D. Ricketson, Jr., 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 Gibson Record and Guide which is the official organ of Glascock County, on the following date: February 6, 1987. /s/ Edward D. Ricketson, Jr. Representative, 82nd District Sworn to and subscribed before me, this 19th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
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WARNER ROBINS DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 144 (House Bill No. 946). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Warner Robins Development Authority (Res. Act No. 211; S. R. No. 188; Ga. L. 1964, p. 1049); 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 Warner Robins Development Authority (Res. Act No. 211; S. R. No. 188; Ga. L. 1964, p. 1049) 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 1987 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 Warner Robins Development Authority (Res. Act No. 211; S.R. 188; Ga. L. 1964, P. 1049); and for other purposes.
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This 10th day of February, 1987. Larry Walker District 115 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 To Introduce Local Legislation was published in The Houston Home Journal on the following dates: February 18, 1987. This 19th day of February, 1987. /s/ Jim Kerce mn Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this 19th day of February, 1987. /s/ Marie McLeroy Notary Public, Georgia, State at Large My Commission Expires, Sept. 16, 1990 (SEAL) Approved March 6, 1987.
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BACON COUNTY TAX FOR PROMOTING NEW INDUSTRY; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 145 (House Bill No. 955). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Bacon County to levy a tax not exceeding one mill on all of the taxable property in the county for the purpose of promoting and encouraging the location of new industries in Bacon County (Res. Act No. 44; H.R. 49-220e; Ga. L. 1953, Jan.-Feb. Sess., p. 409); 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 Bacon County to levy a tax not exceeding one mill on all of the taxable property in the county for the purpose of promoting and encouraging the location of new industries in Bacon County (Res. Act No. 44; H.R. 49-220e; Ga. L. 1953, Jan.-Feb. Sess., p. 409) 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 1987 session of the General Assembly of Georgia a bill to continue
3814
in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Bacon County to levy a tax not exceeding one mill on all of the taxable property in the county for the purpose of creating and setting aside a fund to be used in assisting, promoting, and encouraging the location of new industries in Bacon County (Res. Act No. 44; H.R. 49-220e; Ga. L. 1963, Jan.-Feb. Sess., p. 409); and for other purposes. This 6th day of Jan., 1987. Wesley Johnson, Chairman Bacon County Board of Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Alma Times-Statesman which is the official organ of Bacon County, on the following date: January 8, 1987. /s/ Tommy Smith Representative, 152nd District Sworn to and subscribed before me, this 17th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
3815
BACON INDUSTRIAL BUILDING AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 146 (House Bill No. 956). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Bacon Industrial Building Authority (Res. Act No. 161; H.R. 489-961; Ga. L. 1962, p. 849); 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 Bacon Industrial Building Authority (Res. Act No. 161; H.R. 489-961; Ga. L. 1962, p. 849) 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 1987 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 Bacon Industrial Building Authority (Res. Act. No. 161; H.R. 489-961; Ga. L. 1962, p. 849); and for other purposes.
3816
This 8th day of Jan., 1987. Wesley Johnson, Chairman Bacon County Board of Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Alma Times-Statesman which is the official organ of Bacon County, on the following date: January 8, 1987. /s/ Tommy Smith Representative, 152nd District Sworn to and subscribed before me, this 17th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
3817
OCILLA-IRWIN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 147 (House Bill No. 957). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Ocilla-Irwin County Industrial Development Authority (Res. Act No. 7; H. R. No. 27-34; Ga. L. 1964, Ex. Sess., p. 356); 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 Ocilla-Irwin County Industrial Development Authority (Res. Act No. 7; H. R. No. 27-34; Ga. L. 1964, Ex. Sess., p. 356) 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 1987 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 Ocilla-Irwin County Industrial Development Authority (Res. Act No. 7; H.R. 27-34; Ga. L. 1964, Ex. Sess., p. 356); and for other purposes.
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This 5th day of January, 1987. J. C. Harper AFFIDAVIT OF PUBLICATION GEORGIA, IRWIN COUNTY Personally appeared W. S. Bradford, Jr. before the undersigned officer authorized to administer oaths, and, after being duly sworn, says as follows: 1. That W. J. Bradford, Jr. is the editor and publisher of the Ocilla Star, the official organ of Irwin County, Georgia; 2. That on January 8, 1987 there was published as a legal advertisement a Notice of Intention to Introduce Legislation in the Ocilla Star. A true and correct copy of said advertisement is attached hereto as Exhibit A. /s/ W. S. Bradford, Jr. Editor and Publisher SWORN TO AND SUBSCRIBED BEFORE ME, THIS 16th DAY OF Feb., 1987. /s/ J. Harvey Davis NOTARY PUBLIC My Commission Expires: 2/12/90 (SEAL) Approved March 6, 1987.
3819
CHATTOOGA COUNTY TAX COMMISSIONER; FEES FOR COLLECTION OF SCHOOL TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 148 (House Bill No. 971). 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 certain disposition of fees, costs, and fines received or collected by the tax commissioner of Chattooga County from the board of education of Chattooga County (Res. Act No. 8; S.R. 163; Ga. L. 1975, p. 1672); 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 certain disposition of fees, costs, and fines received or collected by the tax commissioner of Chattooga County from the board of education of Chattooga County (Res. Act No. 8; S.R. 163; Ga. L. 1975, p. 1672) 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 1987 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
3820
Georgia that constitutional amendment providing for a certain disposition of fees, costs, and fines received or collected by the tax commissioner of Chattooga County from the board of education of Chattooga County (Res. Act No. 8; S.R. 163; Ga. L. 1975, p. 1672); and for other purposes. This 13th day of February, 1987. John G. Crawford 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 19, 1987. /s/ John G. Crawford Representative, 5th District Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
3821
CHATTOOGA COUNTY BOARD OF EDUCATION; ELECTIONS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 149 (House Bill No. 972). 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 for members of the Board of Education of Chattooga County by the people (Res. Act No. 51; H.R. 146-432; Ga. L. 1959, p. 453, as amended by Res. Act. No. 245; H.R. 675-1458; Ga. L. 1968, p. 1764); 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 for members of the Board of Education of Chattooga County by the people (Res. Act No. 51; H.R. 146-432; Ga. L. 1959, p. 453, as amended by Res. Act. No. 245; H.R. 675-1458; Ga. L. 1968, p. 1764) 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 1987 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
3822
Georgia that constitutional amendment providing for the election for members of the Board of Education of Chattooga County by the people (Res. Act No. 51; H.R. 146-432, Ga. L. 1959, p. 453, as amended by Res. Act No. 245; H.R. 675-1458; Ga. L. 1968, p. 1764); and for other purposes. This 13th day of February, 1987. John G. Crawford 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 19, 1987. /s/ John G. Crawford Representative, 5th District Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
3823
MONROE COUNTY HOMESTEAD EXEMPTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 150 (House Bill No. 973). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which increases the homestead exemption for tax purposes of certain property owned by certain residents of Monroe County (Res. Act No. 228; HR 581-1570; Ga. L. 1980, p. 2216); 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 increases the homestead exemption for tax purposes of certain property owned by certain residents of Monroe County (Res. Act No. 228; HR 581-1570; Ga. L. 1980, p. 2216) 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 1987 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 increases the
3824
homestead exemption for tax purposes of certain property owned by certain residents of Monroe County (Res. Act No. 228; HR 581-1570; Ga. L. 1980, p. 2216); to provide for authority for this Act; and for other purposes. This 13th day of February, 1987. /s/ Kenneth Waldrep Honorable 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 Monroe County Reporter which is the official organ of Monroe County, on the following date: February 18, 1987. /s/ Kenneth Waldrep Representative, 80th District Sworn to and subscribed before me, this 20th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
3825
DOWNTOWN ATHENS DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 151 (House Bill No. 975). 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 establishment of a Downtown Athens Development Authority (Res. Act No. 23; H.R. 205-781; Ga. L. 1975, p. 1698, as amended by Res. Act No. 221; H.R. 754-1946; Ga. L. 1976, p. 1912); 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 establishment of a Downtown Athens Development Authority (Res. Act No. 23; H.R. 205-781; Ga. L. 1975, p. 1698, as amended by Res. Act No. 221; H.R. 754-1946; Ga. L. 1976, p. 1912) 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 1987 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 the establishment
3826
of a Downtown Athens Development Authority (Res. Act No. 23; H.R. 205-781; Ga. L. 1975, p. 1698, as amended by Res. Act No. 221, H.R. 754-1946; Ga. L. 1976, p. 1912); and for other purposes. This 16th day of February, 1987. Downtown Athens Development Authority E. Clay Bryant P. O. Box 832 Athens, Georgia 30603 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lawton Evans Stephens, 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 Observer which is the official organ of Clarke County, on the following date: February 19, 1987. /s/ Lawton Evans Stephens Representative, 68th District Sworn to and subscribed before me, this 19th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
3827
ECHOLS COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 152 (House Bill No. 1012). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Echols County Development Authority (Res. Act No. 48; H.R. 161-313; Ga. L. 1965, p. 710); 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 Echols County Development Authority (Res. Act No. 48; H.R. 161-313; Ga. L. 1965, p. 710) 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 1987 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 Echols County Development Authority (Res. Act No. 48; H.R. 161-313; Ga. L. 1965, p. 710); and for other purposes.
3828
This 20th day of February, 1987. Henry L. Reaves State Representative District 147 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 Valdosta Daily Times which is the official organ of Echols County, on the following date: February 20, 1987. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me, this 24th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
3829
ECHOLS COUNTY JUDGE OF THE PROBATE COURT TO SERVE AS JUDGE OF THE COUNTY COURT OF ECHOLS COUNTY; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 153 (House Bill No. 1013). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that effective January 1, 1979, the judge of the Probate Court of Echols County shall be also the judge of the County Court of Echols County and to provide for the compensation of said officer until otherwise provided by law (Res. Act No. 187; H.R. 804-2013; Ga. L. 1976, p. 1821); 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 effective January 1, 1979, the judge of the Probate Court of Echols County shall be also the judge of the County Court of Echols County and to provide for the compensation of said officer until otherwise provided by law (Res. Act No. 187; H.R. 804-2013; Ga. L. 1976, p. 1821) 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 1987 session of the General Assembly of Georgia a bill to continue
3830
in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that effective January 1, 1979, the Judge of the Probate Court of Echols County shall be also the Judge of the County Court of Echols County and to provide for the compensation of said officer until otherwise provided by law (Res. Act No. 187; H.R. 804-2013; Ga. L. 1976, p. 1821); and for other purposes. This 20th day of February, 1987. HENRY L. REAVES STATE REPRESENTATIVE DISTRICT 147 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 Valdosta Daily Times which is the official organ of Echols County, on the following date: February 20, 1987. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me, this 24th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
3831
CITY OF ALBANY AND DOUGHERTY COUNTY SCHOOL SYSTEMS; MERGER; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 154 (House Bill No. 1059). 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 pass a special Act to merge the existing independent school system of the City of Albany and the existing school district in the County of Dougherty lying outside the corporate limits of said city into one school district co-extensive with the limits of Dougherty County (Res. Act No. 76; H.R. 124-784b; Ga. L. 1950, p. 465); 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 pass a special Act to merge the existing independent school system of the City of Albany and the existing school district in the County of Dougherty lying outside the corporate limits of said city into one school district co-extensive with the limits of Dougherty County (Res. Act No. 76; H.R. 124-784b; Ga. L. 1950, p. 465) 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
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Notice is given that there will be introduced at the regular 1987 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 pass a special Act to merge the existing independent school system of the City of Albany and the existing school district in the County of Dougherty lying outside the corporate limits of said city into one school district co-extensive with the limits of Dougherty County (Res. Act No. 76; H.R. 124-784b; Ga. L. 1950, p. 465); and for other purposes. This 2nd day of January, 1987. Tommy Chambless Representative, District 133 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: January 2, 1987. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 12th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
3833
DOUGHERTY COUNTY GARBAGE COLLECTION FRANCHISES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 155 (House Bill No. 1060). 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 Dougherty County to grant exclusive franchises for the collection of garbage in the unincorporated areas of Dougherty County (Res. Act No. 167; H.R. 568-1705; Ga. L. 1974, p. 1770); 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 Dougherty County to grant exclusive franchises for the collection of garbage in the unincorporated areas of Dougherty County (Res. Act No. 167; H.R. 568-1705; Ga. L. 1974, p. 1770) 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 1987 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
3834
Georgia that constitutional amendment authorizing the governing authority of Dougherty County to grant exclusive franchises for the collection of garbage in the unincorporated areas of Dougherty County (Res. Act No. 167; H.R. 568-1705; Ga. L. 1974, p. 1770); and for other purposes. This 2nd day of January, 1987. Tommy Chambless Representative, District 133 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: January 2, 1987. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 12th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
3835
DOUGHERTY COUNTY TAX COLLECTIONS AND ASSESSMENTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 156 (House Bill No. 1062). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment abolishing the office of Tax Commissioner of the County of Dougherty and delegating to the governing authority of Dougherty County the authority to merge and consolidate the Board of Tax Assessors and the departments, officers, and functions of the County of Dougherty relating to the return and assessment of property for taxation (Res. Act No. 121; H.R. 569-1705; Ga. L. 1974, p. 1654); 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 abolishing the office of Tax Commissioner of the County of Dougherty and delegating to the governing authority of Dougherty County the authority to merge and consolidate the Board of Tax Assessors and the departments, officers, and functions of the County of Dougherty relating to the return and assessment of property for taxation (Res. Act No. 121; H.R. 569-1705; Ga. L. 1974, p. 1654) 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
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Notice is given that there will be introduced at the regular 1987 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 abolishing the office of Tax Commissioner of the County of Dougherty and delegating to the governing authority of Dougherty County the authority to merge and consolidate the Board of Tax Assessors and the departments, officers, and functions of the County of Dougherty relating to the return and assessment of property for taxation (Res. Act No. 121; H.R. 569-1705; Ga. L. 1974, p. 1654); and for other purposes. This 2nd day of January, 1987. Tommy Chambless Representative, District 133 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: January 2, 1987. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 12th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
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CITY OF ALBANY BONDS; WATERWORKS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 157 (House Bill No. 1065). 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 Albany to increase its bonded indebtedness, in addition to the amount of debts heretofore allowed under the Constitution, under certain circumstances, for the purpose of purchasing, erecting, building, repairing, and maintaining a waterworks system (Res. Act No. 363; Ga. L. 1937, p. 7); 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 Albany to increase its bonded indebtedness, in addition to the amount of debts heretofore allowed under the Constitution, under certain circumstances, for the purpose of purchasing, erecting, building, repairing, and maintaining a waterworks system (Res. Act No. 363; Ga. L. 1937, p. 7) 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 1987 session of the General Assembly of Georgia a bill to continue
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in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Albany to increase its bonded indebtedness, in addition to the amount of debts heretofore allowed under the Constitution, under certain circumstances, for the purpose of purchasing, erecting, building, repairing, and maintaining a waterworks system (Res. Act No. 363, Ga. L. 1937, p. 7); and for other purposes. This 13th day of January, 1987. JAMES V. DAVIS City Attorney 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: January 16, 1987. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
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CITY OF ALBANY AND DOUGHERTY COUNTY SEWAGE SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 158 (House Bill No. 1067). 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 establishment of a sewage system in the city of Albany and Dougherty County and providing for the financing of such sewage system and a sewage disposal plant and for the assessment of the cost of such sewers (Res. Act No. 109; H.B. 84-214i; Ga. L. 1956, p. 467); 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 establishment of a sewage system in the City of Albany and Dougherty County and providing for the financing of such sewage system and a sewage disposal plant and for the assessment of the cost of such sewers (Res. Act No. 109; H.B. 84-214i; Ga. L. 1956, p. 467) 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 1987 session of the General Assembly of Georgia a bill to continue
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in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the establishment of a sewage system in the City of Albany and Dougherty County and providing for the financing of such sewage system and a sewage disposal plant and for the assessment of the cost of such sewers (Res. Act No. 109; H.B. 84-214i; Ga. L. 1956, p. 467); and for other purposes. This 2nd day of January, 1987. Tommy Chambless Representative, District 133 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: January 2, 1987. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 12th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
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CITY OF ALBANY AND DOUGHERTY COUNTY SEWAGE SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 159 (House Bill No. 1066). 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 establishment of a sewage system in the City of Albany and Dougherty County and the authority for the City of Albany to contract with Dougherty County with respect to a sewage system, including a sewage disposal plant; and providing for the financing and assessment of the cost of such sewers (Res. Act No. 83; H.R. 77-214b; Ga. L. 1956, p. 424); 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 establishment of a sewage system in the City of Albany and Dougherty County and the authority for the City of Albany to contract with Dougherty County with respect to a sewage system, including a sewage disposal plant; and providing for the financing and assessment of the cost of such sewers (Res. Act No. 83; H.R. 77-214b; Ga. L. 1956, p. 424) 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
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Notice is given that there will be introduced at the regular 1987 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 the establishment of a sewage system in the City of Albany and Dougherty County and the authority for the City of Albany to contract with Dougherty County with respect to a sewage system, including a sewage disposal plant; and providing for the financing and assessment of the cost of such sewers (Res. Act No. 83; H.R. 77-214b; Ga. L. 1956, p. 424); and for other purposes. This 13th day of January, 1987. JAMES V. DAVIS City Attorney 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: January 16, 1987. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 6, 1987.
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DOUGHERTY COUNTY BOARD OF EDUCATION; COMPOSITION; ELECTIONS; DISTRICTS; COMPENSATION; REFERENDUM. No. 164 (House Bill No. 1063). AN ACT To amend an Act creating the Dougherty County School System, approved February 5, 1951 (Ga. L. 1951, p. 2233), as amended by an Act approved March 9, 1959 (Ga. L. 1959, p. 2314), an Act approved April 9, 1963 (Ga. L. 1963, p. 3303), an Act approved January 24, 1964 (Ga. L. 1964, p. 2006), and an Act approved February 1, 1980 (Ga. L. 1980, p. 3007), so as to provide for the election of the Dougherty County Board of Education; to provide for the composition of the board; to provide for the qualifications of members; to specify certain education districts; to provide for terms of office of the members of the board; to provide for succession; to provide for the filling of vacancies; to provide for the compensation of the members of the board; to provide for the selection of a chairman and the term of office; to provide for special meetings; to provide for contracts and expenditures; to delete certain obsolete provisions; to continue in office the present members of the board until the election and qualification of their successors as provided in this Act; to provide for all 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 creating the Dougherty County School System, approved February 5, 1951 (Ga. L. 1951, p. 2233), as amended by an Act approved March 9, 1959 (Ga. L. 1959, p. 2314), an Act approved April 9, 1963 (Ga. L. 1963, p. 3303), an Act approved January 24, 1964 (Ga. L. 1964, p. 2006), and an Act approved February 1, 1980 (Ga. L. 1980, p. 3007), is amended by adding a new section after Section 5 thereof, to be designated Section 5A, to read as follows: Section 5A. (a) The administration of the Dougherty County School System is vested in a board to be known as the Dougherty County Board of Education.
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(b) The Dougherty County Board of Education shall be composed of seven members. Six members shall be elected from education districts composed of portions of the Dougherty County school district as provided in this Act, and the seventh member shall be elected from the school district at large. The at-large member of the board shall be elected by the qualified electors of the entire school district. Each of the other members shall be elected by the qualified electors of the Dougherty County school district residing within his respective education district. All of such members shall be elected at the times and in the manner provided for in this section and in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code,' as now or hereafter amended. (c) All members of the board of education shall be qualified electors of Dougherty County, at least 25 years of age, and shall have been a resident of their respective education district for at least one year prior to the date of taking office; provided, however, that all members shall have been residents of Dougherty County for at least two years prior to the date of taking office. In the event the at-large member ceases to be a resident of the Dougherty County school district during his term of office or in the event any one of the district members ceases to be a resident of his respective education district during his term of office, a vacancy shall thereby be created and shall be filled in accordance with the provisions of subsection (i) of this section. (d) For the purpose of electing the members of the board of education, other than the at-large member, the Dougherty County school district is divided into six education districts as follows: (1) Education District 1 shall consist of the following described area of Dougherty County: Commencing at the intersection of the center line of Slappey Boulevard and the north Dougherty County line; thence running in a westerly direction along the north Dougherty County line to the center line of Cambridge Road; thence running in a southerly direction along the center line of Cambridge Road to the center line of
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Northgate Road; thence running in a southerly direction along the center line of Northgate Road to the center line of Old Dawson Road; thence running in a westerly direction along the center line of Old Dawson Road to the center line of East Doublegate Road; thence running in a southerly direction along the center line of East Doublegate Road to the center line of Weymouth Road; thence running in a southerly direction along the center line of Weymouth Road to the center line of Gillionville Road; thence running in a westerly direction along the center line of Gillionville Road to the center line of Cooleewahee Creek; thence running in a southerly direction along the center line of Coolleewahee Creek to the center line of the Central of Georgia Railroad track; thence running north easterly along the center line of the Central of Georgia Railroad track to the center line of Westover Road; thence running in a southerly direction along the center line of Westover Road to the center line of Gordon Avenue; thence running in a north easterly direction along the center line of Gordon Avenue to the center line of Elm Street; thence running in a southerly direction along the center line of Elm Street to the center line of Jones Avenue; thence running in an easterly direction along the center line of Jones Avenue to the center line of Walnut Street; thence running in a southerly direction along the center line of Walnut Street to the center line of Waddell Avenue; thence running in an easterly direction along the center line of Waddell Avenue to the center line of Slappey Boulevard; thence running in a northerly direction along Slappey Boulevard to the center line of Lincoln Avenue; thence running in an easterly direction along the center line of Lincoln Avenue to the center line of McKinley Street; thence running in a northerly direction along the center line of McKinley Street to the center line of Oglethorpe Boulevard (S.R. 82); thence running in a westerly direction along the center line of Oglethorpe Boulevard (S.R. 82) to the center line of Slappey Boulevard; thence running in a northerly direction along the center line of Slappey Boulevard to the center line of Gillionville Road; thence running in a north westerly direction along the center line of Gillionville Road to the center line of Meadowlark Drive; thence running in a northerly direction along the center line of Meadowlark
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Drive to the center line of Kenilworth Drive; thence running in an easterly direction along the center line of Kenilworth Drive to the center line of Lullwater Road; thence running in a northeasterly direction along the center line of Lullwater Road to the center line of Dawson Road; thence running in a north westerly direction along the center line of Dawson Road to the center line of Whispering Pines Road; thence running in an easterly direction along the center line of Whispering Pines Road to the center line of Homewood Drive; thence running in a northerly direction along the center line of Homewood Drive to the center line of Stuart AVenue; thence running at an easterly direction along the center line of Stuart Avenue to the center line of Slappey Boulevard; thence running at a northerly direction along the center line of Slappey Boulevard to the center line of north Dougherty County line. (2) Education District 2 shall consist of the following described area of Dougherty County: Commencing at the intersection of the center line of Oglethorpe Boulevard (S.R. 82) and Front Street; thence running in an easterly direction along the center line of Oglethorpe Boulevard (S.R. 82) to the center line of the Seaboard Coastline Railroad track; thence running in a southerly direction along the center line of the Seaboard Coastline Railroad track to the center line of School Bus Road; thence running in a westerly direction along the center line of School Bus Road to the center line of Radium Springs Road (Dixie Highway); thence running in a southerly direction along the center line of Radium Springs Road (Dixie Highway) to a point north of the Seaboard Coastline Railroad track which intersects Radium Springs Road (Dixie Highway), located in Land Lot 247, First Land District; thence running in a westerly direction north of the railroad track to the center line of the Flint River; thence running in a northerly direction along the center line of the Flint River to the center line of Twin Flower Road; thence running in a north westerly direction along the center line of Twin Flower Road to the center line of Sweetbriar Road; thence running in a westerly direction along the center line of Sweetbriar Road to the
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center line of Lilly Pond Road; thence running in a westerly direction along the center line of Lilly Pond Road to the intersection of Newton Road (S.R. 91); thence running in a north easterly direction along the center line of Newton Road (S.R. 91) to the center line of Jefferies Avenue; thence running in an easterly direction along the center line of Jefferies Avenue to the center line of Martin Luther King Jr., Drive; thence running in a southerly direction along the center line of Martin Luther King Jr. Drive to the center line of Alice Avenue; thence running in an easterly direction along the center line of Alice Avenue to the center line of Jackson Street; thence running in a northerly direction along the center line of Jackson Street to the center line of Front Street; thence running in a northerly direction along the center line of Front Street to the center line of Mercer Avenue; thence running in an easterly direction along the center line of Mercer Avenue to the center line of Front Street; thence running in a northerly direction along the center line of Front Street to the center line of Oglethorpe Boulevard (S.R. 82). (3) Education District 3 shall consist of the following described area of Dougherty County: Commencing at the intersection of the center line of Liberty Expressway and Jefferson Street; thence running in a south easterly direction along the center line of Liberty Expressway to a point on the north Land Lot Line of Land Lot 200, First Land District; thence running in an easterly direction along the north line of Land Lot 200 to the center line of Turner Field Road; thence running in a northerly direction along the center line of Turner Field Road to the center line of D. C. Schilling Drive; thence running in a northerly direction through Land Lot 194 and Land Lot 292, First Land District to the center line of the City of Albany city limits line; thence running in a north easterly direction along the center line of the City of Albany city limits line to the center line of the Flint River in Land Lot 290, First Land District; thence running in an easterly direction down the center line of the Flint River passing through Land Lots 290, 288, 287, 286, 285, 121 and 119, First Land District,
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intersecting at the City of Albany city limits line located in Land Lot 121, First Land District; thence running in a south westerly direction along the center line of the City of Albany city limits line to the center line of McCollum Drive; thence running in a southerly direction along the center line of McCollum Drive to the center line of Cordele Road (S.R. 300); thence running in a south westerly direction along the center line of Cordele Road (S.R. 300) to the center line of Clark Avenue; thence running at a westerly direction along the center line of Clark Avenue to the center line of Acorn Street; thence running in a southerly direction along the center line of Acorn Street to the center line of Broad Avenue; thence running in a westerly direction along the center line of Broad Avenue to the center line of Liberty Expressway; thence running in a southerly direction along the center line of Liberty Expressway to the center line of Oglethorpe Boulevard (S.R. 82); thence running in a westerly direction along the center line of Oglethorpe Boulevard (S.R. 82) to the center line of Front Street; thence running in a southerly direction along the center line of Front Street to the center line of Mercer Avenue; thence running in a westerly direction along the center line of Mercer Avenue to the center line of Front Street; thence running in a southerly direction along the center line of Front Street to the center line of Jackson Street; thence running in a southerly direction along the center line of Jackson Street to the center line of Alice Avenue; thence running in a westerly direction along the center line of Alice Avenue to the intersection of Martin Luther King Jr., Drive; thence running in a northerly direction along the center line of Martin Luther King Jr., Drive to the center line of Holloway Avenue; thence running in a westerly direction along the center line of Holloway Avenue to the center line of Monroe Street; thence running in a northerly direction along the center line of Monroe Street to the center line of Oglethorpe Boulevard (S.R. 82); thence running in a westerly direction along the center line of West Oglethorpe Boulevard (S.R. 82) to the center line of Slappey Boulevard; thence running in a northerly direction along the center line of Slappey Boulevard to the center line of Third Avenue; thence running in a easterly direction along the center line of Third Avenue to the center line
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of Jefferson Street; thence running in a northerly direction along the center line of Jefferson Street to the center line of Liberty Expressway. (4) Education District 4 shall consist of the following described area of Dougherty County: Commencing at the intersection of the center line of Liberty Expressway and Jefferson Street; thence running in a south easterly direction along the center line of Liberty Expressway to a point on the north Land Lot line of Land Lot 200, First Land District; thence running in an easterly direction along the north line of Land Lot 200 to the center line of Turner Field Road; thence running in a northerly direction along the center line of Turner Field Road to the center line of D. C. Schilling Drive; thence running in a northerly direction through Land Lot 194 and Land Lot 292, First Land District to the center line of the City of Albany city limits line; thence running in a north easterly direction along the center line of the City of Albany city limits line to the center line of the Flint River in Land Lot 290, First Land District; thence running in an easterly direction down the center line of the Flint River passing through Land Lots 290, 288, 287, 286, 285, 121, 119, 282 and 81, all located in the First Land District to the north Dougherty County line, where the Fifteenth Land District and the First Land District intersect; thence running in a westerly direction along the center line of the north Dougherty County line to the center line of Slappey Boulevard; thence running in a southerly direction along the center line of Slappey Boulevard to the center line of Stuart Avenue; thence running in a westerly direction along the center line of Stuart Avenue to the center line of Homewood Drive; thence running in a southerly direction along the center line of Homewood Drive to the center line of Whispering Pines Road; thence running in a westerly direction along the center line of Whispering Pines Road to the center line of Dawson Road; thence running in a south easterly direction along the center line of Dawson Road to the center line of Lullwater Road; thence running in a south westerly direction along the center line of Lullwater Road to the center line of Kenilworth
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Drive; thence running in a westerly direction along the center line of Kenilworth Drive to the center line of Meadowlark Drive; thence running in a southerly direction along the center line of Meadowlark Drive to the center line of Gillionville Road; thence running in an easterly direction along the center line of Gillionville Road to the center line of Slappey Boulevard; thence running in a northerly direction along the center line of Slappey Boulevard to the center line of Third Avenue; thence running in an easterly direction along the center line of Third Avenue to the center line of Jefferson Street; thence running in a northerly direction along the center line of Jefferson Street to the center line of Liberty Expressway. (5) Education District 5 shall consist of the following described area of Dougherty County: Commencing at the intersection of the center line of the north Dougherty County line and Cambridge Road; thence running in a westerly direction along the north Dougherty County line and southerly along the Dougherty County line and easterly along the Doutherty County line to the center line of Radium Springs Road (Dixie Highway); thence running in a northerly direction along the center line of Radium Springs Road (Dixie Highway) to a point north of the Seaboard Coastline Railroad track which intersects Radium Springs Road (Dixie Highway) in Land Lot 247, First Land District; thence running in a westerly direction to the center line of the Flint River; thence running in a northerly direction along the center line of the Flint River to the center line of Twin Flower Road; thence running in a north westerly direction along the center line of Twin Flower Road to the center line of Sweetbriar Road; thence running in a southerly direction along the center line of Sweetbriar Road to the center line of Lilly Pond Road; thence running in a westerly direction along the center line of Lilly Pond Road to the center line of Newton Road (S.R. 91); thence running in a north easterly direction along the center line of Newton Road (S.R. 91) to the center line of Jefferies Avenue; thence running in an easterly direction along the center line of Jefferies Avenue to the center line of Martin Luther King Jr., Drive; thence running in a northerly direction
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along the center line of Martin Luther King Jr., Drive to the center line of Holloway Avenue; thence running in a westerly direction along the center line of Holloway Avenue to the center line of Monroe Street; thence running in a northerly direction along the center line of Monroe Street to the center line of Oglethorpe Boulevard (S.R. 82); thence running in a westerly direction along the center line of Oglethorpe Boulevard (S.R. 82) to the center line of McKinley Street; thence running in a southerly direction along the center line of McKinley Street to the center line of Lincoln Avenue; thence running in a westerly direction along the center line of Lincoln Avenue to the center line of Slappey Boulevard; thence running in a southerly direction along the center line of Slappey Boulevard to the center line of Waddell Avenue; thence running in a westerly direction along the center line of Waddell Avenue to the center line of Walnut Street; thence running in a northerly direction along the center line of Walnut Street to the center line of Jones Avenue; thence running in a westerly direction along the center line of Jones Avenue to the center line of Elm Street; thence running in a northerly direction along the center-line of Elm Street to the center line of Gordon Avenue; thence running in a westerly direction along the center line of Gordon Avenue to the center line of Westover Road; thence running in a northerly direction along the center line of Westover Road to the center line of the Central of Georgia Railroad; thence running in a southerly direction along the center line of the Central of Georgia Railroad to the center line of the Cooleewahee Creek; thence running in a northerly direction along the center line of the Cooleewahee Creek to the center line of the Gillionville Road; thence running in an easterly direction along the center line of the Gillionville Road to the center line of Weymouth Road; thence running in a northerly direction along the center line of Weymouth Road to the center line of East Doublegate Road; thence running in a northerly direction along the center line of the East Doublegate Road to the center line of Old Dawson Road; thence running in an easterly direction along the center line of Old Dawson Road to the center line of Northgate Road; thence running in a northerly direction along the center line of Northgate Road to the center line of Cambridge
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Road; thence running in a northerly direction along the center line of Cambridge Road to the center line of the Dougherty County line. (6) Education District 6 shall consist of the following described area of Dougherty County: Commencing at the intersection of the Dougherty County line where the Fifteenth Land District intersects with the First Land District; thence running in a north easterly direction along the center line of the Dougherty County line; thence south westerly along the Dougherty County line; thence easterly along the center line of the Dougherty County line; thence southerly along the center line of the Dougherty County line; thence easterly along the center line of the Dougherty County line; thence southerly along the center line of the Dougherty County line; thence westerly along the center line of the Dougherty County line; thence southerly along the center line of the Dougherty County line; thence easterly along the center line of the Dougherty County line; thence southerly along the center line of the Dougherty County line; thence westerly along the center line of the Dougherty County line; thence southerly along the center line of the Dougherty County line, thence westerly along the center line of the Dougherty County line to the center line of Radium Springs Road (Dixie Highway); thence running northerly along the center line of Radium Springs Road (Dixie Highway) to the center line of School Bus Road; thence running easterly along the center line of School Bus Road to the center line of Seaboard Coastline Railroad track; thence running northerly along the center line of the Seaboard Coastline Railroad track to the center line of Oglethorpe Boulevard (S.R. 82); thence running in an easterly direction along the center line of Oglethorpe Boulevard (S.R. 82) to the center line of Liberty Expressway; thence running in a northerly direction along the center line of Liberty Expressway to the center line of Broad Avenue; thence running in an easterly direction along the center line of Broad Avenue to the center line of Acorn Street; thence running in a northerly direction along the center line of Acorn Street to the center line of Clark Avenue; thence running in an easterly direction along the center
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line of Clark Avenue to the center line of Cordele Road (S.R. 300); thence running in a north easterly direction along the center line of Cordele Road (S.R. 300) to the center line of McCollum Drive; thence running northerly along the center line of McCollum Drive to the center line of the city limits; thence running in a north easterly direction along the center line of the city limits to the center line of the Flint River in Land Lot 121 of the First Land District; thence running in a north easterly direction along the center line of the Flint River passing through Land Lots 121, 119, 282, and 81 of the First Land District to the center line of the Dougherty County line where the Fifteenth Land District and the First Land District intersect. (7) Unless otherwise specified in the above-described Education Districts, all boundary lines are deemed to be located on the center lines of the streets. (8) In the event any portion of Dougherty County is not included in any of the above-described Education Districts, then such portion shall be placed in that Education District contiguous to such portion which has the least population according to the United States decennial census of 1980 or any future such census. (e) The seven members serving on the board of education on the effective date of this Act shall continue to serve until December 31, 1988. At the 1988 general election the seven members representing the above-described education districts shall be elected and shall take office January 1, 1989. The at-large member and the three members representing Education Districts 1, 3, and 5 shall be elected for terms of four years and until the election and qualification of their respective successors. The three members representing Education Districts 2, 4, and 6 shall be elected for terms of two years and until the election and qualification of their respective successors. Successors to the members of the board shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until the election and qualification of their respective successors.
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(f) The chairman shall be compensated in the amount of $300.00 per month and each other member of the board of education shall be compensated in the amount of $250.00 per month. The chairman and members of the board shall be reimbursed for their actual expenses incurred upon the business of the board according to guidelines established by the board. (g) Upon being called together by someone of their number, the members of the county board shall organize by selecting one of their number as chairman and one of their number as vice chairman who shall serve for terms of two years. At the organizational meeting or as soon thereafter as practicable, the chairman shall make appointments of members of the board to standing committees of the board. In addition to other committees appointed by the chairman, there shall be standing committees with jurisdiction in each of the following subject areas: instructional services; finance; building and grounds; personnel; transportation; and athletics. Vacancies on the board's committees may be filled at any time by the chairman. (h) Special meetings of the board may be called by the chairman or upon the written request of a majority of the members of the board. The board may hold special meetings upon 24 hours' written notice to its members. (i) In the event of a vacancy in the membership of the board of education because of death, resignation, removal of residency from the school district or education district, or for any other reason, the election superintendent, within ten days after the occurrence of the vacancy, shall issue the call for a special election, to be held in accordance with the general law regarding special elections, for the purpose of filling the vacancy; provided, however, if a vacancy occurs at any time during a period not to exceed one year prior to the expiration of the term, the remaining members of the board of education, within 30 days after the occurrence of the vacancy, shall appoint a qualified person to fill the vacancy for the unexpired term. When a vacancy occurs in the office of a member, the person appointed or elected to fill the vacancy shall be subject to the same qualifications as required of other persons elected to that office.
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Section 2. Said Act is further amended by striking Section 5 and Section 6 thereof in their entirety. Section 3. Said Act is further amended by striking Section 11 in its entirety and substituting in lieu thereof a new Section 11 to read as follows: Section 11. That the superintendent of education may make contracts for supplies, labor, repairs, and other necessary school purposes, binding said merged school system where the expenditure involved does not exceed the amount of $2,500.00. All expenditures for such purposes in excess of that amount must be first authorized by resolution adopted at a regular or special meeting of the board. No purchase involving an expenditure of more than $3,000.00 shall be made in any case without an opportunity for competitive bids. No contracts in excess of $10,000.00 for construction, alteration, or repair of buildings, or installation of equipment, which involve the doing of labor or the furnishing of materials shall be entered into by said board without taking the statutory performance bond required of counties and cities by the laws of said state in such cases. All disbursements of said merged system shall be paid by check signed by the superintendent. In case of absence or disability of the superintendent, the board may designate a person to perform the disbursement duties of the superintendent required by this Act, provided adequate bond is given. All contracts, bonds, and other evidences of indebtedness shall be executed by the chairman and superintendent of the board of education in the name of Dougherty County School System; except that contracts with teachers and other personnel shall, when authorized by said board, be executed by the superintendent of education alone. Contracts of the board with the superintendent of education shall be signed by the chairman and the vice chairman of the board. Section 4. Each member of the Dougherty County Board of Education in office on the effective date of this Act shall remain in office until the election and qualification of his successor as provided in this Act.
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Section 5. It shall be the duty of the election superintendent of Dougherty County to issue the call for a special election for the purpose of submitting this Act to the electors of Dougherty County for approval or rejection. The superintendent shall set the date of such election for the Tuesday next following the first Monday in November of 1987. 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 Dougherty County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the election of the Dougherty County School Board 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 Dougherty 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 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating the Dougherty County School System, approved February 5, 1951 (Ga. L. 1951, p. 2233), as amended, so as to provide for the election of the Dougherty County Board of Education; to provide for the compensation of the board; to specify certain education districts; to provide for terms of office; and for other purposes.
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This 8th day of January, 1987. Honorable John White Representative, 132nd District January 8, 1987 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John White, who, on oath, deposes and says that he is Representative from the 132nd 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: January 8, 1987. /s/ John White Representative, 132nd District Sworn to and subscribed before me, this 14th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 11, 1987.
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BLECKLEY COUNTY COMMISSIONER; COMPENSATION. No. 167 (House Bill No. 206). AN ACT To amend an Act creating the office of commissioner of Bleckley County, approved August 18, 1913 (Ga. L. 1913, p. 345), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3955), so as to change the provisions relating to the compensation 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 commissioner of Bleckley County, approved August 18, 1913 (Ga. L. 1913, p. 345), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3955), is amended by striking subsection (a) of Section 9 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The compensation of the commissioner of Bleckley County shall be equal to the compensation paid from time to time to the sheriff of Bleckley County, and when the compensation of the sheriff is changed, the compensation of the commissioner shall be changed in the same amount and at the same time as the change in the compensation of the sheriff. The compensation provided for in this subsection shall be the total compensation received by the commissioner of Bleckley County and shall be paid from the funds of Bleckley County on a semimonthly or monthly basis as may be determined by the commissioner. The commissioner may be reimbursed for actual and necessary expenses incurred by said officer in carrying out official duties as commissioner. The procedures and requirements for the reimbursement of such expenses shall be as provided by ordinance adopted for such purpose by the commissioner. 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.
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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 1987 session of the General Assembly of Georgia a bill to amend an Act creating the office of Commissioner of Bleckley County, approved August 18, 1913 (Ga. L. 1913, p. 345), as amended; and for other purposes. This 2nd day of January, 1987. /s/Newt Hudson Representative, 117th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. N. Hudson, who, on 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 Cochran Journal which is the official organ of Bleckley County, on the following date: January 7, 1987. /s/ W. N. Hudson Representative, 117th District Sworn to and subscribed before me, this 13th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 11, 1987.
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COBB COUNTY CHIEF DEPUTY SHERIFF; CHIEF INVESTIGATOR; COMPENSATION. No. 170 (House Bill No. 898). 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, so as to change the salary of the chief deputy sheriff of Cobb County; to change 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, is amended by striking subsections (b) and (c) of Section 5, relating to the sheriff and the sheriff's department, and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $48,600.00 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
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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 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 $47,500.00 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia, a
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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. 428) 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 5th day of January, 1987. Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Atkins, 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 9, 1987. /s/ Bill Atkins Representative, 21st District
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Sworn to and subscribed before me, this 6th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 11, 1987 COBB COUNTY SHERIFF; EXECUTIVE SECRETARY. No. 171 (House Bill No. 899). 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, so as to provide for an executive secretary for the sheriff; to provide for the qualifications and supervision of the executive secretary; to provide for the compensation of the executive secretary; 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, is amended by adding at the end of Section 5 a new subsection (d) to read as follows: (d) In addition to those employees provided for in subsections (b) and (c) of this section, there is created the position of executive secretary to the sheriff. The executive secretary shall be appointed by the sheriff, shall be under his direct
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supervision and control, and shall serve at the pleasure of the sheriff. The sheriff shall establish such qualifications, education, and experience as he deems necessary for the individual appointed to the position of executive secretary. The salary of the executive secretary shall be $27,500.00 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 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 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 5th day of January, 1987. Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN
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JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Atkins, 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 9, 1987. /s/ Bill Atkins Representative, 21st District Sworn to and subscribed before me, this 6th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 11, 1987. CITY OF BARNESVILLE NEW CHARTER. No. 172 (House Bill No. 1015). AN ACT To provide a new charter for the City of Barnesville; to provide for incorporation, boundaries, and powers of the city; to provide
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for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; 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. Incorporation. This city and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style Barnesville, 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 Appendix A attached hereto. (b) The city council may provide for changes in Appendix A 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
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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. Section 1.13. Examples of Powers. (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 hereunder; (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 licenses after due process for failure to pay any city taxes or fees;
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(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 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 firefighting; 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 within the city and 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; (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
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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 the 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 the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;
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(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, 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; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (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 esthetically 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; (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,
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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; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for 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, within 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 of the city; and to negotiate and
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execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses 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 and for private use; 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, charge, or 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 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 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,
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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 of 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; (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; 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 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
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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. 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 in a city council to be composed of a mayor and five councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter. For the purpose of electing the councilmembers, the city shall be divided into five wards which shall be described and set forth in Appendix B attached hereto. Section 2.11. City council terms and qualifications for office. The mayor and 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 shall have been a resident of the city or of the respective ward immediately prior to the date of the election of mayor or members of the city council; each member of the city council shall continue to reside within the ward such member represents and the mayor shall continue to reside within the city during his period of service and shall be registered and qualified to vote in municipal elections of this city. Section 2.12. Vacancy; filling of vacancies; suspensions. (a) VacanciesThe 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. A vacancy in the office of mayor or councilmember shall be filled for the
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remainder of the unexpired term, if any, as provided for in this charter. (b) SuspensionUpon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and 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. Conflicts of interest; holding other offices. (a) Conflict of interestNo 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, thing, or promise, from any person, firm, or corporation which to his knowledge is interested, directly
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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 interest 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) DisclosureAny 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 councilmember 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) Use of public propertyNo 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) Contracts voidable and rescindableAny 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.
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(e) Ineligibility of elected officialExcept where authorized by law, neither the mayor nor any councilmember 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 councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which he was elected. (f) Political activities of certain officers and employeesNo 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) 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 office or position. (2) Any officer or employee of the city who shall forfeit his 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 2.15. 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 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 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
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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 October first. 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 three 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 councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may 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 fully as is reasonably possible one day prior to such meetings.
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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. (a) Four councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. For purposes of a quorum, the mayor shall count as a councilmember. 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 four councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 2.22. Ordinance form; procedures. (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 Barnesville 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; 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
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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 three councilmembers 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 councilmembers 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 still exists. An emergency ordinance shall 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: (1) the requirements of subsection (b) of Section 2.22 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,
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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. 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 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 Barnesville, 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 changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.27. City administrator; appointment; qualifications; compensation. The city council shall appoint a city administrator for an indefinite term and shall fix his compensation. The administrator shall be appointed solely on the basis of his executive and administrative qualifications.
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Section 2.28. Removal of city administrator. (a) The city council may remove the administrator 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 administrator from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the administrator; (2) Within five days after a copy of the resolution is delivered to the administrator, he may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The administrator may file with the council a written reply not later than five days before the hearing; (3) If the administrator has not requested a public hearing within the time specified in paragraph (2) above, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city administrator has requested a public hearing, the city council may adopt a final resolution at any time after the public hearing by an affirmative vote of all its members, provided due cause is shown as outlined in Personnel System, Article V, Section 2. (b) The administrator shall continue to receive his salary until the effective date of the final resolution for removal. Section 2.29. Acting city administrator. By letter filed with the city clerk, the administrator shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of administrator during his 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 administrator shall return or his disability shall cease. Section 2.30. Powers and duties of the city administrator. The city administrator shall be the chief administrative officer
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of the city. He shall be responsible to the city council for the administration of all city affairs placed in his charge by or under this charter. He shall have the following powers and duties: (1) He shall appoint, and when he deems it necessary for the good of the city, suspend, or remove all city employees and administrative officers he appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) He shall direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) He shall attend all city council meetings and shall have the right to take part in discussion but he may not vote; (4) He shall see that all laws, provisions of this charter, and acts of the city council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed; (5) He shall prepare and submit the annual operating budget and capital budget to the city council; (6) He shall submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) He shall make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to his direction and supervision; (8) He shall 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 deems desirable;
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(9) He shall perform other such duties as are specified in this charter or as may be required by the city council. Section 2.31. Council interference with administration. Except for the purpose of inquiries and investigations under Section 2.15, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the administrator solely through the administrator, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. Section 2.32. Selection of mayor pro tempore. By a majority vote of all its members, the city council shall elect a councilmember to serve as mayor pro tempore, and he shall serve at the pleasure of the city council. He shall continue to vote and otherwise participate as councilmember. Section 2.33. 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 power to administer oaths and to take affidavits; and (4) Sign as a matter of course all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing. Section 2.34. 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 reason, any one of the councilmembers chosen by a majority vote of the city council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers.
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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 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 supervisors 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 supervisors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a supervisor of each department or agency who shall be its principal officer. Each supervisor shall, subject to the direction and supervision of the city administrator, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All supervisors under the supervision of the city administrator shall be nominated by the city administrator with confirmation of appointment by the city council. The city administrator may suspend or remove supervisors under his supervision by giving written notice of such action and the reason therefor to the supervisor involved and to the city council. The supervisor involved may appeal to the city council which, after a hearing, may override the city administrator's action by a vote of four 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 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
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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. (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 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 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 by a majority vote 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
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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 city administrator 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 administrator 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 city administrator 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 3.15 . City accountant. The city administrator shall appoint a city accountant and other related personnel to perform the duties as required. Section 3.16 . Position classification and pay plans. The city administrator 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: (1) The method of employee selection and probationary periods of employment;
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(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; (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 Municipal Court of the City of Barnesville. 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 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. 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.
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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, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have 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 $1,100.00 or imprisonment for 60 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 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 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
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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. (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 Lamar 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, 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 AND REMOVAL Section 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with
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Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.11. Election of the city council and mayor. (a) There shall be a municipal general election biennially on the second Tuesday in September or on such other date as may be provided by general law. (b) There shall be elected the mayor and two councilmembers at one 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. (c) The mayor shall be elected by a majority of the qualified voters of the entire city. Each member of the city council shall be elected by a majority of the qualified voters voting within each respective ward. 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 labels. Section 5.13. Election by majority. The person receiving a majority 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 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 two months of the expiration of the term of that office, the city council or those 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 Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code.
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Section 5.16. Removal of officers. (a) The mayor, councilmembers, 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) Knowingly violating Section 2.31 of this charter dealing with council interference with administration. (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 four 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 section shall have the right of appeal from the decision of the city council to the Superior Court of Lamar 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 Lamar County following a hearing on a complaint seeking such removal brought by any resident of the City of Barnesville.
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ARTICLE VI FINANCE Municipal corporations can levy no tax, general or special, upon the inhabitants of the municipality, or upon property therein, unless the power to do so is plainly and unmistakably granted by the state, and the burden is upon every political subdivision of the state which demands taxes from the people to show authority to exercise it in the manner in which it has been imposed by a valid law of this state. 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, 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 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 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
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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 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 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 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 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. Section 6.16. Special assessments. The city council by ordinance shall have the power to assess 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.
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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 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. 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, 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 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. Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for
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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 ten days prior to the beginning of each fiscal year, the city administrator 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 city administrator 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 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. Action by city council on budget. (a) The city council may amend the operating budget proposed by the city administrator, 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 shall adopt the final operating budget for the ensuing fiscal year not later than the first day of October 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 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.
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(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. 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 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 6.27. Changes in appropriations. 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 budget. (a) On or before the date fixed by the city council, but no later than ten days prior to the beginning of each fiscal year, the city administrator 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 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. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the first day of October of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city
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administrator 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 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 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 city administrator 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.
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(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 exchange 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 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 . 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 7.12 . First election under this charter. The first municipal election shall be September 8, 1987, or such other date as may be provided by general law. All persons giving notice of candidacy for a city council seat shall designate the ward for which such candidate is offering. The mayor, Ward No. 1, and Ward No. 3 shall be filled for an initial term of four years and until their respective successors are elected and qualified such that a continuing body is created. Ward No. 2 shall be filled in the 1987 city election for a two-year term. Thereafter, Ward No. 2 shall be filled in the 1989 regular city election for a four-year term. Wards No. 4 and 5 shall be filled in the regular city election of 1989 for terms of four years. Each councilmember elected thereafter shall serve a full term as provided in Section 2.11.
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Section 7.13. 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 for a period of 30 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. Section 7.14. 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 7.15. 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. 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 7.17. Specific repealer. An Act creating a new charter for the City of Barnesville in Lamar County, approved February 2, 1953 (Ga. L. 1953, Jan.-Feb. Session, p. 2006), as amended, is repealed in its entirety. Section 7.18. Effective date. This charter shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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Section 7.19. General repealer. All laws and parts of laws in conflict with this Act are repealed. APPENDIX A The corporate limits of the City of Barnesville are defined as follows: The corporate limits of the City of Barnesville shall extend one (1) mile radius from the brass disc located in the west sidewalk of Thomaston Street, said disc being 40 feet southwest from the southwest corner of the intersection of Thomaston Street and Market Street and in front of the building formerly occupied by Stafford, Blalock Company. All the area within the one-mile radius shall be included in the corporate limits except the following tract of land in the southwest portion of the one-mile radius circle which is the property of Aldora Mills and is within the corporate limits of the Town of Aldora, Georgia, and described as: Beginning where the one mile radius intersects the north right of way line of the Barnesville-Zebulon Highway (Georgia Route 18); thence eastwardly along the north right of way line of said highway 104.6 feet; thence north 13 degrees, 16 minutes east 1992.5 feet along the east property line of Aldora Mills and east corporate limits of the Town of Aldora to an iron stake on the south right of way line of the Central of Georgia Railway Company; then westwardly along the south right of way line of said railroad to the point where it intersects the one-mile radius. The following tract of land outside the southeast portion of the one-mile radius circle and originally conveyed by the Regents of the University System of Georgia to the City of Barnesville shall be included in the corporate limits and described as: Beginning where the one-mile radius intersects Gordon Road; thence north 89 degrees, 10 minutes east, 1246.3 feet along Gordon Road; thence south 2112.7 feet; thence west 2303.2 feet; thence north 848.8 feet; thence west to intersection with the one-mile radius. The corporate limits of the City of Barnesville shall also include the tract of land described as follows: A portion of land lot 105 of the seventh land district of Lamar County, Georgia as shown in a plat entitled Proposed Addition to City of Barnesville dated November 29, 1961 by Griffin Engineering
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Mfg. Co. and recorded in plat book 3, page 230 of Lamar County Superior Court records. Proposed addition is more particularly described with reference to said plat as beginning at the present city limits line on the south right of way line of U. S. Highway Number 41 (Forsyth Street); thence from said point of beginning southwardly, 2975 feet, more or less, along the 1 mile radius present city limits line to the south boundary of land lot 105; thence south 88 degrees 46 minutes east, 1463.2 feet, more or less, along the south boundary of land lot 105 to the southeast corner of said land lot 105; thence north 1 degree 40 minutes east, 2853.3 feet along the east boundary of land lot 105 to the south right of way line of U. S. Highway Number 41; thence south 88 degrees 31 minutes west, 745.0 feet along the south right of way line of U. S. Highway Number 41 to the present city limits line and point of beginning. APPENDIX B For the purposes of electing the members of the city council of Barnesville, the city shall be divided into five wards described as follows: Ward No. 1 : Beginning at a point where the centerline of U.S. Highway No. 341 intersects the Northwesterly city limits of Barnesville, Georgia; thence South along said centerline until same is intersected by the centerline of Old Zebulon Road; thence Easterly along said centerline until same is intersected by the centerline of Zebulon Street; thence continuing Easterly along said centerline until same is intersected by the centerline of Georgia Highway No. 18; thence easterly along said centerline until same is intersected by the centerline of Jackson Street; thence North along said centerline following the curvature thereof until same becomes known as Carleeta Street; thence in an Easterly direction along said centerline until same is intersected by the centerline of Mathews Street; thence South along said centerline until same as extended intersects the centerline of Forsyth Street; thence West along said centerline until same is intersected by the extended centerline of LaFayette Street; thence South along said centerline until same as extended intersects the centerline of Holmes Street; thence West along said centerline until same intersects the centerline of Thomaston Street; thence Southwesterly along said centerline until same intersects the Southwesterly city limits of Barnesville, Georgia;
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thence in a Northwesterly direction along the city limits of Barnesville, Georgia following the curvature and changes thereof to the point of beginning. Ward No. 2 : Beginning at a point where the centerline of Atlanta Street intersects the Northwesterly city limits of the City of Barnesville, Georgia; thence Southerly along said centerline until same is intersected by the extended centerline of Twelfth Street; thence East along said centerline until same is intersected by the extended centerline of Parkview Street; thence North along said centerline until same is intersected by the centerline of Richardson Street; thence Easterly along said centerline until same is intersected by the centerline of Wilson Street; thence South along said centerline until same is intersected by the centerline of Lyons Street; thence East along said centerline until same as extended intersects the centerline of Mill Street; thence South along said centerline until same crosses the Central of Georgia Railroad right of way and becomes known as Main Street; thence continuing Southerly along said centerline until same is intersected by the centerline of Georgia Highway 18; thence Westerly along said centerline until same is intersected by the extended centerline of Zebulon Street; thence Westerly along said centerline until same intersects the centerline of Old Zebulon Road; thence Westerly along the centerline of Old Zebulon Road until same is intersected by the centerline of U. S. Highway No. 341; thence Northerly along said centerline until same intersects the Northwesterly city limits of Barnesville, Georgia; thence in a Northeasterly direction along the city limits of Barnesville, Georgia following the curvature and changes thereof until reaching the point of beginning. Ward No. 3 : Beginning at a point where the centerline of Atlanta Street intersects the Northwesterly city limits of the City of Barnesville, Georgia; thence Southerly along said centerline until same is intersected by the extended centerline of Twelfth Street; thence East along said centerline until same is intersected by the extended centerline of Parkview Street; thence North along said centerline until same is intersected by the centerline of Richardson Street; thence Easterly along said centerline until same is intersected by the centerline of Wilson Street; thence South along said centerline until same is intersected by the centerline of Lyons Street; thence East along said centerline until same as extended intersects the centerline of
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Mill Street; thence South along Mill Street until same is intersected by the extended centerline of First Street; thence Easterly along said centerline until same as extended intersects the centerline of Jenkins Street; thence South along the said centerline until same as extended intersects the centerline of Washington Street; thence Northeasterly along Washington Street along said centerline until same is intersected by the extended centerline of Hall Street; thence Southeasterly along said centerline crossing the Central of Georgia Railroad right of way until same as extended intersects the centerline of Railroad Street; thence Northeasterly along said centerline until same is intersected by the centerline of Sims Street; thence continuing Northeasterly along said centerline until same intersects the Northeast city limits of Barnesville, Georgia; thence Northwesterly along the city limits of Barnesville, Georgia following the curvature and changes thereof until reaching the point of beginning. Ward No. 4: Beginning at a point where the centerline of Gordon Road intersects the Southeasterly city limits of Barnesville, Georgia; thence Westerly along the centerline of Gordon Road until said centerline is intersected by the centerline of Honeysuckle Lane; thence North along said centerline until same is intersected by the centerline of Holmes Street; thence West along said centerline until same is intersected by the extended centerline of LaFayette Street; thence North along said centerline until same as extended intersects the centerline of Forsyth Street; thence East along said centerline until same is intersected by the extended centerline of Mathews Street; thence North along said centerline until same is intersected by the centerline of Carleeta Street; thence West along said centerline following the curvature thereof until same becomes known as Jackson Street; thence continuing Southerly along the centerline of Jackson Street until same is intersected by the centerline of Forsyth Street; thence West along said centerline until same is intersected by the centerline of Main Street; thence North along said centerline until said street becomes known as Mill Street; thence continuing North along Mill Street until same is intersected by the extended centerline of First Street; thence East along said centerline until same as extended intersects the centerline of Jenkins Street; thence South along said centerline until same as extended intersects the centerline of Washington Street; thence Northeasterly along said centerline until same is intersected by the extended centerline of Hall Street; thence
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Southeasterly along said centerline crossing over the right of way of the Central of Georgia Railroad and intersecting the centerline of Railroad Street; thence Northeasterly along the said centerline until the centerline of Railroad Street merges with the centerline of Sims Street; thence continuing Northeasterly until said centerline intersects the Northeastern city limits of Barnesville, Georgia; thence in a Southeasterly direction along the city limits of Barnesville, Georgia following the curvatures and changes thereof until reaching the point of beginning. Ward No. 5: Beginning where the centerline of Gordon Road intersects the Southeasterly city limits of Barnesville, Georgia; thence West along said centerline until same is intersected by the centerline of Honeysuckle Lane; thence North along said centerline until same is intersected by the centerline of Holmes Street; thence West along the centerline of Holmes Street until same is intersected by the centerline of Thomaston Street; thence Southwesterly along said centerline until same intersects the Southwesterly city limits of Barnesville, Georgia; thence in a Southeasterly direction along the city limits of Barnesville, Georgia following the curvatures and changes thereof until reaching the point of beginning. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia, a bill to create a new charter for the City of Barnesville: to repeal conflicting laws; and for other purposes. This 9th day of January 1987. Larry Smith Representative 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 Barnesville Herald-Gazette which is the official organ of Lamar County, on the following date: January 21, 1987.
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/s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 28th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 11, 1987. CITY OF NORCROSS CORPORATE LIMITS. No. 176 (House Bill No. 589). AN ACT To amend an Act providing a new charter for the City of Norcross, approved February 11, 1977 (Ga. L. 1977, p. 2546), 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 Norcross, approved February 11, 1977 (Ga. L. 1977, p. 2546), is amended by adding to Section 1.12 a new subsection (d) to read as follows: (d) In addition to all other territory in the city, it shall include the following tracts:
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Parcel No. 1: All that tract or parcel of land lying and being in Land Lot 244 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: To find the POINT OF BEGINNING, commence at the southeasterly intersection of Buford Highway (U.S. Highway No. 23) (100 foot right-of-way) and Jimmy Carter Boulevard (100 foot right-of-way) if said right-of-way intersections were extended to form an angle instead of a mitre; thence South 27 degrees 56 minutes 30 seconds East along the easterly right-of-way of Jimmy Carter Boulevard a distance of 600.95 feet to an iron pin set and the POINT OF BEGINNING; thence South 27 degrees 56 minutes 30 seconds East along the easterly right-of-way of Jimmy Carter Boulevard a distance of 535 feet to an iron pin set; thence North 79 degrees 59 minutes 45 seconds East a distance of 225 feet to an iron pin set; thence North 27 degrees 56 minutes 30 seconds West a distance of 535 feet to an iron pin set on the southerly right-of-way of the 275 foot wide Georgia Power easement; thence South 79 degrees 59 minutes 45 seconds West along the southerly right-of-way of said Georgia Power easement a distance of 225 feet to an iron pin set and the point of beginning. Parcel No. 2: (a) All that tract or parcel of land lying and being in Land Lots 223 and 244 of the 6th District of Gwinnett County, Georgia, being Lots 1, 2, 2A, 2B, 3 and 3A of Block A, and Lots 1 and 2 of Block B, Northbelt Business Park, as per Plat recorded in Plat Book 25, Page 217, Gwinnett County Records, incorporated herein and made a part hereof by reference; together with Northbelt Drive (60 foot right-of-way), Northbelt Parkway (60 foot right-of-way) and that portion of Best Friend Drive (60 foot right-of-way) located easterly of Jimmy Carter Boulevard (100 foot right-of-way); plus (b) All that tract or parcel of land lying and being in Land Lots 223, 224, 243 and 244 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows:
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Beginning at a 4-inch flat iron located on the southwesterly right-of-way of Norcross-Tucker Road located 860.85 feet in a northerly direction from the intersection of the southwesterly right-of-way of Norcross-Tucker Road and Northbelt Parkway; running thence South 71 degrees 16 minutes 57 seconds West a distance of 212.99 feet to an iron pin; running thence South 89 degrees 51 minutes 55 seconds West a distance of 83.67 feet to a half-inch rebar; running thence North 29 degrees 19 minutes 19 seconds West a distance of 176.09 feet to a one-inch pipe; running thence North 32 degrees 25 minutes 15 seconds West a distance of 245.68 feet to a four-inch flat iron; running thence North 29 degrees 55 minutes 20 seconds West a distance of 354.12 feet to an iron pin; running thence North 25 degrees 39 minutes West a distance of 101.09 feet to an iron pin; running thence North 55 degrees 46 minutes East a distance of 26.38 feet to an iron pin; running thence North 54 degrees 30 minutes East a distance of 369.76 feet to an iron pin on the southwesterly right-of-way line of Norcross-Tucker Road; running thence southeasterly along the southwesterly right-of-way line of Norcross-Tucker Road, and following the curvature thereof, a distance of 1494.19 feet, more or less, to the point of beginning; together with that portion of Norcross-Tucker Road located easterly of Jimmy Carter Boulevard outside the existing corporate limits of the City of Norcross, Gwinnett County, Georgia; plus (c) All that tract or parcel of land lying and being in land Lot 223 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the intersection of extended southeast line of the right-of-way of Northbelt Drive (a 60 foot right-of-way) and the extended northeast line of the right-of-way of Northbelt Parkway (a 60 foot right-of-way) and run thence northeasterly along the extended southeast line of the right-of-way of Northbelt Drive a distance of 25.00 feet to the point of beginning, from the point of beginning as thus established, running thence North 44 degrees 06 minutes 00 seconds East along the southeast line of the right-of-way of Northbelt Drive a distance of 387.43 feet to a point; running thence northeasterly along the arc of the curve of the southeast line of the right-of-way of the cul-de-sac of Northbelt Drive, which arc
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has a chord as measured North 81 degrees 51 minutes 30 seconds East of 24.50 feet, a distance of 26.36 feet to a point; running thence southeasterly along the arc of the curve of the south line of the right-of-way of the cul-de-sac of Northbelt Drive, which arc has a chord as measured South 83 degrees 26 minutes 45 seconds East of 47.02 feet, a distance of 48.31 feet to a point; running thence South 45 degrees 54 minutes 00 seconds East a distance of 762.44 feet to a point; running thence North 48 degrees 57 minutes 15 seconds East a distance of 230.00 feet to a point; running thence North 89 degrees 58 minutes 45 seconds East a distance of 83.75 feet to a point; running thence North 85 degrees 13 minutes 45 seconds East a distance of 63.00 feet to a point; running thence North 71 degrees 41 minutes 45 seconds East a distance of 212.29 feet to a point on the southwest line of the right-of-way of North Norcross-Tucker Road (a 60 foot right-of-way); running thence South 30 degrees 50 minutes 45 seconds East along the southwest line of the right-of-way of North Norcross-Tucker Road a distance of 370.59 feet to a point; running thence South 30 degrees 34 minutes 30 seconds East along the southwest line of the right-of-way of North Norcross-Tucker Road a distance of 68.09 feet to a point; running thence South 29 degrees 28 minutes 45 seconds East along the southwest line of the right-of-way of North Norcross-Tucker Road a distance of 83.30 feet to a point; running thence South 26 degrees 07 minutes 00 seconds East along the southwest line of the right-of-way of North Norcross-Tucker Road a distance of 32.87 feet to a point; running thence southeasterly along the arc of the curve of the southwest line of the right-of-way of North Norcross-Tucker Road, which arc has a chord as measured South 16 degrees 60 minutes 00 seconds East of 259.46 feet, a distance of 260.56 feet to a point; running thence South 07 degrees 52 minutes 45 seconds East along the southwest line of the right-of-way of North Norcross-Tucker Road a distance of 45.44 feet to a point at the intersection of the southwest line of the right-of-way of North Norcross-Tucker Road and the northeast line of the right-of-way of Northbelt Parkway a distance of 342.62 feet to a point; running thence southwesterly along the arc of the curve of the northeast line of the right-of-way of Northbelt Parkway, which arc has a chord as measured North 89 degrees 57 minutes 31 seconds East of 50.82 feet, a distance of 50.87 feet to a point; running thence southwesterly along the arc of the curve of
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the northwest line of the right-of-way of Northbelt Parkway, which arc has a chord as measured South 62 degrees 10 minutes 00 seconds West of 261.85 feet a distance of 269.25 feet to a point; running thence South 38 degrees 47 minutes 45 seconds West along the northwest line of the right-of-way of Northbelt Parkway a distance of 71.75 feet to a point; running thence southwesterly along the arc of a curve of the northwest line of the right-of-way of Northbelt Parkway which arc has a chord as measured South 64 degrees 27 minutes 15 seconds West of 17.32 feet, a distance of 17.91 feet to a point; running thence southwesterly along the arc of the curve of the northwest line of the right-of-way of Northbelt Parkway, which arc has a chord as measured South 71 degrees 41 minutes 30 seconds West of 37.92 feet, a distance of 38.58 feet to a point; running thence southwesterly along the arc of the curve of the northwest line of the right-of-way of Northbelt Parkway, which arc has a chord as measured South 88 degrees 58 minutes 00 seconds East of 24.50 feet, a distance of 26.36 feet to a point; running thence North 51 degrees 12 minutes 15 seconds West along the northeast line of the right-of-way of Northbelt Parkway a distance of 382.17 feet to a point; running thence northwesterly along the arc of the curve of the northeast line of the right-of-way of Northbelt Parkway, which arc has a chord as measured North 48 degrees 33 minutes 15 seconds West of 89.78 feet, a distance of 89.81 feet to a point; running thence north 45 degrees 54 minutes 00 seconds West along the northeast line of the right-of-way of Northbelt Parkway a distance of 921.54 feet to a point; running thence northeasterly along the arc of a curve at the intersection of the northeast line of the right-of-way of Northbelt Parkway and the southeast line of the right-of-way of Northbelt Drive, which arc has a chord as measured North 00 degrees 54 minutes 00 seconds West of 35.36 feet, a distance of 39.27 feet to the point of beginning, being a tract of land containing (i) three one-story warehouse buildings with parking facilities commonly known as 6040 Northbelt Drive, 6175 Northbelt Parkway and 6145 Northbelt Parkway and (ii) a 7.607 acre tract of unimproved land, all as shown on that certain As-Built Survey of Property for Metropolitan Life Insurance Company and J.C.B.-Gwinnett Joint Venture prepared by Urban Engineers, Inc., certified by Nelson E. Goetz, Georgia Registered Land Surveyor, dated May 14, 1985; plus
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(c) All that tract or parcel of land lying and being in Land Lot 223 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: To find the point of beginning, begin at the point of intersection of the northeast right-of-way line of Jimmy Carter Boulevard (100 foot right-of-way) with the southeast right-of-way line of Best Friend Road (60 foot right-of-way), if said right-of-way lines were extended to form an angle instead of a curve; run thence along the northeast right-of-way line of Jimmy Carter Boulevard South 51 degrees 07 minutes 33 seconds East 432.47 feet to a point; running thence North 38 degrees 52 minutes 27 seconds East 40 feet to a point; running thence South 51 degrees 07 minutes 33 seconds East 50 feet to a point; running thence South 38 degrees 52 minutes 27 seconds West 40 feet to a point; running thence South 51 degrees 07 minutes 33 seconds East 161.43 feet to a point on the northeast right-of-way line of Jimmy Carter Boulevard; which is the POINT OF BEGINNING; running thence North 72 degrees 41 minutes 45 seconds East 808.89 feet to an iron pin on the southwest right-of-way line of Norcross-Tucker Road (at which point Norcross-Tucker Road is a 60 foot right-of-way); running thence southeasterly along the southwesterly right-of-way line of Norcross-Tucker Road, and following the curvature thereof, a distance of 694.92 feet, more or less, to an iron pin (at which point Norcross-Tucker Road is an 80 foot right-of-way); thence leaving the right-of-way line of Norcross-Tucker Road and running South 85 degrees 51 minutes 44 seconds West a distance of 304.45 feet to an iron pin on the northeasterly right-of-way line of Jimmy Carter Boulevard; running thence northwesterly along the northeasterly right-of-way line of Jimmy Carter Boulevard, and following the curvature thereof, a distance of 964.44 feet, more or less, to the point of beginning. Parcel No. 3: All that tract or parcel of land lying and being in Land lot 223 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: To find the TRUE POINT OF BEGINNING, begin at an iron pin found at the corner common to Land Lots 223,
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224, 215 and 216 of said District and County; thence running along the southeastern land lot line of Land Lot 223 South 59 degrees 50 minutes 50 seconds West a distance of 448.41 feet to an iron pin placed, which iron pin marks the TRUE POINT OF BEGINNING; from said TRUE POINT OF BEGINNING as thus established, thence continuing along said land lot line South 59 degrees 50 minutes 50 seconds West a distance of 200 feet to an iron pin placed on the northeastern right-of-way of Jimmy Carter Boulevard (100 foot right-of-way); thence running along said right-of-way along the arc of a curve to the left an arc distance of 200 feet (said arc being subtended by a chord having a bearing of North 36 degrees 50 minutes 20 seconds West and a distance of 199.92 feet) to an iron pin placed; thence leaving said right-of-way and running North 59 degrees 49 minutes 25 seconds East a distance of 280 feet to a point; thence running South 14 degrees 13 minutes 05 seconds East a distance of 206.61 feet to an iron pin placed on the southeastern land lot line of Land Lot 223 and the point of beginning; containing 1.087 acres as per Plat of Survey prepared by Watts Browning Engineers, Georgia Registered Land Surveyors, dated January 7, 1981, last revised January 14, 1981. 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 INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1987 Session of the General Assembly of Georgia, a local Bill to amend the Charter of the City of Norcross (Ga. L. 1977, p. 2456), so as to authorize the extension of the Corporate boundaries of the City of Norcross, Gwinnett County, Georgia, in accordance with Section 1.12 of the City Charter and by law and to repeal conflicting laws. A copy of the proposed Amendment is on file in the Office of the Clerk of the Council of the City of Norcross, Georgia, for purposes of examination and inspection by the public.
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This 12 day of January, 1987. -s- Gary S. Cobb Mayor Gary Cobb City of Norcross -s- Peter Boyce Peter F. Boyce Boyce, Thompson O'Brien GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronald W. Pittman, 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 23, 1987. /s/ Ronald W. Pittman Representative, 60th District Sworn to and subscribed before me, this 3rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 16, 1987.
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CITY OF DULUTH NEW CHARTER. No. 177 (House Bill No. 732). 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 provide a new charter for the City of Duluth; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; 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 creating a new charter for the City of Duluth, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, is amended by striking Sections 1 through 43 in their entirety and inserting in lieu thereof the following: ARTICLE I INCORPORATION AND POWERS Section 1.10. Incorporation. This city and the inhabitants thereof are constituted and declared a body politic and
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corporate under the name and style City of Duluth, Georgia, and by that name shall have perpetual succession. 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 the addition of the area described in Exhibit `A,' which is attached hereto and incorporated herein by reference. Upon the adoption of this charter, the boundaries of this city shall include all of the area within the corporate boundaries of this city on the effective date of this charter and all of the additional areas described on Exhibit `A' attached hereto and incorporated herein by reference. Alterations of the boundaries of this city may be made from time to time in a manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in the office of the city clerk and to be designated: `Official Map of the Corporate Limits of the City of Duluth, Georgia.' Photographic, typed, or other copies of such map 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. (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. 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. (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. (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to
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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 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 governmental entities and with private persons, firms, and corporations;
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(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 within the city and 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 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,
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and squares of 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; (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;
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(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 esthetically 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 or 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, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide for 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;
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(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 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; 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 for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system;
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(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 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 of any public improvements; (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
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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 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 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. 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 in a city council to be composed of a mayor and five 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 this 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 councilmember unless he shall have been a resident of the city for a period of one year preceding the date of the election of the mayor or members of the city council and must be a qualified voter in municipal elections for officers of said city; and the mayor or councilmember shall continue to reside therein during his period of service
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and to be registered and qualified to vote in municipal elections of this city. Section 2.12. Vacancies; filling of vacancies. (a) 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) 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 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 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
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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 the second Monday 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: `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. The council may recess any regular meeting and continue such meetings on any date or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) The mayor and city council may hold special meetings and may transact business therein in accordance with the law. (c) All meetings of the city council may be public in accordance with applicable law. Section 2.20. Rules of procedure. (a) The city council shall adopt 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
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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. Quorum; voting. The mayor, or mayor pro tempore, and three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances may 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 the majority of the members present shall be required for the adoption of any ordinance, resolution, or motion. Section 2.22. Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 2.23. Ordinance forms; procedures. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. The enacting clause shall be `The Council of the City of Duluth hereby ordains.....' (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. Section 2.24. 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. Section 2.25. Signing; authentication; recording; codification; printing. The clerk shall authenticate by his signature and shall 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
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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 as and cited officially as `The Code of the City of Duluth, 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 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 are 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 2.26. Election of mayor; forfeiture; compensation. The mayor shall be elected for and shall serve for a term of two years and until his successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for one year immediately preceding his election. The mayor shall continue to reside in this city during the period of his service. The mayor 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 2.27. Mayor pro tempore. By a majority vote, at the first regular meeting of the mayor and council in each year, they shall elect a councilmember to serve as the mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability
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or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the members present, shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's duties. Section 2.28. 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 only in case of a tie or in case only one vote is needed to pass any motion, resolution, ordinance, or other question before the council, the mayor, or mayor pro tempore, if presiding, may vote and the mayor may be counted toward a quorum as any other councilmember; and (6) Fulfill such other executive and administrative duties as the city council shall by ordinance establish. 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 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.
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(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 appointed 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. 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 be 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. (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, ordinance, or by other 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 for the 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
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of the city an oath obligating such member 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 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 and 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 mayor and 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 or 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 and council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain the 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 and council may designate the city clerk or some other person as city
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treasurer and may designate a certain bank as city depository. The city treasurer shall be responsible for the general duties of a fiscal officer and such other duties as may be provided by ordinance. 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 Duluth. Section 4.11. Chief judge. (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. Any and 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 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. 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, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt. Such punishment shall
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not exceed $200.00 or 15 days of imprisonment and labor on the public works of the city, or by both such fine and imprisonment. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment and labor on the public works of the city for one year 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 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. 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 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
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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 may 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 municipal 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 Gwinnett 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, 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 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., the `Georgia Municipal Election Code,' as now or hereafter amended.
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Section 5.11. Election of the city council and mayor. (a) There shall be a municipal general election annually on the first Saturday in December. (b) On the first Saturday in December, 1987, there shall be elected a mayor and two councilmembers, whose terms of office shall be for two years, beginning on the first Monday in January, 1988, and each of said officers shall hold office until his successor is elected and qualified. And on the first Saturday in December every two years thereafter, there shall be elected a mayor and two councilmembers, whose terms of office shall be for two years and until their successors are elected and qualified, who shall take office on the first Monday in January next following their election. There shall be elected three councilmembers on the first Saturday in December, 1988, whose terms of office shall be for two years, beginning on the first Monday in January, 1989, and each of said councilmembers shall hold office until that member's successor is elected and qualified; and on the first Saturday in December every two years thereafter, there shall be elected three councilmembers, whose terms of office shall be two years and until their successors are elected and qualified, who shall take office on the first Monday in January next following their election. 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 majority. The person receiving a majority of the votes cast for any city office shall be elected. Section 5.14. Special elections; interim appointments; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall appoint a successor who shall serve until the next regularly scheduled election. Should the office which became vacant not be scheduled for election at the next regularly scheduled election, then the city council shall order a special election at the time of the regularly scheduled election to fill the balance
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of the unexpired term of the vacant position. The special election to fill the unexpired term 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 Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' Section 5.16. Removal of officers . (a) The mayor or councilmembers may 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; 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 four 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
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of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Gwinnett 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 Gwinnett County following a hearing on a complaint seeking such removal brought by any resident of the City of Duluth. 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, 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 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 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 within the city 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.
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Section 6.13. Licenses; permits; fees . 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 within the city to obtain 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 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 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 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 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. Special assessments . The city council by ordinance shall have the power to assess and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers,
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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. 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 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 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 6.22. Fiscal year . The city council shall set the fiscal year by ordinance. This fiscal year shall constitute
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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 60 days prior to the beginning of each fiscal year, the city clerk 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 city clerk 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 hereinafter provided for, the budget message, and all supporting documents shall be filed with the judge of the municipal court 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 city clerk, 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 fifteenth day of January each year. If the city council fails to adopt the budget by said 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
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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. 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 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. Section 6.27. Changes in appropriations . 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 purpose, but any additional appropriations may be made only from an existing unexpended surplus. 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 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 6.29. Contracting procedures . No contract with the city shall be binding on the city unless:
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(1) It is in writing; or (2) 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 6.30. Centralized purchasing. The city council may by ordinance 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 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 exchange 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 the city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such
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terms and conditions as the city council may from time to time require by ordinance or as may be provided by law. Section 7.11. 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 7.12. 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 7.13. 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 7.14. Severability. In the event any article, section, subsection, paragraph, sentence, or part of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect nor 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 and in enacting that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. 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. EXHIBIT A All that area described as follows:
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Tax Parcel #7-161-25 All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District of Gwinnett County, Georgia as per a plat and survey dated October 18, 1972 prepared by Michael A. Royston Associates containing 0.735 acres and more particularly described as follows: Beginning at an iron pin stake at a point on the Southeast right-of-way of Lakeview Drive marked by an iron pin at the point where the Southwest right-of-way of Lakeview Drive and the Southeast right-of-way of Norman Circle intersect; thence running North 30 degrees 45 minutes East 141.00 feet to an iron pin; thence North 31 degrees 15 minutes East 60 feet to an iron pin at other property owned by Grady Palmour, and the foregoing calls and distances have run along the Southeast right-of-way of Lakeview Drive; thence South 68 degrees 52 minutes East a distance of 217.0 feet, more or less, to the water line of Norman Lake; thence running in a Southwesterly direction along the contour and curvature of Norman Lake to an iron pin at the Northeast right-of-way of Norman Circle; thence running North 28 degrees 11 minutes West along the right-of-way of Norman Circle 53 feet to a pin corner and the point of beginning. Tax Parcel #7-161-144 All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District, Gwinnett County, Georgia, and being more particularly described according to a plat of said tract prepared by Charles Russell Dean, Registered Land Surveyor, dated November 12, 1979, which plat is recorded in Plat Book 12, Page 56A, Gwinnett County Plat Records, and incorporated herein by reference thereto and is more particularly described according to said Plat as follows: Beginning at a point at the terminus of the Northern edge of the existing right-of-way of Norman Drive as shown on said plat and run thence North 19 degrees 28 minutes 34 seconds East 91.50 feet to a point located 10 feet more or less from the Southwestern edge of Lake Norman; run thence Southeasterly, Easterly and Northeasterly along the Southerly edge of Lake Norman (at its normal pool level) 515 feet more or less to a
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point; run thence South 27 degrees 40 minutes 16 seconds East 273.00 feet to a point; run thence South 62 degrees 42 minutes 02 seconds West 323.48 feet to a point; continue thence South 62 degrees 42 minutes 02 seconds West 30 feet more or less to a point in the center of a branch; run thence Northwesterly along the centerline of said branch 178 feet more or less to a point (the centerline of said branch being the property line), the course along said branch being represented by the following chord bearing and distance: commencing at the iron pin located North 62 degrees 42 minutes 02 seconds East 30 feet more or less from the centerline of said branch; thence a chord bearing of North 13 degrees 35 minutes 24 seconds West and chord distance of 178.24 feet to a point located North 62 degrees 09 minutes 34 seconds West 59.77 feet more or less from the centerline of said branch; run thence South 62 degrees 09 minutes 34 seconds West 229.77 feet to an iron pin set; run thence North 20 degrees 51 minutes 26 seconds West 150.00 feet to an iron pin located on the terminus of the Southerly side of the right-of-way of existing Norman Drive; run thence North 64 degrees 51 minutes 26 seconds West 66.80 feet to a point on the terminus of the Northern side of the right-of-way of existing Norman Drive and the point or place of beginning, said tract containing 3.01 acres, more or less. Tax Parcel #7-161-124 All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District of Gwinnett County, Georgia, and being more particularly described as follows: Beginning at an iron pin on the Southeast right-of-way line of Norman Circle (40 foot right-of-way) located 648.5 feet Northeast as measured along said right-of-way line from its intersection with the Northeast right-of-way line of Georgia Highway Number 120 (80 foot right-of-way); run thence North 59 degrees 20 minutes East along the Southeast right-of-way of Norman Circle 217.5 feet to an iron pin; run thence South 20 degrees 15 minutes East 150 feet to an iron pin; run thence North 62 degrees 15 minutes East 150 feet to an iron pin; run thence North 68 degrees 55 minutes East 12 feet to an iron pin; run thence South 31 degrees 58 minutes East 217.1 feet to an iron pin; run thence South 32 degrees 13 minutes East 84 feet to an iron pin; thence in a Northeasterly direction 229 feet; thence
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Southwesterly 240 feet; thence Southwesterly 737.5 feet along the Northern boundary of Tax Parcel 7-161-15 to an iron pin; run thence North 48 degrees 12 minutes West 197.1 feet to an iron pin; run thence North 54 degrees 58 minutes East 86 feet to an iron pin; run thence North 37 degrees 34 minutes West 267.7 feet to an iron pin on the Southeast right-of-way line of Norman Circle which is the place or point of beginning. Tax Parcel #7-161-14E All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District of Gwinnett County, Georgia, as shown on a plat of property of Paul Murphy and Mrs. Willene D. Murphy dated February 11, 1961, by C. M. Higginbotham, Surveyor, and being more particularly described as follows: Beginning at a point on the Southerly side of Norman Circle which point is 866 feet Easterly along the Southerly side of Norman Circle and following the curvature thereof from the intersection of the Southerly side of Norman Circle with the Easterly side of the Duluth-Lawrenceville Highway, and running thence North 62 degrees 15 minutes East along the Southerly side of Norman Circle, 150 feet to a point which is the Northwest corner of Bobby A. Jones' lot, as shown on said plat; thence South 15 degrees East along the Westerly side of said Bobby A. Jones' lot 150 feet to a point which is the Southwest corner of said Bobby A. Jones' lot; thence South 62 degrees 15 minutes West 150 feet to a point; thence North 20 degreest 15 minutes West 150 feet to an iron pin on the Southerly side of Norman Circle at the point of beginning. Tax Parcel #7-161-14H All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District of Gwinnett County, Georgia, containing 0.34 acres according to a plat of survey by C. M. Higginbotham, Surveyor, dated December 17, 1957, revised February 11, 1964, and being more particularly described as follows: Beginning at a point located at the Southerly side of Norman Road, said point of beginning being 1166 feet from the Southeasterly intersection of Norman Road and State Highway Number
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120, and running thence in a Southeasterly direction along the Southerly side of Norman Road 100 feet to a point; running thence in a Southeasterly direction 150 feet to a point; running thence in a Southwesterly direction 100 feet to a point; running thence in a Northwesterly direction 150 feet to the point of beginning. This is the same property described in Warranty Deeds recorded in Deed Book 139, Page 103, Deed Book 198, Page 65, Deed Book 225, Page 362, Deed Book 278, Page 517, Gwinnett County Deed Records. Norman Road as referred to in the above-description is now sometimes known as Norman Circle. Tax Parcel #7-161-14F All that tract or parcel of land lying and being in Land Lot 161 of the 7th District of Gwinnett County, Georgia, being more particularly described as follows: Beginning at an iron pin on the Southeasterly side of Norman Circle, 1,016 feet Northeasterly from Duluth-Lawrenceville Highway (also State Highway Number 120) and running thence Northeasterly along the Southeasterly side of Norman Circle 150 feet to an iron pin; running thence South 20 degrees 15 minutes East 150 feet to an iron pin; running thence South 68 degrees 55 minutes West 150 feet to an iron pin, and running thence North 20 degrees 15 minutes West 150 feet to the Southeasterly side of Norman Circle and point of beginning; being improved property as shown on survey of United Surveying Engineering Co., dated May 31, 1967. Tax Parcel #7-161-14B All that tract or parcel of land lying and being in Land Lot 161, 7th Land District, (Duluth General Militia District 1263) Gwinnett County, Georgia and being more particularly described as.736 acres on a plat of survey prepared for Grady Palmour on October 18, 1972 by Michael A. Royston and Associates, Georgia Registered Land Surveyor Number 1731. Said plat of survey is recorded in Plat Book 20, Page 174-B, Gwinnett County, Georgia Records and is incorporated herein by reference.
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Tax Parcel #7-161-13A All that tract or parcel of land lying and being in Land Lot 161 of the 7th District of Gwinnett County, Georgia according to survey for James A. Martin dated April 26, 1972, by James G. Akins, Professional Land Surveyor #1670 and being more particularly described as follows: Beginning at a point in the centerline of Norman Circle 866.5 feet Northeasterly as measured along the centerline of Norman Circle from the point where the centerline of Norman Circle, if extended, intersects the centerline of Georgia Highway Number 120; running thence from the point or place of beginning so established, North 62 degrees 10 minutes East along the Northwesterly side of the right-of-way of Norman Circle, a distance of 193.0 feet to an iron pin set at the point formed by the intersection of the Northwesterly side of the right-of-way of Norman Circle with the Southwesterly side of the right-of-way of Norman Circle; running thence North 29 degrees 56 minutes West along the Southwesterly side of the right-of-way of Norman Circle, a distance of 200.0 feet to an iron pin set; running thence South 62 degrees 10 minutes West along the Southeasterly line of other property of Odum a distance of 193.0 feet to an iron pin found; running thence South 29 degrees 56 minutes East along the Northeasterly line of other property of Odum a distance of 200.0 feet to the centerline of Norman Circle and the point or place of beginning. Said property being 0.88 acres and being improved property known as Number 2941 Norman Circle according to the present system of numbering houses in Gwinnett County, Georgia. Tax Map Parcel #6-267-16, 46 All that piece or parcel of land situate, lying and being in Land Lot 267, 6th District, Gwinnett County, Georgia, and being more particularly described as follows, to-wit: To find the point of beginning start at the intersection of the Northwesterly right-of-way boundary of U. S. Highway Number 23 and the centerline of the A. C. A. L. Railway Company's tract (615-2); thence South 47 degrees 43 minutes West along the said Northwesterly right-of-way boundary of U. S. Highway Number 23, a distance of 50 feet to an iron
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pipe, which is the true point of beginning; and running thence South 47 degrees 43 minutes West along said Northwesterly right-of-way boundary of U. S. Highway Number 23 a distance of 526.75 feet to an iron pin in the centerline of Old Berkeley Lake Road; thence South 87 degrees 55 minutes West along said centerline of Old Berkeley Lake Road, a distance of 188.55 feet; thence North 31 degrees 07 minutes West a distance of 250.33 feet to an iron pipe in the Southeasterly right-of-way boundary of the A. C. A. L. Railway Company, that is 100 feet Southeastwardly from the centerline of the Southeasterly main track of said Railway Company; thence North 48 degrees 27 minutes East along said Southeasterly right-of-way boundary of the A. C. A. L. Railway Company a distance of 389.30 feet to an iron pipe that is 50 feet from, as measured radially to, the centerline of said track (615-2) of the A. C. A. L. Railway Company; thence Southeastwardly along a curve to the right (radius 391.68 feet - chord South 75 degrees 02 minutes East, 430.77 feet) an arc distance of 456.11 feet, more or less, to the point or place of beginning, containing 4.733 acres, more or less. Tax Map Parcel #6-292-7 All that tract or parcel of land lying and being in Land Lots 292 and 265 of the 6th District, Gwinnett County, Georgia, being 4.44 acres, more or less, according to survey by Dorsey R. Brumbelow, and being more particularly described as follows: Beginning at a point at the intersection of the Southeasterly right-of-way of U. S. Highway Number 23 and the Easterly right-of-way of Howell Road, run thence along the Southeasterly right-of-way of U. S. Highway Number 23, 266.7 feet more or less to a point on the right-of-way of U. S. Highway Number 23 which is the point of beginning, run thence South 54 degrees 43 minutes East 192.5 feet more or less to a point, run thence South 44 degrees 57 minutes East 600.0 feet more or less to a point; run thence North 60 degrees 07 minutes East 157.0 feet more or less to a point; run thence North 35 degrees 10 minutes West 564.0 feet more or less to a point; run thence North 28 degrees 40 minutes West 388.0 feet more or less to a point on the edge of the paving of U. S. Highway Number 23, run thence Southwest along the edge of the paving of U. S. Highway Number 23, 400.0 feet more or less to a point; run thence Southeasterly 37.5 feet to the point of beginning.
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Being the same property conveyed to Cecil R. Bailey by Warranty Deed recorded in Deed Book 99, Page 590, Gwinnett County, Georgia Records. Tax Map Parcel #6-295A-7 All that tract or parcel of land lying and being in Land Lot 295 of the 6th District, Gwinnett County, Georgia and being Lot Number 1 of a subdivision of property of Dr. M. H. Mason, Jr., and being more particularly described as follows: Beginning at the intersection of McClure Bridge Road, formerly known as Duluth-Alpharetta Road, with Whippoorwill Drive, which point is 293 feet Easterly along the Duluth-Alpharetta Road from property line of the Summerour Estate; running thence South 31 degrees 10 minutes East along the center of said Whippoorwill Road 287.6 feet to a corner at Lot Number 2 of said subdivision; running thence South 58 degrees 45 minutes West along the line between Lots 1 and 2 for 287 feet to a corner on lands of the Summerour Estate; running thence North 31 degrees 15 minutes West 343.6 feet along said Summerour Estate to a corner in the center of the said Duluth-Alpharetta Road and along the center of said road in a Southeasterly direction 293 feet to the point of beginning. Tax Map Parcel #6-292-17 All that tract or parcel of land lying and being in the 6th Land District of Gwinnett County, Georgia, just South of Duluth, Georgia, and being Lot Number 14 and 15 of the subdivision of lands of Woodrow Wilson as shown on a blue print of said subdivision prepared by C. A. Black, Surveyor, on October 2, 1951 and being more fully described as follows: Beginning at an iron pin corner on Howell Circle separating Tracts 13 and 14 of said plat; thence running in a Northeasterly direction along the property line of Lot 13 a distance of 124 feet to an iron pin corner and other property now or formerly owned by Lillie Bell Smallwood; thence running in a Southeasterly direction along the other property now or formerly owned by Lillie Bell Smallwood a distance of 113 feet, more or less, to an iron pin corner separating Lots 15 and 16; thence running in a Southwesterly direction along the property line separating
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Lots 15 and 16 a distance of 139 feet, more or less, to an iron pin corner located on the Northwest right-of-way line of Howell Circle; thence running in a Northwesterly direction along the Northeast right-of-way line of Howell Circle a distance of 100 feet to an iron pin corner separating Lots 13 and 14 and the same being the point of beginning. This being that same tract of land as conveyed by Warranty deed dated April 8, 1953 from A. W. Anglin to Cecil R. Bailey as recorded in Deed Book 105, Page 494, Clerk's Office, Gwinnett County, Georgia Superior Court. Tax Map Parcel #6-292-14 All that certain tract or parcel of land situate, lying, and being in the County of Gwinnett, State of Georgia, Land Lot 292 of the 6th District, Gwinnett County, Georgia, and being part of Lot 7 and all of Lot 8 of Woodrow Wilson Subdivision as per plat recorded in Plat Book E, Page 257, Gwinnett County Records, and being more particularly described as follows: Beginning at the intersection formed by the Northeasterly side of Howell Road and the Southeasterly side of Anderson Street (unpaved) and which point is also 320.2 feet Southeasterly from the Southeasterly side of U. S. Highway Number 23 as measured along the Northeasterly side of Howell Road, if said street line were extended Southeasterly across Anderson Street, and running thence Southeasterly along the Northeasterly side of Howell Road 59.5 feet to an iron pin; running thence Northeasterly 123.0 feet to an iron pin; running thence Northwesterly 57.6 feet to the Southeasterly side of Anderson Street; running thence Southwesterly along the Southeasterly side of Anderson Street 133.7 feet to the Northeasterly side of Howell Road, and the point of beginning. Tax Map Parcel #6-264-27 All that tract or parcel of land lying and being in Land Lot 264 of the 6th Land District of Gwinnett County, Georgia, being Tract Number 1A, containing 3.956 acres and also Tract Number 1B, containing 1.842 acres as shown on individual plat of survey for Duluth Properties, prepared by Precision Planning, Inc., Randall W. Dixon, Registered land Surveyor Number 1678, dated
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July 13, 1984, as per plat recorded in Plat Book 27, Page 7, Gwinnett County, Georgia Records, and being more particularly described as follows: Beginning at a point on the Southwesterly right-of-way line of Georgia Highway Number 120, an 80 foot right-of-way, 1352.19 feet Northwesterly as measured along the Southwesterly right-of-way line of Georgia Highway Number 120, as extended, and following the curvature thereof from the intersection of the Southwesterly right-of-way line of Georgia Highway Number 120, as extended, with the centerline of Roberts Road; running thence South 60 degrees 19 minutes 12 seconds West 1138.79 feet to a point in the centerline of a creek; running thence South 20 degrees 49 minutes 25 seconds East along the centerline of said creek 46.57 feet to a point; running thence South 29 degrees 47 minutes 50 seconds East along the centerline of said creek 106.31 feet to a point; running thence South 21 degrees 08 minutes 39 seconds East along the centerline of said creek 78.54 feet to a point; running thence South 60 degrees 19 minutes 12 seconds West 322.97 feet to a point; running thence North 28 degrees 48 minutes 59 seconds West 210.20 feet to a point; running thence North 49 degrees 48 minutes 16 seconds East 1527.09 feet to a point on the Southwesterly right-of-way line of Georgia Highway Number 120; running thence South 24 degrees 19 minutes 53 seconds East along the Southwesterly right-of-way line of Georgia Highway Number 120 a distance of 260.00 feet to the point of beginning. Tax Map Parcel #6-292-10 All that tract or parcel of land lying and being in Land Lot 292 of the 6th Land District of Gwinnett County, Georgia, and being more particularly described according to a plat of survey of S. R. Fields, Surveyor, dated September 4, 1968, recorded in Plat Book 0, Page 322, Gwinnett County Plat Records, as follows: Beginning at a point on the Southeast right-of-way of U. S. Highway Number 23 where the Southeast right-of-way of U. S. Highway Number 23 (having a 100 foot right-of-way) is intersected by the Northeast right-of-way of Howell Road (shown on said plat to have a 40 foot right-of-way); thence run in a Northeasterly direction along the Southeast right-of-way of U. S.
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Highway Number 23 a distance of 208 feet to a point; thence run along the Southwest right-of-way of an unnamed street South 48 degrees 12 minutes East 100 feet to a point; thence continuing along the Southwest right-of-way of said unnamed street South 37 degrees 48 minutes East 99.2 feet to an iron pin; thence run along the property of Humphries South 34 degrees 10 minutes West 155.8 feet to a point on the Northeast right-of-way of Howell Road; thence run along the Northeast right-of-way of Howell Road North 58 degrees 09 minutes West 200 feet to the point where the Northeast right-of-way of Howell Road intersects the Southeast right-of-way of U. S. Highway Number 23, being the point of beginning. Tax Map Parcel #6-291-7, 6-266-7A All that tract or parcel of land lying and being in Land Lots 266 and 291 of the 6th District of Gwinnett County, Georgia, being more particularly described as follows: Beginning at the intersection of Land Lots 290, 291, 267 and 266; running thence North 31 degrees 24 minutes 50 seconds West along the Southwest land lot line of Land Lot 291, 767.30 feet to an iron pin; thence North 30 degrees 20 minutes 02 seconds West 800.51 feet to an iron pin; thence North 30 degrees 59 minutes 58 seconds West 630.06 feet to an iron pin found; thence North 60 degrees 11 minutes 35 seconds East 2281.35 feet to an iron pin on the Southwesterly right-of-way of Pleasant Hill Road; thence Southerly along said right-of-way 3413.5 feet to an iron pin; thence South 59 degrees 32 minutes 40 seconds West 1448.51 feet to an iron pin; thence North 31 degrees 00 minutes 30 seconds West 1009.5 feet to an iron pin on the Southeast land lot line of Land Lot 291; thence along said land lot line South 57 degrees 42 minutes 30 seconds West 92 feet to an iron pin, and the point of beginning, being 131.766 acres and shown as Tracts Number 3 and 4 on survey for The Russell Corporation by Robert C. Pace, RLS, dated May 18, 1984, and revised July 26, 1984, recorded in Plat Book 27, Page 123, Gwinnett County, Georgia Records. Less and except: all that tract or parcel of land lying and being in Land Lot 291 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: To find the true point of beginning, commence at the land lot corner common to Land Lots 266, 267, 290 and 291 in the
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6th District of Gwinnett County, Georgia; run thence along the land lot line common to Land Lots 290 and 291 North 31 degrees 47 minutes 18 seconds West a distance of 767.05 feet to an iron pin found; thence continuing along said land lot line run North 30 degrees 15 minutes 20 seconds West a distance of 450.99 feet to an iron pin set and the true point of beginning; from the true point of beginning thus established, continue along said land lot line North 31 degrees 23 minutes 29 seconds West a distance of 979.95 feet to an iron pin set; thence leaving said land lot line, run North 59 degrees 47 minutes 25 seconds East a distance of 2,291.45 feet to an iron pin set on the Westernmost right-of-way line of Pleasant Hill Road (a 150 foot right-of-way); run thence along said right-of-way line South 30 degrees 36 minutes 43 seconds East a distance of 466.48 feet to an iron pin set; thence continuing along said right-of-way line and following the curvature thereof, run along the arc of a curve a distance of 563.95 feet to a point (said arc being subtended by a chord bearing South 08 degrees 13 minutes 13 seconds East a distance of 549.70 feet); thence continuing along said right-of-way line run South 14 degrees 10 minutes 17 seconds West a distance of 343.94 feet to an iron pin set; thence continuing along said right-of-way line and following the curvature thereof, run along the arc of a curve a distance of 312.00 feet to an iron pin set (said arc being subtended by a chord bearing South 04 degrees 24 minutes 31 seconds West a distance of 310.49 feet) thence leaving said right-of-way line, run South 57 degrees 11 minutes 40 seconds West a distance of 1,031.91 feet to an iron pin set; run thence along the arc of a curve a distance of 875.81 feet to an iron pin set and the true point of beginning (said arc being subtended by a chord bearing North 78 degrees 57 minutes 34 seconds West a distance of 825.83 feet). The above-described property contains 67.300 acres and is depicted on that certain plat of Boundary Survey for Calibre Gwinnett II, Ltd. and Banc-Boston Real Estate Capital Corporation, dated October 22, 1985, last revised December 12, 1985, said plat bearing the seal and certification of Randall W. Dixon, Georgia Registered Surveyor Number 1678, and being incorporated herein by this reference. This being the same property designated on the Gwinnett County Tax Maps as Tax Parcel 6-291-011. Tax Map Parcel #6-266-21 All that tract or parcel of land lying and being in Land Lot 266 of the 6th District of Gwinnett County, Georgia, comprising
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1.6664 acres, more or less, as per that certain plat of survey prepared for Bradley-Ewing Equipment Co. by Horlbeck Associates, Inc., dated August 6, 1984, and bearing the seals of Louis J. Menchio, Georgia Registered Land Surveyor Number 1780, and Robert E. Horlbeck, Georgia Registered Land Surveyor Number 1942, and being more particularly described as follows: Beginning at an iron pin found at a point located on the Northwesterly side of the right-of-way line of U. S. Highway Number 23 (having a 100 foot right-of-way and 28 feet of pavement), 1,250 feet Southwesterly from the intersection of the Northwesterly side of the right-of-way line of U. S. Highway Number 23 and the right-of-way line of Pleasant Hill Road, run thence South 46 degrees 33 minutes 31 seconds West along the Northwesterly side of the right-of-way line of U. S. Highway Number 23 a distance of 171.91 feet to a point; run thence North 43 degrees 26 minutes 29 seconds West a distance of 352.33 feet to a point; run thence North 47 degrees 30 minutes 00 seconds East along a Southern Railroad right-of-way (having a 200 foot right-of-way) a distance of 242.11 feet to an iron pin found; run thence South 32 degrees 03 minutes 11 seconds East along the Southwesterly boundary line of property now or formerly owned by M. T. McDaniel, Jr. and Mrs. C. N. McGee a distance of 355.34 feet to an iron pin found on the Northwesterly side of the right-of-way line of U. S. Highway Number 23 at the true point of beginning. Tax Map Parcel #6-266-32 All that tract or parcel of land lying and being in Land Lots 266 and 267 of the 6th District of Gwinnett County, Georgia, comprising 2.8102 acres, more or less, as per that certain plat of survey prepared for Bradley-Ewing Equipment Co. by Horlbeck Associates, Inc., dated August 6, 1984, and bearing the seals of Louis J. Menchio, Georgia Registered Land Surveyor Number 1780, and Robert E. Horlbeck, Georgia Registered Land Surveyor Number 1942, and being more particularly described as follows: To find the true point of beginning, commence at an iron pin found at a point located on the Northwesterly side of the right-of-way line of U. S. Highway Number 23 (having a 100 foot right-of-way and 28 feet of pavement), 1,250 feet Southwesterly
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from the intersection of the Northwesterly side of the right-of-way line of U. S. Highway Number 23 and the right-of-way line of Pleasant Hill Road, run thence South 46 degrees 33 minutes 31 seconds West along the Northwesterly side of the right-of-way line of U. S. Highway Number 23 a distance of 171.91 feet to a point located at the true point of beginning; run thence from the true point of beginning as thus established South 46 degrees 33 minutes 31 seconds West along the Northwesterly side of the right-of-way line of U. S. Highway Number 23 a distance of 346.36 feet to a point; run thence North 42 degrees 54 minutes 08 seconds West along the Northeasterly boundary line of property now or formerly owned by Georgia Industrial Realty Company a distance of 357.98 feet to an iron pin found; run thence North 47 degrees 30 minutes 00 seconds East along a Southern Railroad right-of-way (having a 200 foot right-of-way) a distance of 343.04 feet to a point; run thence South 43 degrees 26 minutes 29 seconds East a distance of 352.33 feet to a point located on the Northwesterly side of the right-of-way line of U. S. Highway Number 23 at the true point of beginning. Tax Map Parcel #7-203-92 All that tract or parcel of land lying and being in Land Lots 203 and 204 of the 7th Land District, Gwinnett County, Georgia, containing a total of 3.8 acres as shown on plat prepared by S. R. Fields, Surveyor, dated April 6, 1973, and being more particularly described as follows: To find the point of beginning, commence at a point formed by the intersection of the centerline of Rogers Bridge Road and the North line of Land Lot 204, 7th District, Gwinnett County, Georgia; thence Southeasterly along the centerline of Rogers Bridge Road 1141 feet to a point which point is the point of beginning; thence Southeasterly along the centerline of Rogers Bridge Road 100 feet to a point; thence South 62 degrees 38 minutes West 388 feet to an iron pin; thence South 19 degrees 59 minutes East 129.2 feet to an iron pin; thence South 61 degrees 57 minutes West 559.2 feet to an iron pin; thence North 28 degrees 00 minutes West 221.1 feet to an iron pin; thence North 62 degrees 00 minutes East 991.0 feet to a point in the centerline of Rogers Bridge Road which point is the point of beginning.
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Tax Map Parcel #7-203-50 All that tract or parcel of land lying and being in the County of Gwinnett, in the 7th Land District, containing five (5) acres, more or less, located on the Rogers Ferry Road, and more particularly described as follows: Beginning at a rock corner on the Rogers Ferry Road adjoining lands of Ogden, formerly G. L. Veal, on the North; thence South along said road to an iron stake; thence West about 1,000 feet along the line of A. C. Woodward to a rock corner; thence North an equal distance with the line along said rock to a rock corner; and thence to said road, and starting point. This is the same land conveyed by James O. Johnson to Mrs. Lillie A. Stickland on July 20, 1945 by Deed to be recorded at the same time as this Deed. Less and except: all that tract or parcel of land containing 3.8 acres which was conveyed April 19, 1973 by Mrs. Willie S. Maddox and Byrd Maddox to Harry E. Bethea by Warranty Deed recorded at Deed Book 651, Page 216, Gwinnett County Deed Records, which Deed is incorporated herein by reference thereto for a more particular and complete description of the lands sold out of the above property. Tax Map Parcel #7-203-48 All that tract or parcel of land lying and being in Land Lots 203 and 204 of the 7th District, Gwinnett County, Georgia, being more particularly described as follows: To find the true point of beginning, begin at the intersection formed by the centerline of Rogers Bridge Road and the centerline of Southern Railroad; thence Northwesterly along the centerline of Rogers Bridge Road 1807.6 feet to a point; thence South 60 degrees 43 minutes West 18.4 feet to a point on the Southwesterly right-of-way of Rogers Bridge Road and the true point of beginning; thence South 60 degrees 43 minutes West along the Northwesterly line of property now or formerly owned by David M. Lacy, et al, 250 feet to an iron pin found; thence North 33 degrees 49 minutes West 100 feet to an iron pin found; thence North 60 degrees 43 minutes East along the Southeasterly line of property now or formerly owned by David M. Lacy, et al,
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250 feet to a point on the Southwesterly right-of-way of Rogers Bridge Road; thence South 33 degrees 49 minutes East along the Southwesterly right-of-way of Rogers Bridge Road 100 feet to the true point of beginning. Being described according to plat of survey made by Hannon, Meeks Bagwell, dated July 1, 1977, and containing 0.572 acres according to said survey. Being the same property described in Executor's Deed from Dorothy Elizabeth Kobeck, Executrix of the Last Will and Testament of Barney Ellis Kobeck to Dorothy E. Kobeck, dated January 14, 1977, recorded in Deed Book 1217, Page 277, Gwinnett County Records. Tax Map Parcel #7-202-43 All that tract or parcel of land lying and being in Land Lots 201, 202, 203, and 204 of the 7th District, Gwinnett County, Georgia, containing 10.2424 acres being designated as Tract Two (2) as shown on a plat of survey for Villa D. Ray and Albert Wesley Howell, dated March 27, 1980 by Hannon, Meeks and Bagwell, Surveyors, as recorded in Plat Book 12, Page 206, Gwinnett County, Georgia Records, and said plat by reference is incorporated herein for legal description of said property. This is the same tract of land conveyed to Villa Dean Ray by executors of Wilma A. Howell Estate, dated March 28, 1980 and recorded in deed Book 1922, Page 48, Gwinnett County Records. Tax Map Parcel #6-328-1 All that tract or parcel of land lying and being in Land Lot 328 of the 6th District of Gwinnett County, Georgia, according to survey of C. M. Higginbotham, Surveyor, dated March and September of 1960, revised November 10, 1964 and October 13, 1970, titled survey for William Jones, being Tract #2 as shown on said Plat, containing 2.91 acres and being more particularly described as follows: Beginning at the point of intersection of the West right-of-way line of relocated Georgia Highway Number 120 with the South bank of the Chattahoochee River and running thence along the bank of said river South 72 degrees 68 minutes West 20 feet, and South 51 degrees 25 minutes West 602 feet to an
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iron pin corner on the original line between Land Lots 327 and 328 in said Land District; thence South 30 degrees 37 minutes East along the said original line 206.7 feet; thence North 52 degrees 50 minutes East 574.7 feet to a point on the West right-of-way line of relocated Georgia Highway Number 120; and thence in a Northerly direction along said highway right-of-way 228.1 feet to the point of beginning. The plat referred to above of C. M. Higginbotham is recorded along with an Affidavit of George Pinion in Deed Book 365, Pages 236-238, Gwinnett County Records. Tax Map Parcel #6-267-48 All that tract or parcel of land lying and being in Land Lot 267 of the 6th Land District, Gwinnett County, Georgia, containing 1.089 acres, as shown and delineated on plat of survey for Plant Improvement Company, Inc. by McNally, Patrick Cole, Inc. dated May 29, 1980, and more fully described according to said plat of survey as follows: BEGINNING at a point formed by the intersection of the northwesterly right-of-way line of Buford Highway, also known as Highway 23, and the northeasterly right-of-way line of Berkeley Lake Road, and running thence along the right-of-way line of Berkeley Lake Road, North 52 degrees 27 minutes 21 seconds West a distance of 176.66 feet to a point; thence continuing along said right-of-way line North 54 degrees 33 minutes 45 seconds West a distance of 179.04 feet to a point; thence running North 34 degrees 56 minutes 7 seconds East a distance of 31.16 feet to a point; thence running South 78 degrees 19 minutes 00 seconds East a distance of 296.40 feet to a point; thence running South 89 degrees 58 minutes 00 seconds East a distance of 182.03 feet to a point on the northwesterly right-of-way line of Buford Highway; thence running along the right-of-way line of the said Buford Highway, South 49 degrees 6 minutes 00 seconds West a distance of 270.15 feet to the point or place of beginning. Tax Map Parcel #6-324-13 All that tract or parcel of land lying and being in Land Lots 324 and 328 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows:
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Beginning at an iron pin on the Southwest line of the right-of-way of Georgia Highway Number 120, located 785 feet Southeast, as measured along the Southwest line of said right-of-way, from the intersection of the Southwest line of said right-of-way with the bank of the Chattahoochee River, said point of beginning being a corner of lands now or formerly owned by Anderson Bait Distributors, Inc.; thence Southeast along the Southwest line of said right-of-way 505.3 feet to an iron pin, corner of lands now or formerly owned by Marion B. McCoy; thence Southwest, at an interior angle of 89 degrees 55 minutes 30 seconds with the preceding call, 741 feet along the line of Marion B. McCoy and Mrs. Florence McCoy to an iron pin on the line of Land Lot 324; thence Northwest at an interior angle of 71 degrees 42 minutes with the preceding call, and along the Southwest line of Land Lot 324 to an iron pin at the common corner of Land Lots 324, 325, 327, and 328; thence continuing Northwest at an interior angle of 180 degrees 44 minutes with the preceding call and along the Southwest line of Land Lot 328 a distance of 273.5 feet, more or less, to an iron pin in the corner of lands now or formerly owned by Anderson Bait Distributors, Inc.; thence Northeast with the line of said Anderson Bait Distributors, Inc. at an interior angle of 88 degrees 23 minutes with the preceding call, 565.3 feet to a point on the Southwest line of the right-of-way of Georgia Highway Number 120, the point of beginning. Tax Map Parcel #6-290-5 All that tract or parcel of land lying and being in Land Lot 290 of the 6th Land District of Gwinnett County, Georgia, being more particularly described as follows: Tract 1 Beginning at a right-of-way monument located on the Northeast right-of-way of Berkeley Lake Road at the Northwest intersection of the rights-of-way of Berkeley Lake Road and Peachtree Industrial Boulevard; thence North 46 degrees 23 minutes 48 seconds West along the Northeast right-of-way of Berkeley Lake Road 345.49 feet to an iron pin; thence North 59 degrees 14 minutes 38 seconds East 463.79 feet to an iron pin on the West right-of-way of Peachtree Industrial Boulevard; thence South 12 degrees 39 minutes 35 seconds West along said right-of-way
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468.93 feet to a right-of-way monument; thence South 68 degrees 33 minutes 21 seconds West along the right-of-way 49 feet to a right-of-way monument on the Northeast right-of-way of Berkeley Lake Road and the point of beginning. Being 1.9895 acres and shown as Tract Number 1 on survey for The Russell Corporation by Robert C. Pace, RLS, dated May 18, 1984, and revised July 26, 1984 and recorded at Plat Book 27, Page 123, Gwinnett County, Georgia, Records. Tract 2 Beginning at a right-of-way monument located on the Northeast right-of-way of Peachtree Industrial Boulevard at the Northeast intersection of the rights-of-way of Berkeley Lake Road and Peachtree Industrial Boulevard; thence North 12 degrees 39 minutes 35 seconds East along said right-of-way 284.29 feet to a right-of-way monument; thence South 77 degrees 20 minutes 25 seconds East 20 feet to a right-of-way monument, thence North 12 degrees 39 minutes 35 seconds East 40 feet to a right-of-way monument; thence North 77 degrees 20 minutes 25 seconds West 20 feet to a right-of-way monument; thence continuing Northeast along said right-of-way North 12 degrees 39 minutes 35 seconds East 340 feet to a right-of-way monument; thence South 77 degrees 20 minutes 25 seconds East 20 feet to a right-of-way monument; thence North 11 degrees 42 minutes 23 seconds East 58.22 feet to a right-of-way monument; thence North 59 degrees 14 minutes 39 seconds East 883.66 feet to an iron pin; thence South 30 degrees 20 minutes 02 seconds East 800.51 feet to an iron pin; thence South 59 degrees 48 minutes 30 seconds West 1367.38 feet to an iron pin on the Northeast right-of-way of Berkely Lake Road; thence Northwest along said right-of-way 195.13 feet to a right-of-way monument, thence North 17 degrees 13 minutes 09 seconds West along the right-of-way 87.18 feet to a right-of-way monument on the East right-of-way of Peachtree Industrial Boulevard and the point of beginning. Being 22.469 acres and shown as Tract Number 2 on survey for The Russell Corporation by Robert C. Pace, RLS, dated May 18, 1984, and revised July 26, 1984, and recorded at Plat Book 27, Page 123, Gwinnett County, Georgia Records. Tax Map Parcel $6-291-1 All that tract or parcel of land lying and being in Land Lots 291 and 292 of the 6th District of Gwinnett County, Georgia, being more particularly described as follows:
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Beginning at an iron pin set on the Easterly right-of-way of Pleasant Hill Road (50 foot right-of-way), said iron pin being located a distance of 696.39 feet Northerly along said right-of-way from its intersection with the line common to Land Lots 266 and 291, said District and County; from said point of beginning thence traveling on a curve to the right along said right-of-way an arc distance of 251.92 feet to a point on said right-of-way; said arc being subtended by a chord bearing North 08 degrees 53 minutes 01 seconds East a chord distance of 251.01 feet and having a radius of 854.121 feet; thence continuing along said right-of-way North 17 degrees 20 minutes East a distance of 318.87 feet to a point on said right-of-way; thence along a curve to the left an arc distance of 498.85 feet to a point on said right-of-way; said arc being subtended by a chord bearing North 06 degrees 39 minutes West a chord distance of 484.41 feet and having a radius of 595.871 feet; thence traveling North 30 degrees 36 minutes West a distance of 155.28 feet to a point on said right-of-way; thence traveling North 30 degrees 38 minutes West a distance of 261.78 feet to a point on said right-of-way; thence along a curve to the right along said right-of-way an arc distance of 219.88 feet to a point on said right-of-way; said arc being subtended by a chord bearing North 28 degrees 22 minutes 32 seconds West a chord distance of 219.82 feet and having a radius of 2789.789 feet; thence leaving said right-of-way and traveling North 60 degrees 37 minutes 56 seconds East a distance of 1150.54 feet to a point; thence traveling South 30 degrees 26 minutes 15 seconds East a distance of 430.37 feet to a point; thence traveling North 60 degrees 21 minutes 58 seconds East a distance of 30.10 feet to a point; thence South 30 degrees 21 minutes 42 seconds East a distance of 51.36 feet to a point; thence traveling South 30 degrees 21 minutes 42 seconds East a distance of 682.46 feet to a point; thence traveling South 59 degrees 22 minutes 29 seconds West a distance of 517.32 feet to a point on the line common to Land Lots 291 and 292, said District and County; thence traveling South 30 degrees 15 minutes 53 seconds East along said land lot line a distance of 308.20 feet to an iron pin set on the line common to Land Lots 292 and 291, said District and County; thence traveling South 60 degrees 24 minutes 26 seconds West a distance of 467.90 feet to a point; thence traveling South 59 degrees 36 minutes 20 seconds West a distance of 790.40 feet to an iron pin set on the Easterly right-of-way of Pleasant Hill Road, said iron pin set being the true point of beginning.
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All as shown on that certain survey for American Residential Properties, Inc., prepared by Hannon, Meeks Bagwell, Surveyors and Engineers, Inc., stamped by Miles H. Hannon, Georgia Registered Land Surveyor Number 1528, dated August 23, 1984, last revised November 19, 1984. Tax Map Parcel #7-161-22A All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District of Gwinnett County, Georgia, containing.25 acres, according to survey of C. M. Higginbotham, Surveyor, of November 19, 1957; bounded on the North by a street, on the Southeast by the shoreline of Lake Norman, South and West by lands of Murphy. Said lot is more particularly described as follows, according to said survey and plat. Begin at the intersection of the Eastern limits of the Town of Duluth with the Southerly side of Murphy Circle and run thence North 85 degrees 45 minutes East 133 feet along said street to a stake corner; thence South 20 degrees 46 minutes East 21 feet to a corner on the shore line of Lake Norman; thence Southwesterly along said lake shoreline 130 feet, more or less, to a stake corner; thence North 75 degrees 28 minutes West 67 feet to a stake corner and thence North 11 degrees 45 minutes East 81.4 feet to the point of beginning. The beginning point above referred to is more definitely described as being 317 feet Easterly from the intersection of the Southerly side of the street upon which this lot abuts from the center line of the street known as Norman Circle. Tax Map Parcel #7-161-22 All that tract or parcel of land lying and being in Land Lot 161 of the 7th District, Gwinnett County, Georgia, containing 0.71 acres as per plat prepared by Higginbotham and James dated June 10, 1964, and more particularly described as follows: Beginning at a point and an iron pin stake at the Northeast corner where Norman Circle intersects Murphy Circle, and running thence along the meanderings of the Southeast right-of-way line of Murphy Circle a distance of 302.0 feet to an iron pin stake; thence South 11 degrees 45 minutes West 81.4 feet
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to an iron pin stake; thence South 75 degrees 28 minutes East 67.0 feet to an iron pin stake; thence South 72 degrees 09 minutes West 25.2 feet to an iron pin stake; thence South 65 degrees 05 minutes West 234.5 feet to an iron pin stake at the Northeast right-of-way line of Norman Circle; thence traveling along the Northeast right-of-way line of Norman Circle a distance of 108.0 feet to the intersection of Norman Circle and Murphy Circle at an iron pin stake and the point of beginning. This property is further identified in the Tax Records of Gwinnett County as Parcel Number 22 in Land Lot 161 of the 7th Land District. Tax Map Parcel #7-161-14C All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District of Gwinnett County, Georgia, being part of the land now or formerly of Mrs. Willine D. Murphy, and being located in the corner of Norman Circle and Lakeview Drive, and being more particularly described by a plat of survey for Grant E. Warren by C. M. Higginbotham, Surveyor, dated October 15, 1960, as follows: Beginning at the Northwest corner of the right-of-ways or Norman Circle and Lakeview Drive, running thence North 33 degrees 10 minutes West 150 feet along Norman Circle to a corner; thence North 55 degrees 43 minutes East 223 feet to Lakeview Drive; thence South-Southwesterly along Lakeview Drive 281 feet to the point of beginning. Tax Map Parcel #7-161-14I, J, K All that tract or parcel of land lying and being in Land Lot 161 of the 7th District of Gwinnett County, Georgia, and being more particularly described as follows: Beginning at a point on the Northeasterly side of Norman Circle, which point is located 315 feet Northwesterly from the intersection of the Northeasterly side of Norman Circle with the Northwesterly side of Lakeview Drive, as measured along the Northeasterly side of Norman Circle; thence North 33 degrees 10 minutes West along the Northeasterly side of Norman Circle a distance of 40 feet; thence North 30 degrees 20 minutes West
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along the Northeasterly side of Norman Circle a distance of 250 feet; thence North 55 degrees 11 minutes East a distance of 214.2 feet to the Southwesterly side of Lakeview Drive; thence South 32 degrees 47 minutes East along the Southwesterly side of Lakeview Drive a distance of 320 feet; thence South 62 degrees 50 minutes West a distance of 225.2 feet to the Northeasterly side of Norman Circle at the point of beginning, and being improved property having located thereon a one-story brick residence as shown by plat of survey made by C. M. Higginbotham, Surveyor, dated October 15, 1960, and revised December 9, 1960. Also, the following described tract and parcel of land lying and being in Land Lot 161 of the 7th District of Gwinnett County, Georgia, and being more particularly described as follows, to-wit: Beginning at a point on the Northeasterly side of Norman Circle which point is located 605 feet Northwesterly from the intersection of the Northeasterly side of Norman Circle with the Northwesterly side of Lake View Drive as measured along the Northeasterly side of Norman Circle, said point of beginning being located 626 feet South 30 degrees 20 minutes East of the intersection of the Northeasterly side of said Norman Circle with the centerline of an unnamed street; running thence North 30 degrees 20 minutes West along the Northeasterly side of said Norman Circle from said beginning point a distance of 203 feet to an iron pin; running thence North 65 degrees 30 minutes East 198 feet to an iron pin located on the shore line of Lake Norman; running thence Southeasterly along the Southwesterly shore line of said Lake Norman South 62 degrees 23 minutes East for a distance of 170.4 feet to an iron pin; running thence South 42 degrees 41 minutes West for a distance of 78 feet to an iron pin; running thence South 55 degrees 11 minutes West 214.2 feet to an iron pin located on the Southeasterly side of said Norman Circle and point of beginning. Also, the following described tract and parcel of land lying and being in Land Lot 161 of the 7th District of Gwinnett County, Georgia, and being more particularly described as follows, to-wit: Commencing at a stake on the Northeasterly side of Norman Circle 808 feet Northwesterly from the intersection of the Northeasterly
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side of Norman Circle with the Northwesterly side of Lake View Drive, said point of beginning also being located 423 feet Southeasterly of the intersection of the Northeasterly side of Norman Circle with the centerline of an unnamed street; running thence from said point of beginning North 26 degrees 19 minutes West 100 feet along the Northeasterly side of said Norman Circle to a stake; running thence North 65 degrees 30 minutes East 232 feet, more or less, to the waterline of the Westerly side of Lake Norman; running thence Southeasterly along the waterline of said Lake Norman 100 feet; running thence south 65 degrees 30 minutes West 223 feet, more or less, to a stake located on the Northeasterly side of said Norman Circle and point of beginning. Tax Map Parcel #6-292-12 All that tract or parcel of land lying and being in Land Lot 292 of the 6th District of Gwinnett County, Georgia, and being Lot 6 and a part of Lot 7 of the Woodrow Wilson Subdivision, as shown on Plat by Higginbotham James, Surveyors, dated February 16, 1962, and being more particularly described as follows: Beginning at the Northwest corner of Howell Road and Anderson Street, and running thence North 63 degrees 55 minutes West along the Northerly side of Howell Road, 85 feet to an iron pin at the Southeast corner of Lot 5, which point is 200 feet Easterly from the intersection of Howell Road and U. S. Highway Number 23, as measured along the Northerly side of Howell Road, and running thence North 34 degrees 10 minutes East along the Easterly side of Lot 5, 155 feet to an iron pin; thence South 53 degrees 35 minutes East 75.2 feet to an iron pin on the Westerly side of Anderson Street; thence South 30 degrees 22 minutes West along the Westerly side of Anderson Street 140.3 feet to the Northwest corner of Anderson Street and Howell Road at the point of beginning. Tax Map Parcel #6-266-27 All that tract or parcel of land lying and being in Land Lot 266 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows:
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Beginning at the intersection of the Southwestern right-of-way line of Pleasant Hill Road (150 foot right-of-way) and the Northwestern right-of-way line of the Southern Railroad (200 foot right-of-way); running thence South 49 degrees 38 minutes 15 seconds West along the Northwestern right-of-way line of Southern Railroad 1,458.53 feet to an iron pin found; running thence North 31 degrees 00 minutes 30 seconds West 1,031 feet to an iron pin set; running thence North 59 degrees 32 minutes 40 seconds East 1,448.51 feet to a point on the Southwestern right-of-way line of Pleasant Hill Road; running thence South 30 degrees 19 minutes 30 seconds East (and at an interior angle of 89 degrees 52 minutes 10 seconds with the last mentioned course) along the Southwestern right-of-way line of Pleasant hill Road 780 feet to the point of beginning, containing 30 acres, and being described according to survey by Bingham Associates, Inc. dated June 7, 1979 for Williams Joint Enterprises, Inc. Tax Map Parcel #7-201-20 A tract of land, being the property of Atlanta Gas Light Company, said tract of land being in two parcels and located in Land Lot 201, District 7, Gwinnett County, Georgia, and being described as follows: Tract 1 Beginning at the intersecting point of the Southwesterly land lot line of Land Lot 201 and the Easterly right-of-way line of Buford Highway (U. S. Highway Number 23); thence Northeasterly along the Easterly right-of-way line of Buford Highway (U. S. Highway Number 23) and following the curvature thereof a distance of 317.46 feet to an iron pin and the point of beginning; thence South 57 degrees 30 minutes 00 seconds East a distance of 333.30 feet to a point (I.P.F.); thence South 80 degrees 51 minutes 00 seconds East along the Northerly right-of-way line of Old Peachtree Road a distance of 115.82 feet to a point (I.P.F.); thence North 30 degrees 43 minutes 20 seconds East a distance of 292.79 feet to a point (I.P.F.); thence North 31 degrees 18 minutes 40 seconds West a distance of 385.66 feet to a point (I.P.F.); thence South 59 degrees 25 minutes 40 seconds West a distance of 231.18 feet to a point (I.P.F.); thence South 26 degrees 28 minutes 40 seconds West along the Easterly right-of-way
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line of Buford Highway (U. S. Highway Number 23) a distance of 78.30 feet to a point (I.P.F.); thence Southwesterly along the Easterly right-of-way line of Buford Highway (U. S. Highway Number 23) and following the curvature thereof a distance of 225.48 feet to the point of beginning, containing 4.23 acres as per survey made by Universal Associates, Inc., for Atlanta Gas Light Company, dated June 13, 1973. Tract 2 Beginning at the intersecting point of the Southwesterly land lot line of Land Lot 201 and the Easterly right-of-way line of Buford Highway (U. S. Highway Number 23); thence Northeasterly along the Easterly right-of-way line of Buford Highway (U. S. Highway Number 23) and following the curvature thereof a distance of 146.70 feet to an iron pin, the point of beginning; thence continuing Northeasterly along the Easterly right-of-way line of Buford Highway (U. S. Highway Number 23) a distance of 130.03 feet to a point (I.P.F.); thence South 57 degrees 30 minutes 00 seconds East a distance of 248.00 feet to a point (I.P.F.); thence Southwesterly along the Northerly right-of-way line of Old Peachtree Road a distance of 287.10 feet to the point of beginning, containing.34 acres, as per survey made by Universal Associates, Inc., for Atlanta Gas Light Company, dated June 13, 1973. Tax Map Parcel #6-292-29 All that tract or parcel of land lying and being in Land Lot 292, 6th District of Gwinnett County, Georgia, and more particularly described as follows: Beginning at an iron pin on the Southeasterly side of U. S. Highway Number 23, 87.5 feet Southwesterly from the point where the Southeasterly side of U. S. Highway Number 23 intersects the centerline of Howell Road; thence South 32 degrees 00 minutes 00 seconds East 200.01 feet to an iron axle; thence South 30 degrees 30 minutes 00 seconds West 200.05 feet to a rebar; thence North 32 degrees 00 minutes 00 seconds West 200.00 feet to a rebar on the Southeasterly side of U. S. Highway Number 23; thence North 30 degrees 30.00 minutes 00 seconds East along the Southeasterly side of said highway 200.05 feet to an iron pin at the point of beginning; same being Tract II
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as per plat of survey for Stamps-Brown Tire Company, II, Inc., dated September 28, 1983, by Metro Engineering Survey Company, Inc. Tax Map Parcel #6-292-31, 51 All that tract or parcel of land lying and being in Land Lots 265 and 292 of the 6th District, Gwinnett County, Georgia, being Lots 22, 23, 24, 25 and 26 of the subdivision of the Mack Pittard Property, according to plat of survey recorded in Plat Book D, Page 209, Gwinnett County Records, which plat is incorporated herein and made a part hereof by reference. Tax Map Parcel #6-292-28 All that tract or parcel of land lying and being in the 6th Land District of Gwinnett County, Georgia, and being Lot Number 1 of the Woodrow Wilson Subdivision, on the Southerly side of U. S. Highway Number 23. A blueprint of said subdivision from plat and survey of C. A. Black, Surveyor, dated October 2, 1951, is recorded in Plat Book E, Page 257, Plat Records of Gwinnett County, Georgia, and by reference said plat and the record thereof are incorporated herein and made a part of this description. Said lot is more particularly described according to said plat and survey as follows, to-wit: Begin at the intersection of the Southerly right-of-way line of U. S. Highway Number 23 with the Westerly side of a 40 foot laid out in said subdivision, run thence in a Southerly and Southwesterly direction along the Westerly side of said street 191 feet to the intersection with another street in said subdivision, and continue along such street in a Westerly direction 100 feet to a corner; thence in a Northerly direction 200 feet to a corner on the Southerly right-of-way line of said U. S. Highway Number 23 and thence Easterly along said right-of-way 60 feet to the point of beginning. Tax Map Parcel #6-292-36 All that tract or parcel of land lying and being in the 6th Land District of Gwinnett County, Georgia, being Lot Number 1 and part of Lots 2 and 3 of the subdivision of lands now or formerly of Cicero A. Harkness, as shown on a plat of said subdivision
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prepared by C. A. Black, Surveyor, dated November 24, 1950, blue print of which is recorded in Plat Book E, Page 197 of the Plat Records of Gwinnett County, Georgia, and particularly described as follows: Begin at the Southwest corner of Lot 1 of said subdivision on the Northerly right-of-way line of U. S. Highway Number 23 (Atlanta-Gainesville Highway) and run thence North 30 1/2 degrees East along said highway right-of-way 125 feet to a corner; thence in a Northwesterly direction diagonally across Lots 3 and 2, 214 feet, more or less to a corner on the Southerly side of the old road, at a point 10 feet Northeasterly from the Northwest corner of Lot 2; thence South 22 1/2 derees West 60 feet to a corner on said road; thence South 32 degrees East 214 feet to the point of beginning. Tax Map Parcel #6-292-32 All that tract or parcel of land lying and being in the 6th Land District of Gwinnett County, Georgia, being Lot Numbers 20 and 21 of the subdivision of land known as the Mack Pittard property, as shown on a subdivision of the same as per a plat by H. L. Dunahoo, Surveyor, prepared December, 1946, a copy of which is recorded in Plat Book D, Page 209, in the Office of the Clerk of the Superior Court of Gwinnett County, Georgia, and which by reference is incorporated herein and made a part of this description. As shown on said plat, said lots join, each fronting 50 feet on the East side of the Atlanta-Gainesville paved highway, and together fronting 100 feet on said highway, running back in an Easterly direction, even width, for 200 feet, bounded on the North by Lot Number 22 of said subdivision; on the East by Lot Number 84; on the South by Lot Number 19, and on the West by the Atlanta-Gainesville paved highway, (U. S. Highway Number 23). Tax Map Parcel #6-292-37 All that tract or parcel of land lying and being in the 6th Land District of Gwinnett County, Georgia, and being more fully described as follows:
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Beginning at a stake corner on the North side of U. S. Highway Number 23 and running North 30 degrees 30 minutes East along said Highway 100 feet to a stake corner; thence North 32 degrees West 214 feet, more or less, to a public road; thence South 22 degrees 30 minutes West 100 feet to a stake corner; thence South 32 degrees East 214 feet, more or less, to the beginning corner. This property being Lot Numbers 3 and 4 as shown by a plat made by C. A. Black, November 24, 1950. Tax Map Parcel #6-264-307, 308, 309 All that tract or parcel of land lying and being in Land Lot 264 of the 6th Land District of Gwinnett County, Georgia, being that land designated as Lot 5, Lot 6, and Lot 7, of Unit 2, Governors Landing Subdivision as shown on a subdivision plat prepared by Precision Planning, Inc. dated June 4, 1985, which plat is recorded in Plat Book 32, Page 91, Gwinnett County, Georgia Records, which plat is incorporated herein by reference for a more particular description. Tax Map Parcel #6-292-33, 34, 34A, 35 All that tract or parcel of land lying and being in Land Lots 292 and 265 of the 6th Land District of Gwinnett County, Georgia, being that property designated as Lots 29, 30, 31, 32, and 33 of the Mack Pittard property as shown on a plat of survey prepared by H. L. Dunahoo, dated December, 1946, recorded in Plat Book D, Page 209, Gwinnett County, Georgia Records, which plat is incorporated herein by reference for a more particular description. Tax Map Parcel #6-292-15, 6-292-64 All that tract or parcel of land lying and being in Land Lot 292 of the 6th District of Gwinnett County, Georgia, which property is designated as Lots 9 and 13 of the property of Woodrow Wilson as shown on a plat of survey prepared by C. A. Black, dated October 2, 1951, which plat is recorded in Plat Book E, Page 257, Gwinnett County, Georgia Records, which plat is incorporated herein by reference for a more particular description.
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Tax Map Parcel #6-292-30 All that tract or parcel of land lying and being in Land Lots 265 and 292 of the 6th Land District, Gwinnett County, Georgia, and being lots 27, 28, and part of Lot 26 and Lot 84 of the Mack Pittard property as shown on plat recorded in Plat Book D, Page 209, Plat Records of Gwinnett County, and more particularly described as follows: Beginning at an iron pin on the Southeasterly right-of-way line of U. S. Highway Number 23 at property now or formerly of D. B. McKerly, Jr. and run thence in a Northeasterly direction along the Southeasterly right-of-way line of U.S. Highway Number 23 a distance of 200 feet to an iron pin at property now or formerly of C. Roach; run thence along property now or formerly of Roach South 29 degrees 31 minutes East a distance of 242.80 feet to an iron pin; thence run South 31 1/4 degrees East a distance of 525 feet to a point; run thence Northwesterly along property now or formerly of Bradford a distance of 370 feet to a point; run thence North 22 1/2 degrees East a distance of 270 feet to an iron pin; thence run North 72 degrees 50 minutes 22 seconds West along property now or formerly of D. B. McKerly, Jr., a distance of 210.82 feet to an iron pin on the Southeasterly right-of-way line of U. S. Highway Number 23, and the place or point of beginning. Tax Map Parcel #6-267-3B All that tract or parcel of land lying and being in Land Lots 266 and 267 of the 6th Land District of Gwinnett County, Georgia, being more particularly described as follows: To find the point of beginning, begin at an iron pin located at the intersection of the Northwesterly line of the right-of-way of the Southern Railroad with the Northeasterly line of the right-of-way of Berkeley Lake Road, also known as McGee Road, North; thence running North 49 degrees 05 minutes 00 seconds West along the Northwesterly line of the right-of-way of the Southern Railroad a distance of 1,070.50 feet to an iron pin found and the point of beginning; from the point of beginning thus established, running thence North 31 degrees 19 minutes 08 seconds West a distance of 1,311.86 feet to an iron pin found; running thence North 58 degrees 31 minutes 00 seconds East a distance of 321.9 feet to an iron pin found; running thence South 31
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degrees 26 minutes 30 seconds East a distance of 1,257.90 feet to an iron pin found on the Northwesterly line of the right-of-way of the Southern Railroad; thence running along the Northwesterly line of the right-of-way of the Southern Railroad South 49 degrees 05 minutes 00 seconds West a distance of 329.2 feet to an iron pin found and the point of beginning; all as is more particularly shown on a plat of survey for The Russell Corporation by Bates-Long Associates, dated January 24, 1985. Tax Map Parcel #7-161-14D All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District, Gwinnett County, Georgia, and more particularly described as follows: Beginning at a point on the Northwest right-of-way of Norman Circle where said right-of-way intersects the Northwest right-of-way of Lake View Drive; running thence along said right-of-way of Norman Circle in a Northwesterly direction a distance of 150 feet to a point; said point being the true point of beginning; thence Northwesterly along said right-of-way of Norman Circle in a Northwesterly direction 165 feet to a point; thence Northeasterly 225.2 feet to a point on the Northwest right-of-way of Lake View Drive; thence along said right-of-way of Lake View Drive in a Southeasterly direction 137 feet to a point; thence Southwesterly 223 feet to a point on the Northeast right-of-way of Lake View Drive; said point being the true point of beginning. Tax Map Parcel #7-161-249 All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District, Gwinnett County, Georgia, known as Tax Parcel 7-161-249 and being more particularly described as follows: Beginning at a point at the intersection of Land Lots 161, 162, 160 and 159, 7th District, Gwinnett County, Georgia, thence Northwesterly along the land lot line dividing Land Lots 161 and 162 a distance of 1,056.25 feet to a point; thence Southwesterly a distance of 162.5 feet to a point, said point being the true point of beginning; thence South-Southwesterly 206 feet to a point on the right-of-way of Brookshire Way, which
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point of the right-of-way is on the cul-de-sac of the present Easternmost terminus of Brookshire Way; thence South-Southeasterly along said right-of-way an arc distance of 47 feet to a point; thence leaving said right-of-way and traveling Eastwardly a distance of 125 feet to a point; thence Northerly a distance of 29 feet to a point; thence Northwesterly a distance of 213 feet to a point, said point being the true point of beginning. Tax Parcel #7-161-19, 19B, 20, 21, and 242 All that tract or parcel of land lying and being in Land Lot 161, 7th District, Gwinnett County, Georgia, and being more particularly described as follows: To find the true point of beginning, commence at the corner formed by the intersection of the Southeasterly side of Lake View Drive with the Northeasterly side of Norman Circle; run thence Northeasterly along the Southeasterly side of Lake View Drive, 300 feet to a point; run thence Northwesterly along the Northeasterly side of Lake View Drive, 146 feet to the true point of beginning; running thence North 33 degrees 50 minutes West along the Northeasterly side of Lake View Drive, 400 feet to a point; running thence North 46 degrees 10 minutes East, 110.4 feet to the edge of Lake Norman; running thence in a generally Southeasterly direction along the edge of Lake Norman, and following the meanderings thereof, 450 feet, more or less, to a point; running thence South 56 degrees 10 minutes West, 167.9 feet to the Northeasterly side of Lake View Drive and the point of beginning; being improved property having a house thereon known as 3166 Lake View Drive, according to the present system of numbering houses in the City of Duluth, Georgia. Tax Parcel #7-161-19A All that tract or parcel of land lying and being in Land Lot 161 of the 7th District, Gwinnett County, Georgia, and being more particularly described as follows: To find the true point of beginning, commence at the corner formed by the intersection of the Southeasterly side of Lake View Drive with the Northeasterly side of Norman Circle; run thence Northeasterly along the Southeasterly side of Lake View Drive 300 feet to a point; run thence Northwesterly
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along the Northeasterly side of Lake View Drive 46 feet to the true point of beginning; run thence North 33 degrees 50 minutes West along the Northeasterly side of Lake View Drive 100 feet to a point; run thence North 56 degrees 10 minutes East 167.9 feet to the edge of Lake Norman; run thence in a generally Southeasterly direction along the edge of Lake Norman, and following the meandering thereof 105 feet, more or less, to a point; run thence South 56 degrees 10 minutes West 134.9 feet to the Northeasterly side of Lake View Drive and the point of beginning. Tax Map Parcel #6-292-8 All that tract or parcel of land lying and being in Land Lots 265 and 292 of the 6th Land District of Gwinnett County, Georgia, containing eight (8) acres, more or less, bounded on the North by lands now or formerly owned by C. R. Bailey; on the East by lands now or formerly owned by the M. T. McDaniel Estate; on the South by lands now or formerly owned by C. D. Pittard and on the West by a road separating this land and land known as the Woodrow Wilson Subdivision. Being part of Tract 5, all of Tract 6, and all of Tract 9 of the J. L. Hall property as shown on survey of G. L. Veal, Surveyor, October 5, 1915, and being all of said three tracts except that portion now owned by C. R. Bailey, and being the same land conveyed to T. L. Smallwood by Mary Overby by Deed dated September 1, 1952, recorded in Deed Book 105, Page 253, Deed Records of Gwinnett County, Georgia. Said property also being the same property described in a Warranty Deed recorded in Deed Book 890, Page 209, which Deed is incorporated herein by reference for a more particular description. Tax Map Parcel #6-267-41 All that tract or parcel of land lying and being in Land Lot 267 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows: Beginning at an iron pin at the intersection of the Northwesterly line of the right-of-way of the Southern Railroad (200 foot right-of-way) with the Northeasterly line of the right-of-way of Berkeley Lake Road, also known as McGee Road, North
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(a varying right-of-way, being an 80 foot right-of-way at said iron pin); thence running North 55 degrees 43 minutes West along the Northeast line of the right-of-way of Berkeley Lake Road, 210.3 feet to an iron pin; thence continuing Northwesterly along the Northeasterly side of said right-of-way and following the curvature thereof an arc distance of 233.64 feet (said arc being subtended by a chord bearing North 48 degrees 21 minutes 50 seconds West a chord distance of 232.98 feet) to an iron pin at the most Southerly corner of property now or formerly owned by the Gwinnett County Water Authority; thence running North 59 degrees 07 minutes East 100 feet to an iron pin; thence running North 37 degrees 29 minutes West 150 feet to an iron pin; thence running South 59 degrees 01 minutes West 100 feet to an iron pin on the Northeasterly line of the right-of-way of Berkeley Lake Road; thence running Northwesterly along the Northeasterly line of said right-of-way and following the curvature thereof an arc distance of 28.83 feet (said arc being subtended by a chord bearing North 25 degrees 44 minutes West a chord distance of 28.83 feet) to an iron pin; thence running South 60 degrees 02 minutes West along said right-of-way 10 feet to an iron pin located on said right-of-way (said right-of-way narrowing to a 60 foot right-of-way at said iron pin); thence running North 30 degrees 07 minutes West along the Northeasterly line of said right-of-way 894.9 feet to an iron pin; thence running North 58 degrees 31 minutes East 1,215.2 feet to an iron pin; thence running South 31 degrees 19 minutes 08 seconds East 1,311.86 feet to an iron pin on the Northwesterly line of the Southern Railroad right-of-way; thence running South 49 degrees 05 minutes West along the Northwesterly line of said right-of-way 1,070.5 feet to the point of beginning; all as is more particularly shown on a plat of survey for the Russell Corporation prepared by Bates-Long Associates, stamped by J. Paul Bates, Registered Land Surveyor Number 936 and stamped by Fred Wilson Long, Registered Land Surveyor Number 1685, dated January 24, 1985. Tax Map Parcel #6-267-26 All that tract or parcel of land lying and being in Land Lots 266, 267, and 290 of the 6th Land District of Gwinnett County, Georgia, and being more particularly described as follows: Begin at the corner common to Land Lots 266, 267, 290 and 291 of the 6th Land District of Gwinnett County, Georgia,
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and from said corner proceed thence North 57 degrees 15 minutes East along the Southeast land lot line of Land Lot 291 a distance of 92.0 feet to an iron pin; proceed thence South 31 degrees 29 minutes East a distance of 782.5 feet to an iron pin; proceed thence South 58 degrees 31 minutes West a distance of 1,537.1 feet to an iron pin located on the Northeasternmost right-of-way line of McGee Road North (a 60 foot right-of-way at this point); proceed thence along the aforesaid Northeasternmost right-of-way the following bearings and distances: North 30 degrees 01 minutes West a distance of 600 feet to a point; North 29 degrees 02 minutes West a distance of 300 feet to a point; North 26 degrees 59 minutes West a distance of 180 feet to a point; North 24 degrees 52 minutes West a distance of 125.0 feet to a point; North 27 degrees 12 minutes West a distance of 47.3 feet to a point. Proceed thence in a Northwesterly direction along the aforesaid Northeasternmost right-of-way line following the curvature thereof an arc distance of 110.15 feet to a point, said arc being subtended by a chord 110.11 feet in length and bearing North 25 degrees 51 minutes West; proceed thence in an offset along the aforesaid Northeasternmost right-of-way line North 60 degrees 06 minutes East a distance of 10 feet to a point; proceed thence in a Northwesterly direction along the aforesaid Northeasternmost right-of-way line following the curvature thereof an arc distance of 206.12 feet to an iron pin, said arc being subtended by a chord 205.91 feet in length and bearing North 34 degrees 24 minutes West; proceed thence North 59 degrees 14 minutes East a distance of 1,367.8 feet to an iron pin located on the Easternmost land lot line of Land Lot 290; proceed thence along the aforesaid Easternmost land lot line of Land Lot 290 South 32 degrees 00 minutes East a distance of 767.7 feet to a point marking the corner common to Land Lots 166, 267, 290 and 291 which common corner is the point of beginning. Said tract or parcel of land containing 52.105 acres and being more particularly shown on that survey for Atlanta Warehouse Associates Limited Partnership, et al, prepared by Bates-Long Associates, dated January 17, 1984, which survey is incorporated herein by this reference. Tax Map Parcel #7-203-45 All that tract or parcel of land lying and being in the 7th Land District of Gwinnett County, Georgia, on the Rogers Ferry Road, being bounded on the Northeast by the Rogers Ferry Road,
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on the Southeast and Southwest by property now or formerly owned by Mrs. Dessie Phillips, and on the Northwest by property now or formerly owned by L. R. Echols and A. M. Bagwell, being more particularly described as follows: Beginning at a common corner with A. M. Bagwell on the West side of the Rogers Ferry Road and running thence Southeast along said road a distance of 75 feet to a corner with Mrs. Dessie Phillips; thence running Southwest a distance of 300 feet to a corner with Mrs. Dessie Phillips; thence running Northwest a distance of 75 feet to a common corner with Mrs. Dessie Phillips and L. R. Echols; thence running along the property lines of L. R. Echols and A. M. Bagwell in a Northeasterly direction a distance of 300 feet to the corner of A. M. Bagwell on said Rogers Ferry Road, being the point of beginning. This is a portion of the same land conveyed by Warranty Deed from C. C. Howell and Leo Howell to Mrs. Dessie Phillips dated September 2, 1949, and recorded in Deed Book 88, Page 602, Gwinnett County Records. Tax Map Parcel #7-203-44 All that tract or parcel of land lying and being in the 7th Land District of Gwinnett County, Georgia, on the Rogers Ferry Road, being bounded on the Northeast by the Rogers Ferry Road; on the Southeast by land now or formerly owned by L. Howell; on the Southwest by land now or formerly owned by Mrs. Dessie Martin and on the Northwest by land now or formerly owned by John C. Phillips, and being more particularly described as follows: Beginning at a common corner with John C. Phillips on the West side of the Rogers Ferry Road and running thence Southeast along said road a distance of 88.68 feet, more or less, to a corner with L. Howell; thence running Southwest along the property of L. Howell a distance of 300 feet to a corner on the property of Mrs. Dessie Phillips; thence running Northwest along the property of Mrs. Dessie Phillips a distance of 88.68 feet, more or less, to a common corner with Mrs. Dessie Howell and John C. Phillips; thence running Northeast along the property of John C. Phillips a distance of 300 feet to the Rogers Ferry Road and the point of beginning.
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This is a portion of the same land conveyed by Warranty Deed from C. C. Howell and L. Howell to Mrs. Dessie Phillips, dated September 2, 1949, and recorded in Deed Book 88, Page 602, Gwinnett County Records. Tax Map Parcel #6-267-2 All that tract or parcel of land lying and being in Land Lot 267 of the 6th Land District, Parcel 2, Gwinnett County, Georgia, and being more particularly described as follows: Beginning at a point bound on the north by the Southern Railway right-of-way, on the East by lands now or formerly of Wykle Estate, on the Southeast by Old Peachtree Road and coming to a point near an overhead bridge on right-of-way of Southern Railway, being part of Land Lot Number 267 consisting of one (1) acre, more or less, (14/15 of an acre, more or less). Said property having been awarded to Mrs. W. C. McKerley by an order of the Court of Ordinary of Gwinnett County, Georgia, as a one years support after the death of her husband, W. C. McKerley, same being recorded in Estate Number J-5115, Page 198, of said Court of Ordinary, said property also having been previously conveyed to her husband by J. H. McKerley, said Warranty Deed being recorded in Book 67, Page 103, of the Property Records in the Office of the Clerk of Superior Court of Gwinnett County, Georgia; said property also having been conveyed by Mrs. W. C. McKerley to E. Carl Davis and Randall Porter, by Warranty Deed recorded in Gwinnett County, Georgia Records. District 7, Land Lot 161, Parcels 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, and 163. All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District of Gwinnett County, Georgia and being designated as Lots 1, 2, 3, 4, 5, 6, 7, and 8 of Block A, Unit 1, Norman Forest Subdivision as shown on a subdivision plat prepared by Hannon, Meeks Bagwell dated May 19, 1981, which plat is recorded in Plat Book 15, Page 241, Gwinnett County, Georgia Records, and which plat is incorporated herein by reference for a more particular description.
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All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District of Gwinnett County, Georgia and being designated as Lots 1, 2, and 3 of Block B, Unit 1, Norman Forest Subdivision as shown on a subdivision plat prepared by Hannon, Meeks Bagwell dated May 19, 1981, which plat is recorded in Plat Book 15, Page 241, Gwinnett County, Georgia Records, and which plat is incorporated herein by reference for a more particular description. All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District of Gwinnett County, Georgia and being designated as Lots 1, 2, 3, 4, and 5 of Block C, Unit 1, Norman Forest Subdivision as shown on a subdivision plat prepared by Hannon, Meeks Bagwell dated May 19, 1981, which plat is recorded in Plat Book 15, Page 241, Gwinnett County, Georgia Records, and which plat is incorporated herein by reference for a more particular description. Tax Map Parcel #6-295A-9, 11, 16, 17, 18, 22, 23, and 24 All that tract or parcel of land lying and being in Land Lot 295A of the 6th Land District, Gwinnett County, Georgia, and being designated as Lots 2 and 4 of Block A, Lots 2, 3, and 4 of Block B, and Lots 4, 5, and 6 of Block C, of the subdivision of the property of Dr. M. Mason as shown on a plat of survey prepared by S. R. Fields, dated April 27, 1959, which plat is incorporated in Plat Book H, Page 133, Gwinnett County, Georgia Records, and which plat is incorporated herein by reference for a more particular description. Tax Map Parcel #6-267-8A All that tract or parcel of land lying and being in Land Lot 267 of the 6th District, Gwinnett County, Georgia, being designated as Tax Parcel Number 6-267-8A, and being more particularly described as follows: Beginning at a point where the Northwest right-of-way of U. S. Highway Number 23 intersects the line common to Land Lots 267 and 266, 6th District, running thence Southwesterly along said right-of-way of U. S. Highway Number 23 a distance of 65.2 feet to a point, said point being the true point of beginning; thence continuing Southwesterly along said right-of-way of U. S.
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Highway Number 23, 100 feet to a point; thence Northwesterly an arc distance of 391 feet to a point on the Southeast right-of-way of the Southern Railroad; thence Northeasterly along said right-of-way of Southern Railroad a distance of 456.52 feet to a point; thence Southeast a distance of 365.21 feet to a point on the right-of-way of U. S. Highway Number 23, said point being the true point of beginning. Said tract contains 1.81 acres, more or less. Tax Map Parcel #6-266-10 All that tract or parcel of land lying and being in Land Lot 266 of the 6th District, Gwinnett County, Georgia, and being designated as the Northern portion of Tax Parcel 6-266-10 according to the Gwinnett County Tax Maps, and being more particularly described as follows: Beginning at a point on the Southwest right-of-way of Pleasant Hill Road where said right-of-way intersects with the Northwest right-of-way of U. S. Highway Number 23, which is the point of beginning; running thence Northwesterly along said right-of-way of Pleasant Hill Road a distance of 283 feet to a point on the Southeast right-of-way of the Southern Railroad; running thence Southwesterly along said right-of-way of Southern Railroad a distance of 1,206.25 feet to a point; thence Southeasterly a distance of 355 feet to a point on the Northwest right-of-way of U. S. Highway Number 23; thence Northeasterly along said right-of-way an arc distance of approximately 962.5 feet to a point on the Southwest right-of-way of Pleasant Hill Road, said point being the true point of beginning. Tax Map Parcel #6-265-36, 35, 34A, 34 and 33 All that tract or parcel of land lying and being in Land Lot 265 of the 6th Land District of Gwinnett County, Georgia, being Lot Numbers 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 of the subdivision of land known as the Mack Pittard property, as shown on a subdivision of the same as per a plat by H. L. Dunahoo, Surveyors, prepared December, 1946, a copy of which is recorded in Plat Book D, Page 209, in the Office of the Clerk of Superior Court of Gwinnett County, Georgia, and which by reference is incorporated herein and made a part of this description.
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Tax Map Parcel #6-264-131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, and 151 All that tract or parcel of land lying and being in Land Lot 264 of the 6th Land District, Gwinnett County, Georgia, being designated as Lots 30, 31, 32, 33, 34, 35, 36, 37, and 38 of Block M, and Lots 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, and 47 of Block P, Unit 6, Forest Manor North Subdivision, as shown on a subdivision plat dated June 1, 1977, recorded in Plat Book 6, Page 104, Gwinnett County, Georgia Records, which plat is incorporated herein by reference for a more particular description. Tax Map Parcel #6-264-168, 169, and 170 All that tract or parcel of land lying and being in Land Lot 264 of the 6th Land District, Gwinnett County, Georgia, being designated as Lots 4, 5, and 6 of Duluth Manor Subdivision, as shown on a subdivision plat dated January 3, 1979, recorded in Plat Book 10, Page 145, Gwinnett County, Georgia Records, which plat is incorporated herein by reference for a more particular description. Tax Map Parcel #6-264-174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, and 206 All that tract or parcel of land lying and being in Land Lot 264 of the 6th Land District, Gwinnett County, Georgia, being designated as Lots 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, and 34 of Block Q, and Lots 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27 of Block P, Forest Manor North Subdivision, Unit 7, as shown on a subdivision plat dated May 3, 1979, recorded in Plat Book 10, Page 144, Gwinnett County, Georgia Records, which plat is incorporated herein by reference for a more particular description. Tax Map Parcel #6-264-88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, and 101 All that tract or parcel of land lying and being in Land Lot 264 of the 6th Land District, Gwinnett County, Georgia, being
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designated as Lots 11 and 12 of Block Q, and Lots 28, 29, 30, 31, 32, 33, 34, and 35 of Block P, and Lots 26, 27, 28, and 29 of Block M, Forest Manor North Subdivision, Unit 5, as shown on a subdivision plat dated October 7, 1975, recorded in Plat Book 3, Page 272, Gwinnett County, Georgia Records, which plat is incorporated herein by reference for a more particular description. The area described above is intended to include, and is hereby declared to include, all of the property included in the Tax Parcels set forth below, as those Tax Parcels are shown on the Tax Maps of Gwinnett County as of January 1, 1987, and all of the public roadways and right-of-ways adjacent to those parcels: 6-290-05 7-161-14I 7-203-50 6-264-184 6-267-26 7-161-14D 7-203-92 6-264-91 6-267-41 7-161-14C 6-328-01 6-264-92 6-267-3B 7-161-25 6-324-13 6-264-93 6-267-48 7-161-14B 6-295A-22 6-264-94 6-267-02 7-161-19A 6-295A-24 6-264-95 6-267-16 7-161-19 6-295A-09 6-264-96 6-267-46 7-161-19B 6-295A-07 6-264-97 6-267-8A 7-161-20 6-264-185 6-264-142 6-266-7A 7-161-21 6-264-186 6-264-141 6-266-27 7-171-13A 6-264-187 6-264-140 6-266-32 7-161-14E 6-264-188 6-264-139 6-266-21 7-161-14F 6-264-189 6-264-138 6-266-10 7-161-14H 6-264-190 6-264-137 6-291-07 7-161-124 6-264-191 6-264-136 6-291-01 7-161-144 6-264-192 6-264-135 6-265-36 7-161-242 6-264-193 6-264-134 6-265-35 7-161-148 6-264-194 6-264-133 6-265-34A 7-161-149 6-264-195 6-264-132 6-265-34 7-161-150 6-264-196 6-264-131 6-265-33 7-161-151 6-264-197 6-264-151 6-292-33 7-161-152 6-264-198 6-264-150 6-292-34A 7-161-153 6-264-199 6-264-149 6-292-34 7-161-154 6-264-200 6-264-148 6-292-35 7-161-155 6-264-201 6-264-147 6-292-36 7-161-249 6-264-202 6-264-146 6-292-37 7-161-156 6-264-203 6-264-145 6-292-32 7-161-157 6-264-204 6-264-144 6-292-31 7-161-158 6-264-205 6-264-143 6-292-51 7-161-159 6-264-206 6-264-98 6-292-30 7-161-160 6-264-89 6-264-99 6-292-29 7-161-161 6-264-88 6-264-100 6-292-28 7-161-162 6-264-90 6-264-101 6-292-10 7-161-163 6-264-174 6-264-168 6-292-07 7-202-43 6-264-175 6-264-169 6-292-17 7-203-44 6-264-176 6-264-170 6-292-14 6-295A-16 6-264-177 6-264-27 6-292-12 6-295A-17 6-264-178 6-264-307 6-292-15 6-295A-18 6-264-179 6-264-308 7-161-22A 6-295A-11 6-264-180 6-264-309 7-161-22 6-295A-23 6-264-181 7-201-20 7-161-14K 7-203-45 6-264-182 6-292-64 7-161-14J 7-203-48 6-264-183 6-292-08
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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia, a bill to amend an act creating a New Charter for the City of Duluth, approved March 25, 1958 (Ga. L. 1958, Page 3148), as amended, to provide for a New City Charter and for other purposes. This 12th day of January, 1987. MAYOR AND COUNCIL CITY OF DULUTH, GEORGIA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronald W. Pittman, 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 23, 1987. /s/ Ronald W. Pittman Representative, 60th District
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Sworn to and subscribed before me, this 9th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 16, 1987. SOUTHERN JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENT. No. 179 (House Bill No. 304). AN ACT To amend an Act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended by an Act approved February 2, 1961 (Ga. L. 1961, p. 41), an Act approved April 4, 1963 (Ga. L. 1963, p. 346), an Act approved March 16, 1983 (Ga. L. 1983, p. 753), and an Act approved March 28, 1984 (Ga. L. 1984, p. 852), so as to increase the supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit and to provide for the payment of such supplement in specified amounts by the counties comprising the Southern Judicial Circuit; 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 compensation of the judges of the Superior Courts of the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended by an Act approved February 2, 1961 (Ga. L. 1961,
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p. 41), an Act approved April 4, 1963 (Ga. L. 1963, p. 346), an Act approved March 16, 1983 (Ga. L. 1983, p. 753), and an Act approved March 28, 1984 (Ga. L. 1984, p. 852) is amended by striking in its entirety Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows: Section 1. Each of the judges of the Superior Courts of the Southern Judicial Circuit shall receive, in addition to any compensation, allowances, benefits, funds, or moneys of any kind received by such judge from the state, a supplement in compensation in the amount of $10,000.00 per annum, to be paid monthly from the funds of the counties comprising the Southern Judicial Circuit. The amounts which shall be paid by each of said counties to each of said judges are as follows: Brooks County, $1,000.00 per annum Colquitt County, $2,200.00 per annum Echols County, $100.00 per annum Lowndes County, $4,300.00 per annum Thomas County, $2,400.00 per annum 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 1987 session of the General Assembly of Georgia a bill to amend an Act which provides for a supplement to the compensation and retirement of the judges of the Superior Courts of the Southern Judicial Circuit and for the payment of such supplements in specified amounts by the counties comprising the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended; and for other purposes. AFFIDAVIT GEORGIA, BROOKS COUNTY. Personally appeared before the undersigned authority, duly authorized to administer oaths, Reba P. Mason, who, on oath, deposes and says that she is the publisher of the Quitman
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Free Press , the official organ of Brooks County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the said Quitman Free Press on January 1, 1987. /s/ Reba P. Mason Sworn to and Subscribed before me this 5th day of January, 1987. /s/ Tim Hendrick Notary Public, Georgia State at Large. My Commission Expires July 1, 1989 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act which provides for a supplement to the compensation and retirement of the judges of the Superior Courts of the Southern Judicial Circuit and for the payment of such supplements in specified amounts by the counties comprising the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended; and for other purposes. AFFIDAVIT GEORGIA, LOWNDES COUNTY. Personally appeared before the undersigned authority, duly authorized to administer oaths, Robert F. Morrell, who, on oath, deposes and says that he is the publisher of the Valdosta Daily Times , the official organ of Lowndes County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the said Valdosta Daily Times on Jan. 2, 1987. /s/ Robert F. Morrell
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Sworn to and Subscribed before me this 2nd day of Jan., 1987. /s/ Kitty J. Lake Notary Public, Georgia State at Large My Commission Expires June 27, 1987 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act which provides for a supplement to the compensation and retirement of the judges of the Superior Courts of the Southern Judicial Circuit and for the payment of such supplements in specified amounts by the counties comprising the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended; and for other purposes. AFFIDAVIT GEORGIA, THOMAS COUNTY. Personally appeared before the undersigned authority, duly authorized to administer oaths, C. L. Blanton, III, who, on oath, deposes and says that he is the publisher of the Thomasville Times Enterprise , the official organ of Thomas County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the said Thomasville Times Enterprise on January 2, 1987. /s/ C. L. Blanton, III Sworn to and Subscribed before me this 5th day of January, 1987. /s/ Tim Hendrick Notary Public, Georgia State at Large. My Commission Expires July 1, 1989. (SEAL)
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act which provides for a supplement to the compensation and retirement of the judges of the Superior Courts of the Southern Judicial Circuit and for the payment of such supplements in specified amounts by the counties comprising the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended; and for other purposes. AFFIDAVIT GEORGIA, ECHOLS COUNTY. Personally appeared before the undersigned authority, duly authorized to administer oaths, Robert F. Morrell, who, on oath, deposes and says that he is the publisher of the Valdosta Daily Times, the official organ of Echols County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the said Valdosta Daily Times on Jan. 2, 1987. /s/ Robert F. Morrell Sworn to and Subscribed before me this 2nd day of Jan., 1987. /s/ Kitty J. Lake Notary Public, Georgia State at Large My Commission Expires June 27, 1987 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act which provides for a supplement to the compensation and retirement of the judges of the Superior Courts of the Southern
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Judicial Circuit and for the payment of such supplements in specified amounts by the counties comprising the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended; and for other purposes. AFFIDAVIT GEORGIA, COLQUITT COUNTY. Personally appeared before the undersigned authority, duly authorized to administer oaths, Dwain Walden, who, on oath, deposes and says that he is an employee of the Weekly Moultrie Observer , the official organ of Colquitt County, authorized by the publisher to execute the within affidavit, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the said Weekly Moultrie Observer on January 7, 1987. /s/ Dwain Walden Sworn to and Subscribed before me this 8th day of January, 1987. /s/ Bobbie F. Brigman My commission expires Jan. 16, 1987. (SEAL) Approved March 19, 1987.
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STONE MOUNTAIN JUDICIAL CIRCUIT JUDGES; COMPENSATION; SUPPLEMENT. No. 181 (House Bill No. 917). AN ACT To amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended by an Act approved March 18, 1983 (Ga. L. 1983, p. 775), so as to change the amount of such supplement; to provide for requirements and conditions 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. An Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended by an Act approved March 18, 1983 (Ga. L. 1983, p. 775), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. (a) In addition to the compensation, salary, expenses, and allowances presently being received by the judges of the superior court of the Stone Mountain Judicial Circuit from the State of Georgia, or any other source, the judges of the superior court of said circuit shall receive a supplement to such compensation from the funds of DeKalb County in the amount of $9,000.00 per annum for each such judge, subject to an increase in such supplement authorized by subsection (b) of this section. Said supplementary salary shall be paid in equal monthly installments. (b) Effective July 1, 1987, the salary supplement provided for by subsection (a) of this section shall be increased by $6,000.00 per annum, less the amount, if any, of any increase in the annual state salary of superior court judges which becomes effective
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on July 1, 1987. The amount of the increase in the annual salary supplement which becomes effective on July 1, 1987, pursuant to the provisions of this subsection shall not be reduced by any increase in the annual state salary paid to superior court judges which becomes effective at any time after July 1, 1987. 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. NOTICE OF INTENT TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that legislation will be introduced during the 1987 Session of the General Assembly to amend an act approved March 21, 1974, (Ga. Laws 1974, p. 391, amended Ga. Laws 1983, p. 775), affecting the salary supplement of Superior Court Judges in the Stone Mountain Judicial Circuit. Manual J. Maloof Chief Executive Officer DeKalb County 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-salary supplement-Superior Court Judges a true copy of which is hereto annexed, was published in said newspaper in its issue of the 1st day of January, 1987. /s/ Gerald W. Crane, Co-Publisher (by) /s/ Linda L. Orr, Agent
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Sworn to and subscribed before me this 2nd day of January, 1987 /s/ Janet K. Simpson Notary Public My Commission Expires June 4, 1990 (SEAL) Approved March 19, 1987. TAYLOR COUNTY CHIEF MAGISTRATE; JUDGE OF THE PROBATE COURT TO SERVE; CONSTABLE. No. 184 (Senate Bill No. 172). AN ACT To provide that the judge of the Probate Court of Taylor County shall serve as chief magistrate of the Magistrate Court of Taylor County; to provide for the term, filling of vacancies, and compensation for the office of chief magistrate; to provide for a constable; to provide for clerical assistance; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. It is the intent of this Act to implement certain local prerogatives authorized by Chapter 10 of Title 15 of the O.C.G.A. Section 2. (a) The judge of the Probate Court of Taylor County shall serve as chief magistrate of the Magistrate Court of Taylor County. There shall be no separate election for the office of chief magistrate. The term of the chief magistrate shall be concurrent with the term of the judge of probate court. In the event of a vacancy, the person assuming the position of judge of the probate court shall additionally assume the position of chief magistrate.
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(b) The probate judge, for his services as chief magistrate, shall be compensated in the amount of $3,950.00 per year by the governing authority of Taylor County, payable from the funds of the county. The county governing authority may supplement the compensation of the chief magistrate, but no such supplement shall be decreased during a term of office. Section 3. The sheriff of Taylor County and his deputies shall perform the duties of constables for the Magistrate Court of Taylor County. Such officers shall not be entitled to additional compensation for such duties. Section 4. The chief magistrate shall have the authority to appoint such clerical assistance as the chief magistrate shall deem necessary to discharge efficiently and effectively the duties of the office. The compensation of the clerical assistance shall be a minimum of $5,600.00 per year. Section 5. This Act shall become effective January 1, 1989. 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 1987 session of the General Assembly of Georgia a bill providing for the chief magistrate, constable, and clerical assistance for the Magistrate Court of Taylor County; to provide for related matters; and for other purposes. This 9th day of January, 1987. WARD EDWARDS STATE REPRESENTATIVE DISTRICT 112 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lewis H. McKenzie, who, on oath, deposes and says that he is Senator from the 14th
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District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Taylor County News which is the official organ of Taylor County, on the following date: January 15, 1987. /s/ Lewis H. McKenzie Senator, 14th District Sworn to and subscribed before me, this 21st day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 19, 1987. CITY OF MARSHALLVILLE NEW CHARTER. No. 185 (Senate Bill No. 299). AN ACT To reincorporate and provide a new charter for the City of Marshallville in Macon County; to provide for the corporate limits of the city; to provide for the powers of the city; to provide for the form and method of government of the city; to provide for the administration of city affairs; to provide for the municipal court of the city; to provide for elections for city offices; to provide for taxation by the city; to provide for financial management of the city; to provide for all related matters; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Article I Incorporation and Powers Section 1.10. Incorporation. The City of Marshallville in Macon County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the City of Marshallville. References in this charter to the city or this city refer to the City of Marshallville. The city shall have perpetual existence. Section 1.11. City limits. The corporate limits of said city shall extend for a distance of one mile in every direction from the point formed by the intersection of the center line of Main Street with the center line of the main track of the Central of Georgia Railroad Company. 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. (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. The powers of this 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; (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;
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(5) Municipal debts: To borrow money and issue bonds as authorized by general law; (6) Property: To acquire, dispose of, buy, sell, and hold in trust or otherwise any real, personal, or mixed property, inside or outside the city; (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 for periods not to exceed 20 years 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; (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;
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(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; (31) Pensions: To provide and maintain a system of pensions and retirement for city employees and officers;
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(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) Grade crossings: To order any railroad operating within the city to pave and maintain grade crossings in a smooth and safe condition. The city shall pay the costs of constructing approaches to the railroad's right of way line. Each day's failure of the railroad to comply with such an order after a reasonable time has elapsed shall be a misdemeanor and a separate offense and shall be punished by a fine not to exceed $50.00 for each offense. If the railroad refuses to do such work, the city may have the work done and may collect the cost thereof from the railroad by the use of all legal and equitable remedies available under the law; (38) Emergencies: To provide for the determining, proclamation, and combating of emergencies; (39) Urban redevelopment: To organize and operate an urban redevelopment program; (40) Public transportation: To organize and operate public transportation systems; (41) General health, safety, and welfare: To define, regulate, and prohibit any act, practice, conduct, or use of property
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which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city; and (42) 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 municipal governments under the 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 five 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 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 a council member unless he or she is a qualified municipal voter, is at least 21 years of age, and has been a resident of the city for two years immediately prior to the date of his or her election. Each council member 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 incumbent's
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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 of this charter. Section 2.13. Compensation and expenses. (a) Until changed as provided in subsection (b) of this section, the mayor and council members shall receive $100.00 per month as compensation for their services as such. (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. Conflict of interest. (a) No elected official, appointed officer, or employee of the city or of 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 interests 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,
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or use such information to advance the financial or other private interest of himself or herself 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 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; or (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 of 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 by the governing body of such agency or entity.
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(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. (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) 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, 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 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 . After the mayor has suspended an employee with pay as provided for in paragraph (9) of Section 2.29 of this charter, the council, at its next regular scheduled meeting, shall consider the issue and act as required by its personnel rules and regulations. 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 is 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 (or affirm) that I will faithfully perform the duties of mayor or council member (as the case
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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 on the first Tuesday of each month at the city hall at such times 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 meetings shall be served on all other members personally, or by telephone personally, at least 12 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. (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. (a) A majority of the council shall constitute a quorum and shall be authorized to transact business of the city council. (b) Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the
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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 vice-mayor 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 Council of the City of Marshallville 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 vice-mayor if presiding, and by 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. 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 a regulatory or penal effect shall be done by ordinance. In addition, any act of the city council to amend this charter or the code of city ordinances 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 such emergency in clear and specific terms.
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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. (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; printing. (a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for this purpose all ordinances adopted by the council. (b) 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. 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. Section 2.27. Election of mayor; forfeiture; compensation. The mayor shall be elected and shall serve for a term of two years and until his or her successor is elected and qualified. He or she shall be a qualified elector of this city, at least 21 years of age, and a resident of this city for at least two years immediately preceding his or her election. He or she shall continue to reside in this city during the period of his or her service. He or she shall forfeit his or her office on the same grounds and under the same procedure as for council members. The
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compensation of the mayor shall be established in the same manner as for council members. Section 2.28. Chief executive officer. The mayor shall be the chief executive of this city. He or she shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all of the executive and administrative powers contained in this charter. Section 2.29. Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) Preside at all meetings of the mayor and council and have the right to take part in the deliberation of said board but shall not vote on any question except in the case of a tie; (2) See that all laws and ordinances of the city are faithfully executed; (3) Sign ordinances and resolutions on their final passage and all deeds, bonds, and contracts, when authorized by the council to do so; (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 the ceremonial head of the government; (6) Keep the council advised from time to time on 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; (7) Be the officer to accept process against the city; (8) Be able to hire and fire department heads subject to the approval of the council; (9) Have the power to immediately suspend any city employee with pay until the next regular meeting of the
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council, which shall act as specified in Section 2.17 of this charter; and (10) Call the council together at any time when deemed necessary. Section 2.30. Vice-Mayor. (a) The city council shall elect by a majority vote from among its members a vice-mayor who shall assume the duties and powers of the mayor upon the mayor's disability or absence. (b) In the event that no decision is reached at such first regular meeting, the council shall, within five ballots to be taken within ten days following such meeting, elect the vice-mayor, otherwise the council member who received the highest number of votes when last elected shall become vice-mayor. 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.
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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 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, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed 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 clerk of the city an oath obligating himself or herself to perform faithfully and impartially the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor. (f) Any member of a board, commission, or authority may be removed from office for cause by a majority vote of the city council. (g) The council may terminate any board, commission, or authority over which it has authority 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
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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 and the conduct of its affairs, copies of which shall be filed with the clerk of the city. Section 3.12. City attorney. (a) The mayor and council shall appoint a city attorney, together with such assistant city attorneys as may be authorized. The compensation of the city attorney shall be the amount set by the city council. 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. (b) In the event the city attorney has a conflict of interest in representing the city on any particular matter or otherwise feels that he or she cannot adequately or properly represent the city, he or she shall so inform the city council and the city council shall be authorized to hire another attorney to represent the city in the matter in which the city attorney has disqualified himself or herself. Section 3.13. City clerk. The city council shall have the power to appoint and remove an individual as city clerk. The city clerk shall be appointed yearly and shall have those skills which are appropriate for the job. The city clerk shall be custodian of the official city seal, shall maintain city council records required by this charter, and shall perform such other duties as may be required by the city council. The compensation of the city clerk shall be the amount set by the city council. Section 3.14. Personnel policies. The mayor shall be responsible for the preparation of a job classification and pay plan for all full-time and part-time employees of the city. The city council shall be responsible for adopting personnel rules and regulations and a job classification and pay plan. Pay increases, contained in steps as established by the city council, shall be set for said personnel by the mayor alone.
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Section 3.15. Competitive bids. The city must receive competitive bids for all purchases in excess of $750.00. 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 Marshallville. 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 a judge on the municipal court unless he or she shall have 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 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 or as provided by ordinance. Section 4.13. Clerk of municipal court. As required by ordinance, there shall be a clerk of the Municipal Court of the City of Marshallville. The clerk of the municipal court must be an employee of the City of Marshallville. The clerk of the municipal court shall attend all hearings and shall be responsible for all records of said municipal court.
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Section 4.14. Jurisdiction; powers. (a) The municipal court shall try and shall 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. (c) The municipal court may fix as punishment for offenses within its jurisdiction a fine not exceeding $500.00 or imprisonment for 30 days or both, or it may sentence any offender, upon conviction, to labor for this city on the streets, sidewalks, squares, or other public places for a period not exceeding 60 days. A fine levied by the municipal court shall not be subject to suspension, stay, or probation, except that, if the fine imposes an economic hardship on the defendant, the judge of the municipal court, in his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding. (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 a 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 on order of the judge be 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 provided in Section 6.18 of this charter. (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.
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(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 and as authorized by this charter 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 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 4.15. 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 Macon County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 4.16. 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 used 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.
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Article V Elections Section 5.10. Applicability of general law. All elections and runoffs 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 first Tuesday in December in each year, 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. 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 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 5.13. 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. A person receiving the majority of votes cast for any 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 located 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
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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, shall establish a millage rate for the city property tax, a due date, and in what length of time 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. 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 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; 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 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 necessitates. Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of the city's streets, alleys, and bridges 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,
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terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises. 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 inside and outside the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. 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 services rendered inside and outside the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. 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 charter 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 under 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.
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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. 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. Unless otherwise provided by ordinance, the fiscal year of the city shall begin on July 1 and end on June 30. The city council may, by ordinance, prescribe a different fiscal year. The fiscal year shall constitute the budget year as well as the year for financial reporting and accounting 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 for any fund shall not exceed the estimated fund balance, reserves, and revenues of the city. (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
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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 6.24. 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 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 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 city 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 cost to the public. Section 6.27. Contracting procedures. No contract with the city shall be binding 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.
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Section 6.29. 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. (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 by the council, both finding that the property is not needed for public or other purposes and that its interest to the city is of no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, bridge, 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, bridge, 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. Current mayor and council members. The mayor and council members in office on the effective date of this charter shall serve out their terms and then stand for election as provided for in Article V of this charter. Section 7.12. Prior ordinances. All ordinances, resolutions, bylaws, rules, and regulations now in force in the city not inconsistent
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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 with by such city agencies, personnel, or office as may be provided by the city council. Section 7.14. 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 is the legislative intent of this charter that each article, section, subsection, paragraph, sentence or part thereof be treated as if enacted separately and independently of each other. Section 7.15. Repealer. An Act incorporating the City of Marshallville in Macon County, approved March 13, 1970 (Ga. L. 1970, p. 2692), 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 repealed. Section 7.16. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7.17. 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 1987 session of the General Assembly of Georgia a bill providing a new charter for the City of Marshallville and providing for all matters relative thereto; and for other purposes.
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This 30th day of January, 1987. W. H. Dean City Clerk City of Marshallville GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lewis H. McKenzie, who, 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 Citizen Georgian which is the official organ of Macon County, on the following date: February 4, 1987. /s/ Lewis H. McKenzie Senator, 14th District Sworn to and subscribed before me, this 9th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 19, 1987.
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FAYETTE COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS. No. 186 (Senate Bill No. 314). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Fayette 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, 1988, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Fayette 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, pursuant to O.C.G.A. Section 28-1-14, that legislation will be introduced in the General Assembly of the State of Georgia at the 1987 session to allow the Tax Commissioner of Fayette County, Georgia to give effect to O.C.G.A. Section 40-2-8, O.C.G.A. Section 40-2-20 and O.C.G.A. Section 40-2-20.1 so as to provide for new registration periods relating to the registration and licensing of motor vehicles within Fayette County and for other purposes. This the 6th day of February, 1987. William R. McNally County Attorney Fayette Attorney STATE OF GEORGIA COUNTY OF FAYETTE
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PUBLISHERS AFFIDAVIT Personally appeared before the undersigned officer in and for said State and County, GARY CORNWELL, who on oath deposes and says that he is the publisher of the Fayette County News, a newspaper in which advertisements appear for the Fayette County Sheriff and said paper being the legal organ for the County of Fayette, and does further state that a copy of an advertisement which is attached hereto, was published in said newspaper on the following date, to wit: February 11, 1987. /s/ Gary Cornwell Sworn to and subscribed before me this 11th day of February, 1987. /s/ Helen S. Teague NOTARY PUBLIC Approved March 19, 1987. CITY OF SOPERTON MUNICIPAL COURT; CONTEMPT; PUNISHMENT. No. 187 (Senate Bill No. 341). AN ACT To amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, so as to change the contempt punishments which may be imposed by the municipal court, formerly the recorder's court, of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. An Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, is amended by striking the first sentence of subsection (b) of Section 4.13, relating to jurisdiction of the municipal court, which reads as follows: The recorder's court shall have the authority to punish those in its presence for contempt by a fine not to exceed $50.00 or imprisonment not to exceed five days., and inserting in its place the following: The municipal court shall have the authority to punish those in its presence or those who are subject to the jurisdiction of the court for contempt by a fine not to exceed $500.00, imprisonment not to exceed 30 days, or any combination of such punishments., so that when so amended that subsection shall read as follows: (b) The municipal court shall have the authority to punish those in its presence or those who are subject to the jurisdiction of the court for contempt by a fine not to exceed $500.00, imprisonment not to exceed 30 days, or any combination of such punishments. The municipal court may fix punishment for offenses within its jurisdiction not exceeding $1,000.00 or, imprisonment not to exceed 12 months, or any part of such punishments or combination thereof, and as an alternative to such fine or imprisonment, the court may sentence any offender upon conviction to labor in a city work crew or on the streets, sidewalks, squares, or other public works for a period not exceeding six months. 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 1987 Session of the General Assembly of Georgia a Bill to amend an act providing for a new charter for the City of Soperton approved March 14, 1984 (GA. L. 1984 P4212, et seq.),
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as amended; so as to increase the contempt powers of the recorders court judge, andfor other purposes. This 2nd day of February, 1987. MAYOR AND COUNCIL OF THE CITY OF SOPERTON, GEORGIA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh M. Gillis, Sr., who, on oath, deposes and says that he is Senator from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Soperton News which is the official organ of Treutlen County, on the following date: February 4, 1987. /s/ Hugh M. Gillis, Sr. Senator, 20th District Sworn to and subscribed before me, this 17th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 19, 1987.
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PIERCE COUNTY BOARD OF COMMISSIONERS; EXPENSE ALLOWANCES. No. 188 (Senate Bill No. 363). AN ACT To amend an Act creating a board of commissioners of Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved February 28, 1974 (Ga. L. 1974, p. 2086), so as to change the expense allowances of the chairman and the other members of the board of commissioners of Pierce 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 Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved February 28, 1974 (Ga. L. 1974, p. 2086), is amended by striking Section 7 in its entirety and substituting in lieu thereof a new Section 7 to read as follows: Section 7. The compensation of the chairman of the board shall be not less than $10,000.00 per year, the exact amount to be determined by a majority vote of the board of commissioners of Pierce County, and paid in equal monthly installments out of the funds of Pierce County. The chairman shall also receive an expense allowance of $2,100.00 per year, payable in equal monthly installments out of the funds of Pierce County. Section 2. Said Act is further amended by striking Section 8 in its entirety and substituting in lieu thereof a new Section 8 to read as follows: Section 8. The compensation of each of the members of said board other than the chairman shall be not less than $100.00 per month, the exact amount to be determined by a majority vote of the board of commissioners of Pierce
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County, and paid in equal monthly installments from the funds of Pierce County. Each member of the board shall also receive an expense allowance of $390.00 per year, payable in equal monthly installments out of the funds of Pierce County. 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 1987 session of the General Assembly of Georgia a bill to amend an ACT creating the Board of Commissioners of Pierce County approved 3/25/37 (Ga. L. 1937, P. 1397) as amended; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl E. Echols, Jr., 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 Blackshear Times which is the official organ of Pierce County, on the following date: February 11, 1987. /s/ Earl E. Echols, Jr. Senator, 6th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 19, 1987.
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FAYETTE COUNTY WATER AUTHORITY CREATION. No. 189 (Senate Bill No. 369). AN ACT To create the Fayette County Water 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 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 Fayette 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 severability; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Short title. This Act shall be known and may be cited as the Fayette County Water Authority Act. Section 2 . Fayette County Water Authority. (a) There is created a body corporate and politic, to be known as the Fayette 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, and complain and defend in all courts of law and equity. The authority shall not be activated, however, until such time as the governing authority of Fayette County determines, in its sole discretion, that there is a need for the authority and adopts a resolution activating the authority. If no such resolution has been adopted prior to July 1, 1989, then this Act shall be repealed in its entirety on July 1, 1989. Except as otherwise provided in this section, the authority shall have perpetual existence. (b) The authority shall be composed of seven members. Three members shall be appointed by the governing authority of Fayette County. The terms of the initial county appointed members of the authority shall be staggered as follows: one member to serve for two years; one member to serve for three years; and one member to serve for four years. One member shall be appointed by the governing authority of each of the following municipalities: Fayetteville, Peachtree City, Tyrone, and Brooks. The terms of the initial municipal appointed members shall be as follows: Fayetteville, three years; Peachtree City, four years; Tyrone, two years; and Brooks, one year. Successors to the initial members of the authority shall serve for terms of four years. The terms of all members shall begin on the first day of the month following the month in which the authority is activated. All members of the authority shall if necessary hold over until their successors are appointed and qualified. Successors shall be appointed in the same manner as the initial members in the month immediately preceding the expiration of a member's term of office. Any member of the authority may be selected and appointed to succeed himself. The members of the authority shall not be compensated for their service on the authority but shall be entitled to reimbursement for their actual
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expenses reasonably and 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 Fayette 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 at their first meeting and annually thereafter 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) Four 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 which appointed the member whose position has been vacated 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
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on its own initiative or at the request of residents of Fayette County or residents of any area affected by the actions of the authority. Section 3. Definitions. As used in this Act, the term: (1) Authority means the Fayette County Water 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 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 Fayette 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
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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 Fayette 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 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, the issuance of which is 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;
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(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; (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
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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 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
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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 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 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.
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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 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.
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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 Fayette County or any other municipality, nor a pledge of the faith and credit of said county or any 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 county or any municipality 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 within or without the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authoirty. 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
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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 be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall fall due;
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(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 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
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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, 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 Fayette 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 Court of Fayette 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
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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 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 Fayette 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
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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. 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 Fayette 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 Fayette 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.
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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 Fayette 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. 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 hereby given, pursuant to O.C.G.A.Section 28-1-14, that legislation will be introduced in the General Assembly of the State of Georgia at the 1987 session to create the Fayette County Water Authority; to provide the appointment of members to said authority; to provide an effective date of enactment; to provide an effective date of repeal; to repeal conflicting laws; and for other purposes.
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This 13th day of February, 1987. Bev Engram State Senator Senate District 34 STATE OF GEORGIA COUNTY OF FAYETTE PUBLISHERS AFFIDAVIT Personally appeared before the undersigned officer in and for said State and County, GARY CORNWELL, who on oath deposes and says that he is the publisher of the Fayette County News, a newspaper in which advertisements appear for the Fayette County Sheriff and said paper being the legal organ for the County of Fayette, and does further state that a copy of an advertisement which is attached hereto, was published in said newspaper on the following date, to wit: February 18, 1987. /s/ Gary L. Cornwell Sworn to and subscribed before me this 19th day of February, 1987. /s/ Helen S. Teague NOTARY PUBLIC Approved March 19, 1987.
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CITY OF POWDER SPRINGS NEW CHARTER. No. 190 (Senate Bill No. 382). AN ACT To amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, so as to provide a new charter for the City of Powder Springs; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for conflicts of interest and holding other offices; to provide for inquiries and investigations; to provide for organization and procedures; to provide for emergencies; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for a city manager, his duties, and compensation; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel; to provide for position classification and pay plans; to provide for rules and regulations; to provide for personnel policies; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; 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 creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, is amended by striking Sections 1.01 through 8.01 in their entirety and inserting in lieu thereof the following:
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ARTICLE I INCORPORATION AND POWERS Section 1.10. Incorporation. This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style City of Powder Springs, Georgia, and by that name shall have perpetual succession. 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 and the following described territory: `TRACT NO. I All that tract or parcel of land lying and being in land lots 946 and 979 of the 19th District, 2nd Section, Cobb County, Georgia. Being lands within the right-of-way of U.S. 278 and Old Austell Road, and being more particularly described as follows: Beginning at the present City of Powder Springs limit, where the east right-of-way of U.S. 278 and the north right-of-way of Sharon Drive intersect; thence running south along the east right-of-way of U.S. 278 a distance of 1,021 feet more or less to the south west corner of property owned by David and Linda Parson; thence at a right angle and across U.S. 278 to the west right-of-way a distance of 50 feet; thence north along the west right-of-way of U.S. 278 a distance of 732 feet more or less to the intersection of the west right-of-way of U.S. 278 and Old Austell Road; thence running north westerly along the southwest right-of-way of Old Austell Road 298 feet more or less to the present city limits and the property now or formerly owned by Wesley Huffman; thence at a right angle and across Old Austell Road 40 feet to the northeast right-of-way; thence southeast 147 feet more or less to the intersection of the northeast right-of-way of Old Austell Road and the west right-of-way of U.S. 278; thence north 110 feet more or less along the west right-of-way of U.S. 278 to the present city limits; thence at a right angle 70 feet to the intersection of the east right-of-way of U.S. 278 and the north right-of-way of Sharon Drive and the point of beginning.
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TRACT NO. II All that tract or parcel of land lying and being in land lots 979 and 980, 19th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at a point formed by the intersection of the northeasterly right-of-way of the Dallas Highway also known as U.S. Highway No. 278 and State Highway No. 6 and the north line of Land Lot 979; running thence 85 degrees 42 minutes 13 seconds East a distance of 225.83 feet to an iron pin found at the intersection of Land Lots 946, 945, 979 and 980; running thence South 89 degrees 33 minutes 47 seconds East a distance of 40.64 feet to an iron pin; running thence North 89 degrees 25 minutes 24 seconds East a distance of 754.21 feet to an iron pin; running thence South 01 degrees 49 minutes 09 seconds East a distance of 213.97 feet to an iron pin on the northerly right-of-way of a proposed road having a 50 foot right-of-way; running thence North 89 degrees 35 minutes 27 seconds West a distance of 652.47 feet to an iron pin; running thence South 76 degrees 06 minutes 26 seconds West a distance of 45.19 feet to an iron pin; running thence North 16 degrees 55 minutes 18 seconds West a distance of 73.98 feet to an iron pin; running thence South 87 degrees 27 minutes 03 seconds West a distance of 171.46 feet to an iron pin; running thence South 74 degrees 14 minutes 55 seconds West a distance of 84.81 feet to an iron pin on the northeasterly right-of-way of the Dallas Highway; running thence North 19 degrees 47 minutes 08 seconds West along the northeasterly right-of-way of the Dallas Highway a distance of 165.50 feet to the point of beginning. Said property containing 4.354 acres.' (b) Alterations may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in the office of the city clerk and to be designated: `Official Map of the Corporate Limits of the City of Powder Springs, Georgia.' Photographic, typed, or other copies of such map certified by the city clerk shall be admitted as evidence in
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all courts and shall have the same force and effect as with the original map. (c) The mayor and 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. 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. (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 . (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
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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 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 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
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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 within the city and 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 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 of 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;
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(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 mayor and city council deem 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 police officers and to establish, operate, or contract for a police or fire-fighting agency;
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(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, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide for 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;
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(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; 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; (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 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 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;
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(36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvements; (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 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 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. If this charter makes no provision,
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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 in a mayor and five 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. Except as otherwise provided in this charter, the mayor and 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 shall have been a resident of the city immediately prior to the date of his election as the mayor or member of the city council; and the mayor or councilmember 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; filling of vacancies. (a) 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) 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. Conflicts of interest; holding other offices. (a) Conflict 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:
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(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, 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 (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has financial interest. (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 mayor and city council. The mayor or
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any councilmember who has a private interest in any matter pending before the mayor and city council shall disclose such private interest and such disclosure shall be entered on the records of the mayor and 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) 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 governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the mayor and 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 a party to a contract or sale shall render such contract or sale voidable at the option of the mayor and city council. (e) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember 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 councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which he was elected. (f) Political activities of certain officers and employees. 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) Penalties for violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this
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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. (h) The forfeiture of an office pursuant to this section shall be accomplished by the vote of three officers from the membership of the city council and office of mayor after an investigative hearing. In the event an elected officer is sought to be removed for a violation of this section by the action of the mayor and 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 section shall have the right to appeal from the decision of the city council to the Superior Court of Cobb County. Such an appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. Section 2.15. Inquiries and investigations. The mayor and 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 mayor and city council shall be punished as provided by ordinance. Section 2.16. General power and authority of the mayor and city council. Except as otherwise provided by this charter, the mayor and 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 mayor and city council are empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries,
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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 mayor and city council shall hold an organizational meeting on the second Monday in January. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the mayor and any 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 mayor and city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the mayor and city council may be held on call of the mayor or three 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 councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may 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 mayor and city council shall be public to the extent required by law and notice to the public
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of special meetings shall be made fully as is reasonably possible one day prior to such meetings. Section 2.20. Rules of procedure. (a) The mayor and city council shall adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of their 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. (c) The committees appointed by the mayor shall be: finance, water and sewer, sanitation, streets, and police. 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. Action requiring an ordinance. Acts of the mayor and city council which have the force and effect of law shall be enacted by ordinance. Section 2.23. Ordinance forms; procedures. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. The enacting clause shall be `The Council of the City of Powder Springs hereby ordains.....' (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the mayor and city council. Ordinances shall be considered and adopted or rejected by the mayor and city council in accordance with the rules which they shall establish.
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(c) 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 mayor and city council may designate. Section 2.24. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the mayor and city council may convene on call of the mayor or three 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 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 mayor and 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 (c) of Section 2.23 for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as adopting ordinance; and
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(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. (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; authentication; recording; codification; printing. The clerk shall authenticate by his signature and shall record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The mayor and 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 mayor and 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 mayor and city council may specify. This compilation shall be known as and cited officially as `The Code of the City of Powder Springs, 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 mayor and city council. (c) The mayor and 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 mayor and 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 mayor and city council shall make such further arrangements as are deemed desirable for reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
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Section 2.27. City manager; appointment; qualifications; compensation. The mayor and city council shall appoint a city manager for an indefinite term and shall fix his compensation. The manager shall be appointed solely on the basis of his executive and administrative qualifications and shall serve at the pleasure of the mayor and council. Section 2.28. Removal of city manager. (a) The mayor and city council may remove the manager from office in accordance with the following procedures: (1) The mayor and city council shall adopt by affirmative vote of a majority of the membership of the city council and office of mayor 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 may file with the mayor and city council a written request for a public or private hearing. This hearing shall be held within 30 days after the request is filed. The manager may file with the mayor and council a written reply not later than five days before the hearing; and (3) If the manager has not requested a public or private hearing within the time specified in paragraph (2) of this subsection, the mayor and city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of the membership of the city council and office of mayor. If the manager has requested a public or private hearing, the mayor and city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of the membership of the city council and office of mayor at any time after the public or private hearing. (b) The manager shall continue to receive his salary until the effective date of a final resolution of removal. Upon removal from office the city manager shall be entitled to not less than 60 days' severance pay.
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Section 2.29. Acting city manager . By letter filed with the city clerk, the manager shall designate, subject to approval of the mayor and city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. During such absence or disability, the mayor and 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 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. He shall be responsible to the mayor and city council for the administration of all city affairs placed in his charge by or under this charter. He shall have the following powers and duties: (1) He shall appoint and, when he deems it necessary for the good of the city, suspend or remove all city employees and administrative officers he appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) He shall direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) He shall attend all city council meetings and shall have the right to take part in discussion but he may not vote; (4) He shall see that all laws, provisions of this charter, and acts of the mayor and city council subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed; (5) He shall prepare and submit the annual operating budget and capital budget to the mayor and city council; (6) He shall submit to the mayor and city council and make available to the public a complete report on
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the finances and administrative activities of the city as of the end of each fiscal year; (7) He shall make such other reports as the mayor and city council may require concerning the operations of city departments, offices, and agencies subject to his direction and supervision; (8) He shall keep the mayor and city council fully advised as to the financial condition and future needs of the city and make such recommendations to the mayor and city council concerning the affairs of the city as he deems desirable; and (9) He shall perform such other duties as are specified in this charter or as may be required by the mayor and city council. Section 2.31. Council interference with administration . Except for the purpose of inquiries and investigations under Section 2.15, the mayor and members of the city council shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the mayor nor members of the city council shall give orders to any such officer or employee, either publicly or privately. In the case of a city emergency involving public health or safety and in the absence of the city manager, the mayor or a member of council may direct activities as appropriate. Section 2.32. Powers and duties of mayor . The mayor shall: (1) Preside at all meetings of the mayor and city council; (2) Have a vote only in the case of a tie vote by councilmembers; (3) Have veto power as specified in Section 2.33; (4) 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;
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(5) Have power to administer oaths and to take affidavits; and (6) 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. Section 2.33. Veto power of mayor . (a) The mayor shall have four days after meetings of the council in which to file with the city clerk in writing his veto. (b) The council may at any meeting in which the mayor files his veto or any subsequent meeting within 60 days pass any such ordinance, order, or resolution, notwithstanding the veto, by an affirmative vote of four councilmembers. Section 2.34. Selection of mayor pro tempore . By a majority vote of all its members, the city council shall elect a councilmember to serve as mayor pro tempore, who shall serve at the pleasure of the city council. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember. Section 2.35. 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 reason, any one of the councilmembers chosen by a majority vote of the city council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10. Administration and service departments . (a) Except as otherwise provided in this charter, the mayor and 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.
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(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 appointed 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 city manager shall be nominated by the city manager with confirmation by the mayor and city council. The city manager may suspend or remove directors under his supervision but such shall not be effective for three calendar days following the city manager giving written notice of such action and the reasons therefor to the director involved and to the mayor and city council. The director involved may appeal to the mayor and city council which, after a hearing, may override the city manager's action by a vote of three councilmembers. (f) The city clerk while appointed by the mayor and city council shall be subject to the direction and supervision of the city manager. Section 3.11. Boards, commissions, and authorities . (a) The mayor and city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the mayor and city council deem 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 mayor and 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.
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(c) The mayor and 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, ordinance, or by other 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 for the 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 such member 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 officers from the membership of the city council and the office of mayor. (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 mayor and 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
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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 or 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 and council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain the city council records required by this charter, and perform such other duties as may be required by the mayor and city council. Section 3.14. Position classification and pay plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the mayor and 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 mayor and 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, the city manager, city clerk, chief judge, and city attorney are not considered to be city employees. Section 3.15. Personnel policies. The mayor and 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;
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(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 Powder Springs. Section 4.11. Chief judge. (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. Any and all judges 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 officers from the membership of the city council and the office of mayor. (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. 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, all city ordinances, and such other violations as provided by law.
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(b) The municipal court shall have authority to punish those in its presence for contempt. Such punishment shall not exceed $200.00 or ten days of imprisonment and labor on the public works of the city or by both such fine and imprisonment. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $200.00 or imprisonment and labor on the public works of the city for one year 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 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. 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 of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
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(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. (h) Each judge of the municipal court may 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 municipal 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 Cobb 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 mayor and 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 mayor and 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 municipal 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
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with Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' Section 5.11. Election of the city council and mayor. (a) There shall be a municipal general election annually on the third Saturday of October. (b) For the purpose of electing three councilmembers, the City of Powder Springs shall be divided into three council districts. The members representing each council district shall be elected only by the voters residing in that district and not at large. Said three council districts shall consist of the following territory within the city of Powder Springs: Council District 1: Beginning at the intersection of Powder Springs Road and the east boundary of the city limits, westerly along centerline of Powder Springs Road to Marietta Street (SR 6); west along Marietta Street (SR 6) to Dalls Highway (SR 6); west along Dallas Highway (SR 6) to west city limits; south, east and north along city limits boundary to point of beginning. Council District 2: Beginning at the northwest corner of LL 684, south along west boundary of LL 684 and LL 723 to the intersection of Macedonia Road and Forrest Hill Road; south along Forrest Hill Road to Powder Springs Road; east along Powder Springs Road to east city limits; north and west along city limits boundary to point of beginning. Council District 3: Beginning at northwest corner of LL 684 and continuing south and west along city limit boundary to the intersection of Dallas Highway (SR 6) and the west city limits; east along Dallas Highway (SR 6) to Marietta Street (SR 6); east along Marietta Street (SR 6) to Powder Springs Road; east along Powder Springs Road to Forrest Hill Road; north along Forrest Hill Road to Macedonia Road; north along west boundary of LL 723 and 684 to point of beginning. (c) The mayor and two councilmembers elected at large shall be elected at the regular municipal election in 1988, 1991, and every four years thereafter; shall take office on
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the first Monday in January following their election; and shall, except as otherwise provided in this subsection, serve for a term of four years and until their successors are elected and qualified. The mayor and the two councilmembers may reside anywhere within the City of Powder Springs. (d) Each councilmember from each district listed below shall be elected from and by the voters of only the council district he represents and must be a resident of the council district. For purposes of facilitating an orderly transition, the councilmember in office on the effective date of this section shall be deemed to represent the council districts as follows: Council District 1: Harold Norris; election in 1987, 1989, and every fourth year thereafter; Council District 2: Al Brewer; election in 1987, 1989, and every fourth year thereafter; and Council District 3: Paul Bourassa; election in 1987, 1989, and every fourth year thereafter. (e) This district election plan for three councilmembers shall be effective in 1989 or when the city population reaches 8,000 as estimated by the Atlanta Regional Commission, whichever first occurs. (f) Until such time as the district election plab becomes effective, the mayor and councilmembers shall be elected at large. Members from Council Districts 1, 2, and 3 will be elected in 1987, 1989, and every four years thereafter. The mayor and at-large members of the council will be elected in 1988, 1991, and every four years thereafter. 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 majority. The person receiving a majority of the votes cast for any city office shall be elected. Section 5.14. Special election; vacancies. In the event that the office of mayor or councilmember shall become
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vacant for any cause whatsoever, the mayor and 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 mayor and city council or those 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.' Section 5.15. Other provisions. Except as otherwise provided by this charter, the mayor and city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' Section 5.16. Removal of officers. (a) Except as otherwise provided in this charter, the mayor, councilmembers, 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) Failure to attend four consecutive regular council meetings. (b) The removal of an officer pursuant to this section shall be accomplished by the vote of three officers from the
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membership of the city council and office of mayor after an investigative hearing. In the event an elected officer is sought to be removed by the action of the mayor and 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 section shall have the right to appeal from the decision of the city council to the Superior Court of Cobb 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 mayor and 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, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the mayor and city council in their discretion. Section 6.11. Millage rate; due dates; payment methods. The mayor and 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 mayor and 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 and business taxes. The mayor and 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 within the city to the extent such persons have a constitutionally sufficient
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nexus to this city to be so taxed. The mayor and 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; permits; fees. The mayor and city council by ordinance shall have the power to require any individual or corporation who transacts business in the city or who practices or offers to practice any profession or calling within the city to obtain 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 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 mayor and 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 mayor and 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 mayor and 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 mayor and city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The mayor and city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15. Service charges. The mayor and 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
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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. Special assessments. The mayor and city council by ordinance shall have the power to assess 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. 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 mayor and 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 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 mayor and 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 mayor and city council as state law now or
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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 mayor and 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. Preparation of budgets. The mayor and 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 mayor and city council but not later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager 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 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. Action by mayor and city council on budget. (a) The mayor and city council may amend the operating budget proposed by the city manager, 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
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for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The mayor and city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the thirtieth day of June each year. If the mayor and city council fail to adopt the budget by said 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 mayor and 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. Tax levies . Following adoption of the operating budget, the mayor and 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. Section 6.27. Changes in appropriations . The mayor and 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 purpose, but any additional appropriations may be made only from an existing unexpended surplus.
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Section 6.28. Capital improvements budget . (a) On or before the date fixed by the mayor and city council but no later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and 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 mayor and city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The mayor and 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 mayor and city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the thirtieth day of June of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager 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 mayor and 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. Contracting procedures . No contract with the city shall be binding on the city unless: (1) It is in writing;
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(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 mayor and 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. Centralized purchasing. The mayor and city council may by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.32. Sale of city property. (a) The mayor and 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 mayor and city council may quitclaim any rights it may have in property not needed for public purposes upon request 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 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 city manager 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 exchange 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 the city, both elected and appointed, shall execute
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such surety or fidelity bonds in such amounts and upon such terms and conditions as the mayor and city council may from time to time require by ordinance or as may be provided by law. Section 7.11. 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 mayor and city council. 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 for a period of 30 days before or during which the existing mayor and city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. 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 mayor and city council. Section 7.14. 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 7.15. Severability. In the event any article, section, subsection, paragraph, sentence, or part of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect nor impair other
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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 and in enacting that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. 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 1987 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Powder Springs, Ga. L. 1970 p. 2760 as heretofore amended, and for other purposes. This 5th day of January, 1987. Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN 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
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Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 13, 1987. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 17th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 19, 1987. CITY OF SAVANNAH REDEVELOPMENT POWERS; REFERENDUM. No. 191 (Senate Bill No. 386). AN ACT To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, 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:
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Section 1. The several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, as amended, are amended by adding thereto the following: REDEVELOPMENT POWERS The City of Savannah 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.' Section 2. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of the City of Savannah shall call and conduct an election for the purpose of submitting this Act to the electors of the City of Savannah 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 Chatham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which authorizes the City of Savannah 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? 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
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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 the City of Savannah. 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. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, Gene Stewart, to me known, who being sworn, deposes and says: That he is the Assistant Gen. Manager 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 Feb. 20, 1987, 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 1987 session of the General Assembly of Georgia a bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, 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.,
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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. This 18th day of February, 1987. Ike Aiken, Chairman Savannah Port Authority Arnold Tenenbaum, Chairman Chamber of Commerce appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 20 day of Feb., 1987. /s/ Diane M. Strickland Notary Public, Chatham County, Georgia My Commission Expires Apr. 28, 1989 Approved March 19, 1987.
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CHATHAM COUNTY OFFICERS AND OFFICIALS; COMPENSATION. No. 192 (House Bill No. 78). AN ACT To amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), so as to change the compensation of certain officials; 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 certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: 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 44,100.00 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. 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.
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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 ASSISTANT GENERAL MANAGER 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. 12, 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 1987 session of the General Assembly of Georgia a bill to amend an Act relating to the compensation of the Juvenile Court Judge of Chatham County. This 8th day of December, 1986. ROY L. ALLEN, II House District #127 appeared in each of said editions. /s/ Gene Stewart (Deponent)
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Sworn to and subscribed before me this 17 day of Dec., 1986. /s/ Diane M. Strickland Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 (SEAL) Approved March 19, 1987. CHATTAHOOCHEE COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS. No. 193 (House Bill No. 112). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Chattahoochee 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, 1988, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Chattahoochee 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.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 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 Chattahoochee County during designated registration periods; and for other purposes. This 9th day of JANUARY, 1987. /s/GERALD E. GREENE Honorable Gerald E. Greene Representative, District 130 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 9, 1987. /s/ Gerald E. Greene Representative, 130th District Sworn to and subscribed before me, this 12th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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DECATUR COUNTY BOARD OF EDUCATION; COMPENSATION AND EXPENSE ALLOWANCE. No. 194 (House Bill No. 122). AN ACT To provide for the compensation and expense allowances of the members of the board of education of Decatur County; 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. The members of the board of education of Decatur County shall be compensated as follows: (1) At its first meeting after the enactment of this Act 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 more than $150.00 per month and $50.00 for each meeting of the board attended in addition to the regular monthly meeting. The chairman will receive not more than $200.00 per month plus $50.00 for each meeting of the board attended in addition to the regular monthly meeting. (2) 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. Section 2. This Act shall become effective July 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
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Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to provide for the compensation and expense allowances of the members of the board of education of Decatur County; and for other purposes. This 2nd day of January, 1987. /s/ Walter E. Cox Honorable Walter E. Cox Representative, 141st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter E. Cox, who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bainbridge Post-Searchlight which is the official organ of Decatur County, on the following date: January 7, 1987. /s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 12th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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DECATUR COUNTY STATE COURT; JUDGE; SOLICITOR; COMPENSATION. No. 195 (House Bill No. 123). AN ACT To amend an Act creating the State Court of Decatur County (formerly the Civil and Criminal Court of Decatur County), approved November 27, 1900 (Ga. L. 1900, p. 104), as amended, so as to change the compensation provisions relating to 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 Decatur County (formerly the Civil and Criminal Court of Decatur County), approved November 27, 1900 (Ga. L. 1900, p. 104), as amended, is amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A to read as follows: Section 4A. The judge of the State Court of Decatur County shall receive an annual salary of $18,600.00 to be paid in equal monthly installments from county funds. The judge shall also be entitled to an expense allowance of $100.00 per month. Section 2. Said Act is further amended by striking Section 8A in its entirety and inserting in lieu thereof a new Section 8A to read as follows: Section 8A. The solicitor of the State Court of Decatur County shall receive an annual salary of $14,000.00 to be paid in equal monthly installments from county funds. The solicitor shall also be entitled to an expense allowance of $100.00 per month. Said compensation shall be in full for all services rendered by the solicitor, and he shall receive no other compensation for said services. With the approval
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of the judge of the state court, the solicitor shall be empowered to employ, at his own expense, an assistant to assist him in carrying out his duties. 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Decatur County (formerly the Civil and Criminal Court of Decatur County), approved November 27, 1900 (Ga. L. 1900, p. 104), as amended; and for other purposes. This 2nd day of January, 1987. /s/ Walter E. Cox Honorable Walter E. Cox Representative, 141st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter E. Cox, who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bainbridge Post-Searchlight which is the official organ of Decatur County, on the following date: January 7, 1987. /s/ Walter E. Cox Representative, 141st District
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Sworn to and subscribed before me, this 12th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. BURKE COUNTY STATE COURT; FEES. No. 196 (House Bill No. 138). AN ACT To amend an Act creating the State Court of Burke County, formerly the City Court of Waynesboro, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 2290), so as to change provisions relating to the fees charged and collected by the clerk of the court; 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 State Court of Burke County, formerly the City Court of Waynesboro, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 2290), is amended by striking Section 16 which reads as follows: Section 16. Be it further enacted, that the clerk of the Superior Court of Burke County shall be ex officio clerk of the City Court of Waynesboro. The fees of the clerk of said court shall be the same as are now, or may hereafter be, allowed the clerk of the superior court in criminal cases disposed
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of in said court and in all civil cases, except in civil cases where the amount involved is five hundred dollars or less, in which case he shall receive the following fees: Filing declaration and docketing case, $1.00; issuing process and making copy, $1.00; for each additional copy, $1.00; each subpoena duces tecum, $.50; each commission to take testimony, $.50; recording judgment and proceedings, $2.00; each claim case, $1.50; for entire service issuing and docketing fi. fa., $.60. He shall also receive the following fees in all cases: For foreclosing a lien and recording, whole service, $3.00; for docketing, recording and filing proceedings in possessory warrant cases, whole service, $3.00; for taking and filing bond in possessory warrant cases, $.25; for docketing and filing search warrants and proceedings thereon, $.50; docketing distress or other warrants not provided for, $.25; for docketing, recording and filing proceedings in distress warrants, where a counter-affidavit has been filed and the issue tried, whole service, $2.00; for other services required of him by order of the judge or rule of court, such compensation as the judge of said city court may allow him by standing order on the minutes; for his services at regular terms of said court, he shall receive $10.00 per day, and for all suits brought to the quarterly terms of said city court over and above five hundred dollars principal, except as may be provided for herein, he shall receive the same fees as clerks of the superior court for like services; provided, further, that the clerk of the superior court shall give a bond in the sum of five hundred dollars, for faithful performance of his duties as clerk of the City Court of Waynesboro., and inserting in its place a new Section 16 to read as follows: Section 16. Be it further enacted, that the clerk of the Superior Court of Burke County shall be ex officio the clerk of the State Court of Burke County. The fees of the clerk of said court shall be the same as are now, or may hereafter be, allowed the clerk of superior court in criminal cases disposed of in said court and in all civil cases and in all other matters. Section 2. All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Burke County, formerly the City Court of Waynesboro, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 2290); to provide for related matters; to repeal conflicting laws; and for other purposes. This 2nd day of January, 1987. /s/ John F. Godbee State Representative District 110 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 True Citizen which is the official organ of Burke County, on the following date: January 7, 1987. /s/ John F. Godbee Representative, 110th District Sworn to and subscribed before me, this 12th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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CITY OF TIFTON MUNICIPAL COURT; NAME; FINES. No. 197 (House Bill No. 149). AN ACT To amend an Act providing for a new charter for the City of Tifton, approved March 30, 1977 (Ga. L. 1977, p. 4353), as amended, so as to change the name of the Recorder's Court of the City of Tifton to the Municipal Court of the City of Tifton; to revise certain internal references to the Official Code of Georgia Annotated; to change the maximum amount of fines authorized to be imposed by the municipal court; to change the maximum amount of fines imposed as penalties for certain charter violations; to provide for all related matters; to provide for construction and applicability of this Act with respect to certain actions and the use of certain records and documents; 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 charter for the City of Tifton, approved March 30, 1977 (Ga. L. 1977, p. 4353), as amended, is amended by striking Sections 4.01 through 4.07 and inserting in their place new Sections 4.01 through 4.07 to read as follows: Section 4.01. Municipal Court. There shall be a municipal court in said city for the trial of all offenders against the laws and ordinances of the City of Tifton, to be known as the Municipal Court of the City of Tifton, the same to have a seal, and it shall be a court of record. A judge of the municipal court shall preside over such court who shall be appointed by the city manager, the judge so appointed to be a member of the State Bar of Georgia in good standing. The jurisdiction of said municipal court shall extend to all offenses herein provided for, together with all other offenses over which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses are committed within the corporate limits of said city. The sessions of said municipal court shall be held by the judge of
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the municipal court at such times and at such places in said city as in his judgment may be necessary. Section 4.02. Penalty for Violation of Laws, Ordinances. The judge of the municipal court or any authorized presiding officer of the Municipal Court of the City of Tifton may punish for any violation of a city ordinance or law by fine not exceeding $1,000.00; by imprisonment not to exceed 90 days; by work on the work gangs on the streets of the City of Tifton or on such public works as the work gang may be employed upon, not to exceed 30 days; or by any one or more of these punishments in the discretion of the judge of the municipal court or presiding officer of the municipal court. Section 4.03. Appeal from Conviction in Municipal Court. Any person convicted in the Municipal Court of the City of Tifton for the violation of any ordinance or law thereof shall have the right of appeal to the Superior Court of Tift County, Georgia, such appeal to be by applying for and obtaining a writ of certiorari, as is provided for in Chapter 4 of Title 5 of the O.C.G.A., as amended. The petition for issuance of a writ of certiorari to the Superior Court of Tift County, Georgia, must be filed in said court within ten days after the judgment complained of is pronounced and all costs of the case must first be paid and bond and security given to answer the final judgment rendered in the case, such bond and security to be approved by the judge of the Municipal Court of the City of Tifton. Section 4.04. Bond. (a) Any police officer of the City of Tifton shall have authority to release any person arrested for a violation of any law or ordinance of said city, or law over which the judge of the municipal court may have jurisdiction, upon such person giving bond, with security, payable to the City of Tifton in an amount and surety to be approved by the chief of police of the City of Tifton, conditioned for the appearance of such person before the municipal court at the time and place specified in said bond and from time to time until he or she shall have been tried for the offense for which he or she is charged. (b) If any person so released under appearance bond shall fail to appear for trial at the time named therein, such
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bond shall be forfeited; and a rule nisi shall be issued requiring him or the surety upon such bond, or both, to show cause before said court, at a time not less than ten days from the date of such rule, why such bond shall not be absolutely forfeited. Copies of such rule shall be served upon such person or persons to whom it shall be directed at least five days before the return day thereof, provided that service may be made personally or by mailing a written notice to such person or persons at their last known address. At the time such rule is made returnable and no sufficient cause is shown, the forfeiture of said bond shall be final and absolute; and execution shall issue for the full amount thereof, and all costs, in the same amounts as are applicable in such cases in the superior courts, against the principal and sureties thereon or such of them as shall have been served. Such execution shall be signed by the clerk of the City of Tifton and the judge of the municipal court and shall be directed as warrants are directed, set out hereinafter, and the same when so issued shall be a lien upon all property, real or personal, of such parties and have a binding effect upon such property and of the defendant and surety therein as if the same were issued upon judgments in the superior courts and shall be levied by any officer to whom it shall be directed; provided, however, that any police officer of said city may require cash bonds for the appearance of such arrested person or persons, and upon their failure to appear at the trial thereof, said cash bond may be regarded as a fine and be so assessed by said recorder and paid into the treasury of the city, in the discretion of the judge of the municipal court or those acting in his stead. Section 4.05. Powers of Court. When sitting as a court for the trial of offenders, the judge of the municipal court shall have the power to punish for contempt against his lawful authority, whether in his presence or otherwise, by fine not exceeding $100.00, by imprisonment not exceeding 15 days, or by one or both or any part thereof, in the discretion of the judge of the municipal court. The judge of the municipal court shall have the power and authority to subpoena witnesses to attend the municipal court under the same rules and regulations that regulate and govern the superior courts of this state, to compel their attendance, and to punish any witness who has been subpoenaed and fails to attend, under
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the provisions for contempt provided for hereinbefore. The judge of the municipal court shall have the power to forfeit bonds for appearance at the sessions of the municipal court and to do all other acts and things necessary for the proper reinforcement of the authority of the Municipal Court of the City of Tifton. Section 4.06. Warrants; Execution; Form. (a) The judge of the municipal court shall be authorized to issue warrants for an offense under any law or ordinance of the City of Tifton or this state and when the offense is against state laws and not covered by municipal law or ordinance, may hear evidence and commit to jail or take bond for appearance before the grand jury or a state court having jurisdiction to try the same. If the offense charged in the warrant is one against any law or ordinance of the City of Tifton, the arresting officer shall carry the same before the municipal court, where same shall be disposed of as other cases of arrest not under warrant. (b) All warrants issued by the judge of the municipal court or any one authorized to preside in the municipal court shall be directed to the `Chief of Police of the City of Tifton, any policeman or marshal thereof, and to all the singular the sheriffs, deputy sheriffs, and constables of the State of Georgia,' and any one of said officers shall have authority to execute these warrants. Any sheriff or deputy sheriff of any county in the State of Georgia shall have authority to execute, anywhere in the State of Georgia, any warrant issued by the judge of the municipal court. Section 4.07. Fugitives from justice. Should any person violating any of the ordinances or laws of the city flee from the jurisdiction thereof, he may be apprehended wherever he may be in this state, and the warrant of the judge of the municipal court of the city shall be sufficient authority for his arrest, his return and a trial upon the charge resting against him, and should any person, after trial and conviction of a violation of an ordinance or law of said city escape, he may be apprehended wherever found in this state and the warrant of the judge of the municipal court of said city shall be sufficient authority for his arrest and return; and all persons escaping from the custody of the city may be again
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tried for such escape and punishment not exceeding penalties hereinbefore set out. Section 2. Said Act is further amended by striking Section 7.04 and inserting in its place a new Section 7.04 to read as follows: Section 7.04. Penalties. The violation of any provision of this charter, for which a penalty is not specifically provided for herein, shall be punishable by fine of not more than $1,000.00 or by imprisonment not to exceed 90 days, or both such fine and imprisonment. Section 3. The provisions of this Act shall not be construed so as to affect the validity of any action or prosecution commenced on or before the effective date of this Act. Any citations, dockets, pleadings, forms, documents, or other records which were on hand or which had been contracted for on or before the effective date of this Act may continue to be used until such time as the supply of such records has been exhausted, notwithstanding the fact that such records refer to the recorder's court and the use of said records shall not affect the validity of any action or prosecution. 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 1987 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. 4353,) As Amended; And For Other Purposes. This 30th Day of December, 1986. (s) Webster B. Morgan City Manager GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry Bostick, who, on
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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: January 1, 1987. /s/ Henry Bostick Representative, 138th District Sworn to and subscribed before me, this 14th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. CITY OF TIFTON HOMESTEAD EXEMPTION; REFERENDUM. No. 198 (House Bill No. 150). AN ACT To provide that the homestead of each resident of the City of Tifton actually occupied by the owner as a residence and homestead, but only so long as actually occupied by the owner primarily as such, is exempted in the amount of $6,000.00 of its value from all city ad valorem taxes, except taxes levied by the City of Tifton for the payment of interest on and retirement of bonded indebtedness; to provide for practices and procedures in connection with such exemption; to provide for certain eligibility without further application; to provide for applicability; to
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provide for the specific repeal of a prior homestead exemption upon approval in a referendum; 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 homestead of each resident of the City of Tifton actually occupied by the owner as a residence and homestead, but only so long as actually occupied by the owner primarily as such, is exempted in the amount of $6,000.00 of its value from all city ad valorem taxes, except taxes levied by the City of Tifton for the payment of interest on and retirement of bonded indebtedness. The value of the homestead in excess of such exempted amount shall remain subject to ad valorem taxation by the City of Tifton. Section 2. Any person who has applied for and been granted for 1988 the homestead exemption from ad valorem taxes of the City of Tifton provided for in Ga. L. 1974, p. 1680, 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 Tifton or its designee in the event that such person for any reason becomes ineligible for the exemption granted by this Act. Section 3. The exemption provided for in this Act shall apply to all taxable years beginning after December 31, 1988. Section 4. If this Act is approved in the referendum provided for in Section 5 of this Act, that local constitutional amendment providing a $2,000.00 homestead exemption from all ad valorem taxation, except for city taxes levied for the payment of interest on and retirement of bonded indebtedness, to resident homeowners in the City of Tifton (Resolution Act No. 131; House Resolution No. 460-1337; Ga. L. 1974, p. 1680) originally amending Article VII, Section I, Paragraph IV of the Constitution of 1945 and continued in effect as statutory law by Article VII, Section II, Paragraph IV of the Constitution of 1983 and Code Section 48-5-55 of the O.C.G.A. shall stand repealed in its entirety effective December 31, 1988. Section 5. Not less than 30 nor more than 60 days prior to the date of the November general election in 1988, it shall
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be the duty of the election superintendent of the City of Tifton to issue the call for an election for the purpose of submitting this Act to the electors of the City of Tifton for approval or rejection. The superintendent shall set the date of such election for the date of the November general election in 1988. 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 Tifton. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for a $6,000.00 exemption from certain ad valorem taxes of the City of Tifton for the homestead of each resident of the City of Tifton and repealing a $2,000.00 homestead exemption from certain ad valorem taxes of the City of Tifton 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 the City of Tifton. 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 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 1987 Session Of The General Assembly Of Georgia A Bill To Provide That The Homestead Of Each Resident Of The City Of Tifton Actually Occupied By The Owner As A Residence And Homestead, But Only So Long As Actually Occupied By The Owner Primarily As Such, Is Exempted In The Amount Of
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$6,000.00 Of Its Value From All City Ad Valorem Taxes, Except Taxes Levied By The City Of Tifton For The Payment Of Interest On And Retirement Of Bonded Indebtedness; And For Other Purposes. This 30th Day of December, 1986. (s) Webster B. Morgan City Manager 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: January 1, 1987. /s/ Henry Bostick Representative, 138th District Sworn to and subscribed before me, this 14th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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OGLETHORPE COUNTY TAX COMMISSIONER; ANNUAL SALARY IN LIEU OF FEES. No. 199 (House Bill No. 153). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Oglethorpe County into the office of tax commissioner of Oglethorpe County, approved March 21, 1984 (Ga. L. 1984, p. 4485), so as to abolish the present mode of compensating the tax commissioner of Oglethorpe County, known as the fee system; to provide in lieu thereof an annual salary and supplement; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection and payment of all such fees, costs, and emoluments; to provide for the payment of the operating expenses of said office; to provide for the compensation for personnel employed by 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 consolidating the offices of tax receiver and tax collector of Oglethorpe County into the office of tax commissioner of Oglethorpe County, approved March 21, 1984 (Ga. L. 1984, p. 4485), is amended by striking Section 5 thereof, which reads as follows: Section 5. The tax commissioner shall be compensated on the basis of fees, commissions, and emoluments which the tax collector and tax receiver were previously entitled to receive and as established by general law., and inserting in its place a new section to read as follows: Section 5. (a) The present mode of compensating the tax commissioner of Oglethorpe County, known as the fee system, is abolished and, in its place, an annual salary and local supplement for such officer is prescribed. (b) The tax commissioner of Oglethorpe County shall receive an annual salary pursuant to Code Section 48-5-183
4108
of the O.C.G.A., as amended, the base amount of which shall be determined according to the population of Oglethorpe County according to the United States decennial census of 1980 or any future such census, except that if the population of Oglethorpe County according to any future such census is less than its population according to the United States decennial census of 1980, the population bracket under which Oglethorpe County falls for the purposes of said Code Section 48-5-183 shall be determined according to the United States decennial census of 1980. (c) In addition to the salary provided in subsection (a) of this Code section, the tax commissioner of Oglethorpe County shall also receive from county funds a supplement in the same amount as the amount paid into the general treasury of the county as tag fees pursuant to Code Section 40-2-30. (d) The salary and supplement of the tax commissioner provided under subsections (b) and (c) of this Code section shall be in lieu of all fees, commissions, costs, fines, perquisites, emoluments, and other moneys formerly allowed that officer as compensation for services in any capacity. (e) In the event the general law cited in subsection (b) of this section is replaced, it is the intent of this section that the provisions of this section remain in effect according to such replacement laws. In the event the general law cited in subsection (b) of this section is repealed and not replaced, the tax commissioner of Oglethorpe County shall continue to receive the salary most recently established by that general law as though that law had not been repealed. (f) On and after January 1, 1989, the tax commissioner of Oglethorpe County 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 that officer as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury. Section 2 . Said Act is further amended by striking the first sentence of Section 7 thereof, which reads as follows:
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The compensation of all personnel and employees and the cost of data processing services shall be paid from any fees, commissions, or emoluments to which the tax commissioner is entitled., and inserting in its place the following: The necessary operating expenses of the tax commissioner's office, including but not limited to the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose., so that when so amended said section shall read as follows: Section 7. The necessary operating expenses of the tax commissioner's office, including but not limited to 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, vehicles, and equipment and the repair, replacement, and maintenance thereof as may be reasonably required in discharging the official duties of the office of tax commissioner shall be furnished by the county and shall be paid from any funds of the county available for such purpose. Section 3 . This Act shall become effective January 1, 1989. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice Of Intention To Introduce Local Legislation Legislation shall be introduced during the 1987 session of the Georgia General Assembly on behalf of Oglethorpe County to change provisions relating to the compensation of the Tax Commissioner; to repeal conflicting laws; and for other purposes. This legal notice is provided pursuant to O.C.G.A. S28-1-14 Charles W. Yeargin Representative 14th District
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AFFIDAVIT STATE OF GEORGIA COUNTY OF OGLETHORPE COME 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 1987 Session of the Georgia General Assembly. 3. This advertisement was printed in the Dec. 18, 1986 issue of the Oglethorpe Echo . This the 22 day of Dec., 1986. /s/ Ralph B. Maxwell, Jr. Sworn to and subscribed before me on this the 22 day of Dec., 1986 /s/ Judy H. Paul Notary Public, Oglethorpe Co., Georgia My Commission Expires May 13, 1990 (SEAL) Approved March 19, 1987.
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BLECKLEY COUNTY BOARD OF EDUCATION; NONPARTISAN ELECTIONS; REFERENDUM. No. 200 (House Bill No. 207). AN ACT To provide for the nonpartisan nomination and election of members of the Board of Education of Bleckley County upon the expiration of regular terms of office; to provide for the filling of vacancies in the membership of the Board of Education of Bleckley County in the manner provided by general law; to provide for the continued applicability of a constitutional amendment relating to the Board of Education of Bleckley County except as modified by this 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 . The Board of Education of Bleckley County shall continue to be constituted as provided in the constitutional amendment relative to said board of education which was ratified at the general election of 1982 and which is set forth in Resolution Act No. 182; House Resolution No. 817 of the 1982 regular session of the General Assembly of Georgia (Ga. L. 1982, p. 2669-2674). However, beginning in 1990, successors to members of said board of education shall be nominated and elected in nonpartisan primaries and elections as their regular terms of office expire as provided in this Act. Section 2 . (a) The first members nominated and elected in nonpartisan primaries and elections from education districts 4 and 5 shall be nominated and elected in 1990 and shall take office on the first day of January, 1991, for terms of four years and until their successors are elected and qualified. (b) The first members nominated and elected in nonpartisan primaries and elections from education districts 1, 2, and 3 shall be nominated and elected in 1992 and shall take office on the first day of January, 1993, for terms of four years and until their successors are elected and qualified.
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(c) Successors to the members of the Board of Education of Bleckley County nominated and elected under subsections (a) and (b) of this section and future successors shall be nominated and elected at nonpartisan primaries and elections held immediately preceding the expiration of their respective terms of office, as provided in Section 3 of this Act, 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 3. The nonpartisan primaries and elections provided for in Section 2 of this Act shall be held on the same dates as the general state-wide primary and election conducted immediately prior to the expiration of the respective terms of office. Except for being elected from the education districts described in the constitutional amendment referred to in Section 1 of this Act, each member of the board of education 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. Section 4. Any provisions of the constitutional amendment referred to in Section 1 of this Act to the contrary notwithstanding, any vacancy which occurs in the membership of the Board of Education of Bleckley County by death, resignation, removal from the education district, or for any other reason shall be filled in the manner prescribed by Code Section 20-2-54.1 of the O.C.G.A. Section 5. Except for the nonpartisan nomination and election of members of the Board of Education of Bleckley County and except for the method for filling vacancies in the membership of said board provided for in this Act, the provisions of the constitutional amendment referred to in Section 1 of this Act shall continue in force and effect and shall continue to be applicable to the Board of Education of Bleckley County and to the election of the members thereof. Section 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bleckley
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County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Bleckley County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the general election in 1988 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 Bleckley County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the nonpartisan nomination and election of members of the Bleckley County Board of Education and which provides for filling vacancies on said board in the manner provided by general law? 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 Bleckley 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 1987 session of the General Assembly of Georgia a bill relative
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to the Board of Education of Bleckley County; and for other purposes. This 2nd day of January, 1987. /s/ Newt Hudson Representative, 117th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W.N. Hudson, who, on 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 Cochran Journal which is the official organ of Bleckley County, on the following date: January 7, 1987. /s/ W.N. Hudson Representative, 117th District Sworn to and subscribed before me, this 13th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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CITY OF PERRY REDEVELOPMENT POWERS; REFERENDUM. No. 201 (House Bill No. 211). 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 Official Code of Georgia Annotated, as now or hereafter amended; to enumerate certain specific powers; to provide for a referendum; to repeal an Act providing redevelopment powers for the City of Perry, approved March 20, 1986 (Ga. L. 1986, p. 4196); 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 Official Code of Georgia Annotated, 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.'
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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 first Tuesday in December, 1987, 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. An Act providing redevelopment powers for the City of Perry, approved March 20, 1986 (Ga. L. 1986, p. 4196) 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
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Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to authorize 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 repeal an Act amending an Act reincorporating and providing a new chapter for the City of Perry in Houston County and providing for redevelopment powers, approved March 20, 1986 (Ga. L. 1986, p. 4196); to provide for a referendum; and for other purposes. This 1st day of December, 1986. Larry Walker State Representative District 115 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 Intention: Introduce Local Legislation was published in The Houston Home Journal on the following dates: December 11, 1986. This 12th day of December, 1986. /s/ Jim Kerce Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this 12th day Of December 1986. /s/ Marie McLeray Notary Public Houston County My Commission Expires Sept. 16, 1990 (SEAL) Approved March 19, 1987.
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BOARD OF EDUCATION OF FULTON COUNTY, FLOYD COUNTY, AND DEKALB COUNTY TEMPORARY LOANS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 202 (House Bill No. 237). 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 Education of Fulton County, Floyd County and DeKalb County to make temporary loans limited in the aggregate amount of said loans outstanding at any one time and providing for the method of making such loans and payment of such loans (Res. Act No. 308; Ga. L. 1939, p. 83); 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 Education of Fulton County, Floyd County and DeKalb County to make temporary loans limited in the aggregate amount of said loans outstanding at any one time and providing for the method of making such loans and payment of such loans (Res. Act No. 308; Ga. L. 1939, p. 83) 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
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Notice is given that there will be introduced at the regular 1987 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 (Ga. L. 1939, p. 83) which relates to the authorization of the Board of Education of Fulton County, Floyd County and DeKalb County to make temporary loans, limitations on the aggregate amount of said loans outstanding at any one time, and provisions for the payment and method of making such loans; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. 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 published at Decatur county of DeKalb State of Georgia who, being duly sworn, states on oath that the report of Local Legislation-Board of Education-temporary loans a true copy of which is hereto annexed, was published in said newspaper in its issue of the 8th day of January 1987. /s/ Gerald W. Crane Co-Publisher (by) /s/ Linda L. Orr Agent Sworn to and subscribed before me this 2nd day of February, 1987 /s/ Janet K. Simpson Notary Public My commission expires: 6-4-90 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to continue
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in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (GA L. 1939, p. 83) which relates to the authorization of the Board of Education of Fulton County, Floyd County and DeKalb County to make temporary loans, limitations on the aggregate amount of said loans outstanding at any one time, and provisions for the payment and method of making such loans; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. AFFIDAVIT OF PUBLICATION Georgia, Floyd County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Wilson Adams, who, upon oath, deposes and says that he is Advertising Director of the Rome News-Tribune, that he has been designated by the publisher of the Rome News-Tribune to give this affidavit, 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 8, 1987. /s/ H. Wilson Adams Advertising Director Sworn to and subscribed before me this 12 day of January, 1987 /s/ Debra Whitner Notary Public My Commission Expires Oct. 13, 1989 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 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 (Ga. L. 1939, p. 83) which relates to the authorization of the Board of Education of Fulton County, Floyd County and DeKalb County to make temporary
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loans, limitations on the aggregate amount of said loans outstanding at any one time, and provisions for the payment and method of making such loans; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 22nd day of December, 1986. RICHARD (SCRAP) WHEELER Fulton County Board of Education Legislative Liaison 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 23rd days of December, 1986. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me this 14th day of January, 1987 /s/ Kathy R. Pines Notary Public, Georgia State at Large My Commission Expires May 7, 1989 (SEAL) Approved March 19, 1987.
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OGLETHORPE COUNTY BOARD OF COMMISSIONERS; DISTRICT 1. No. 203 (House Bill No. 257). AN ACT To amend an Act creating a Board of Commissioners of Oglethorpe County, approved February 13, 1986 (Ga. L. 1986, p. 3586), so as to change the description of Commissioner District 1; 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 Oglethorpe County, approved February 13, 1986 (Ga. L. 1986, p. 3586), is amended by striking from subsection (a) of Section 2 thereof, describing the commissioner districts, the following language in the description of Commissioner District 1: Begin on SR 10 east at Oglethorpe-Clarke County line, same as Education District 3 beginning point,, and inserting in its place the following: Begin on SR 10 east at Oglethorpe-Clarke County line, same as Education District 4 beginning point,. Section 2. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation Legislation shall be introduced during the 1987 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 districts and vacancies; to provide for the duties and provide for organization, meetings, and quorum of the board; to provide that the board shall succeed to certain powers, rights, duties,
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priviledges, 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 S28-1-14. Oglethorpe County Board of Commissioners AFFIDAVIT STATE OF GEORGIA COUNTY OF OGLETHORPE COME 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 1987 Session of the Georgia General Assembly. 3. This advertisement was printed in the Dec. 25, 1986 issue of the Oglethorpe Echo. This the 29th day of Dec., 1986 /s/ Ralph B. Maxwell, Jr. Sworn to and subscribed before me on this the 29 day of Dec., 1986 /s/ Judy H. Paul Notary Public, Oglethorpe Co., Georgia My Commission Expires May 13, 1990 (SEAL) Approved March 19, 1987.
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LOWNDES COUNTY SCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 204 (House Bill No. 259). AN ACT To provide that future school superintendents of the Lowndes 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 Lowndes 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 Lowndes County School District in office on the effective date of this section shall serve out the term of office for which he was elected. Thereafter, future school superintendents of the Lowndes County School District shall be appointed by the board of education of Lowndes County rather than elected; and no election for school superintendent of the Lowndes County School District shall be held. In the event of a vacancy in the office of school superintendent on or after the effective date of this section, the vacancy shall be filled by appointment as provided in this Act. 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 any additional method for removal of the school superintendent for cause, after notice and opportunity for hearing. 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.
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Section 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Lowndes County shall call and conduct an election as provided in this section for the plurpose of submitting this Act to the electors of the Lowndes County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the March, 1988, presidential preference 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 Lowndes 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 Lowndes 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 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. The expense of such election shall be borne by Lowndes 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to provide that after the expiration of the current term of office of the Lowndes County school superintendent the selection of future
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superintendents shall be by appointment by the board of education; to provide for a referendum election as to the foregoing; to provide for related matters; to repeal conflicting laws; and for other purposes. This 8th day of January, 1987. James M. Beck 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 10, 1987. /s/ James M. Beck Representative, 148th District Sworn to and subscribed before me, this 12th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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CITY OF ROSWELL CORPORATE LIMITS. No. 205 (House Bill No. 276). AN ACT To amend an Act establishing a new charter for the City of Roswell, approved April 10, 1971 (Ga. L. 1971, p. 3289), 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 Roswell, approved April 10, 1971 (Ga. L. 1971, p. 3289), as amended, is amended by adding at the end of Section 1.02, a new paragraph to read as follows: In addition to the corporate limits of the City of Roswell provided for in this section, there is included within the corporate limits of the City of Roswell the following described property: TRACT I: All of that tract or parcel of land lying and being in Land Lot 714 of the First District, Second Section of Fulton County, Georgia, being more particularly described as: BEGINNING at an iron pin located in the northwest corner of Land Lot 714 which is the common corner of Land Lots 714, 713, 676, and 675; north 89 degrees 20[prime] 00[Prime] East 949.15 feet along the North line of Land Lot 714 to an iron pin; going thence South 6 degrees 16[prime] 00[Prime] West 573.70 feet to an iron pin; going thence South 18 degrees 47[prime] 00[Prime] West 150.00 feet to an iron pin; going thence South 2 degrees 37[prime] 00[Prime] West 88.20 feet to an iron pin; going thence South 18 degrees 48[prime] 00[Prime] West 149.75 feet to an iron pin; going thence South 70 degrees 52[prime] 40[Prime] East 569.60 feet to an iron pin on the West right-of-way
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of Fouts Road (60 foot right-of-way); going thence South 12 degrees 56[prime] 00[Prime] West 216.20 feet along the West right-of-way of Fouts Road to an iron pin located at the intersection of the West right-of-way of Fouts Road with the South line of Land Lot 714; going thence North 89 degrees 32[prime] 00[Prime] West 1212.50 feet along the South line of Land Lot 714 to a concrete monument located in the Southwest corner of Land Lot 714 which is the common corner of Land Lots 714, 715, 674, and 675; and going thence North 2 degrees 45[prime] 00[Prime] West 1320.00 feet along the West line of Land Lot 714 to an iron pin in the Northwest corner of said Land Lot and the POINT OF BEGINNING, containing 28.73 acres as per survey for the City of Roswell by Bates-Long Associates, dated June 27, 1980, and found in the records of the Clerk of the Superior Court of Fulton County, Georgia, in Plat Book 120, Page 91, which plat is hereby incorporated by reference and made a part of this description. TRACT II : All that tract or parcel of land lying and being in Land Lot 715 of the 1st District, 2nd Section, Fulton County, Georgia, and being more particularly described as follows: BEGINNING at a concrete marker at the northwest corner of Land Lot 715, running thence along the north land lot line of said land lot South 89 degrees 26 minutes East, a distance of 1,212.5 feet to a point located on the westerly side of the 60-foot right-of-way of Fouts Road (a dirt road); running thence in a southeasterly direction along the southwesterly side of said road the following courses and distances: South 16 degrees 30 minutes East, a distance of 100.0 feet to a point; South 19 degrees 15 minutes East, a distance of 100.0 feet to a point; South 13 degrees 50 minutes East, a distance of 100.0 feet to a point; South 11 degrees 40 minutes East, a distance of 52.6 feet to a point; leaving the southwesterly side of Fouts Road and running thence South 89 degrees 59 minutes 44 seconds West, a distance of 1,308.36 feet to a point on the west land lot line of Land Lot 715; running thence along said land lot line North 00 degrees 00 minutes East, a distance of 351.0 feet to the northwestern
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corner of Land Lot 715 and the POINT OF BEGINNING. Said tract containing 10.00 acres according to that certain Survey for City of Roswell prepared by Fred Wilson Long, R.L.S. No. 1685, and J. Paul Bates, R.L.S. No. 936, of Bates-Long Associates, dated February 8, 1984, as revised October 11, 1984, which survey is incorporated herein by this reference and made a part of this description. 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 1987 session of the General Assembly of Georgia a bill to amend the charter of the City of Roswell, Georgia, approved April 10, 1971 (Ga. Laws 1971, page 3289), as amended, by adding to the corporate limits of the City of Roswel the following described real property: TRACT I: All of that tract or parcel of land lying and being in Land Lot 714 of the First District, Second Section of Fulton County, Georgia, being more particularly described as: BEGINNING at an iron pin located in the northwest corner of Land Lot 714 which is the common corner of Land Lots 714, 713, 676, and 675; north 89 20[prime] 00[Prime] East 949.15 feet along the North line of Land Lot 714 to an iron pin; going thence South 6 16[prime] 00[Prime] West 573.70 feet to an iron pin; going thence South 18 47[prime] 00[Prime] West 150.00 feet to an iron pin; going thence South 2 37[prime] 00[Prime] West 88.20 feet to an iron pin; going thence South 18 48[prime] 00[Prime] West 149.75 feet to an iron pin; going thence South 70 52[prime] 40[Prime] East 569.60 feet to an iron pin on the West right-of-way of Fouts Road (60 foot right-of-way); going thence South 12 56[prime] 00[Prime] West 216.20 feet along the West right-of-way of Fouts Road to an iron pin located at the intersection of the West right-of-way of Fouts Road with the South line of Land Lot 714; going thence North 89 32[prime] 00[Prime] West 1212.50 feet along the South line of Land Lot 714 to a concrete monument located
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in the Southwest corner of Land Lot 714 which is the common corner of Land Lots 714, 715, 674, and 675; and going thence North 2 45[prime] 00[Prime] West 1320.00 feet along the West line of Land Lot 714 to an iron pin in the Northwest corner of said Land Lot and the POINT OF BEGINNING, containing 28.73 acres as per survey for the City of Roswell by Bates-Long Associates, dated June 27, 1980, and found in the records of the Clerk of the Superior Court of Fulton County, Georgia, in Plat Book 120, Page 91, which plat is hereby incorporated by reference and made a part of this description. TRACT II: All that tract or parcel of land lying and being in Land Lot 715 of the 1st District, 2nd Section, Fulton County, Georgia, and being more particularly described as follows: BEGINNING at a concrete marker at the northwest corner of Land Lot 715; running thence along the north land lot line of said land lot South 89 degrees 26 minutes East, a distance of 1,212.5 feet to a point located on the westerly side of the 60-foot right-of-way of Fouts Road (a dirt road); running thence in a southeasterly direction along the southwesterly side of said road the following courses and distances: South 16 degrees 30 minutes East, a distance of 100.0 feet to a point; South 19 degrees 15 minutes East, a distance of 100.0 feet to a point; South 13 degrees 50 minutes East, a distance of 100.0 feet to a point; South 11 degrees 40 minutes East, a distance of 52.6 feet to a point; leaving the southwesterly side of Fouts Road and running thence South 89 degrees 59 minutes 44 seconds West, a distance of 1,308.36 feet to a point on the west land lot line of Land Lot 715; running thence along said land lot line North 00 degrees 00 minutes East, a distance of 351.0 feet to the northwestern corner of Land Lot 715 and the POINT OF BEGINNING. Said tract containing 10.00 acres according to that certain Survey for City of Roswell prepared by Fred Wilson Long, R.L.S. No. 1685, and J. Paul Bates, R.L.S. No. 936, of Bates-Long Associates, dated February 8, 1984, as revised October 11, 1984, which survey is incorporated herein by this reference and made a part of this description. A copy of the proposed amendment is on file in the office of Elwyn Gaissert, City Administrator, and in the office of the
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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 16th, 23rd, 30th days of DECEMBER, 1986. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me this 13th day of JANUARY, 1987 /s/ Kathy R. Pines Notary Public, Georgia, State at Large My Commission Expires May 7, 1989 (SEAL) Approved March 19, 1987.
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FULTON COUNTY HOMESTEAD EXEMPTION FOR RESIDENTS 70 YEARS OF AGE OR OVER OR DISABLED; REFERENDUM. No. 206 (House Bill No. 284). 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.
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(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 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 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, 1988.
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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 1988 general election and shall issue the call for such election at least 30 but not more than 60 days prior to the date of the 1988 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 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, 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 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.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 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 Ad Valorem taxes for each resident of Fulton County who is 70 years of age or over or disabled of 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 12th day of January, 1987. REPRESENTATIVE DICK LANE District 27 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 13, 1987. /s/ Dick Lane Representative, 27th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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TOWN OF IRON CITY NEW CHARTER. No. 207 (House Bill No. 285). AN ACT To provide a new charter for the Town of Iron City; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, a town treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; 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 Town of Iron City in Seminole County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the Town of Iron City. References in this charter to the town or this town refer to the Town of Iron City. The town shall have perpetual existence.
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Section 1.11. Corporate boundaries. The boundaries of this town shall be as follows, to wit: One-half mile in every direction from the intersection of old U.S. Highway 84 (Georgia Highway 38) and Georgia Highway 45 in said town. Section 1.12. Municipal powers. (a) This town shall have all powers possible for a town 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 town shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this town. 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 town; (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 town; 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 town; (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,
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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 town taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the town, 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 town 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 town; (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 town from all individuals,
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firms, and corporations residing in or doing business within the town and 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 town 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 town 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 town and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the town's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the town; 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 town; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;
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(17) Municipal debts. To appropriate and borrow money for the payment of debts of the town 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 town; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the town 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 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; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the town; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the town as provided by ordinance; (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 town planning for development by zoning and to provide subdivision regulation and the like as the board of aldermen
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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 police officers 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, 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 town; 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 or contract for 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;
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(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 town 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 town; (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 town; and to negotiate and execute leases over, through, under, or across any town property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the town for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the town; 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 and for private use; 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
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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 of any public improvement; (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 town; 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
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(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 town 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 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 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 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the town, 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, ELECTIONS, AND REMOVAL Section 2.10 Board of aldermen creation; composition; number; election. (a) The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a board of aldermen to be composed of a mayor and four aldermen. (b) The mayor and aldermen 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 alderman unless he shall have been a resident of this town for 24 months immediately preceding the election of mayor or aldermen; each such person shall continue to reside within the town during said period of service and shall be registered and qualified to vote in municipal elections of this town. No person's name shall be listed as a candidate on the ballot for election for either
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mayor or alderman unless such person shall file a written notice with the clerk of said town that he desires his name to be placed on said ballot as a candidate either for mayor or alderman. No person shall be eligible for the office of mayor or alderman unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 2.11. Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said town shall be eligible to qualify as voters in the election. (b) 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. Except as otherwise provided by this charter, the board of aldermen shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. (c) The mayor and aldermen who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) For the purpose of electing members of the board of aldermen, the Town of Iron City shall consist of one election district with four numbered posts and a mayor. Each person seeking election shall designate either the post or position of mayor for which he seeks election. (e) On the first Tuesday in October, 1987, and on that day annually thereafter, there shall be an election to fill elective offices which expire in any such year. On the first Tuesday in October, 1987, and every two years thereafter, an election will be held for the aldermen posts currently held by Emory Easterwood and Donnie Ray Kelley, designated as Post 1 and Post 2, respectively. On the first Tuesday in October, 1988, and every two years thereafter, an election will be held for the mayor's post currently held by James W. Aligood and two aldermen posts currently held by Phil Brackin and Paul Bell, which two
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posts are designated as Post 3 and Post 4, respectively. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. Section 2.12 Vacancies in office. (a) (1) The office of mayor or alderman 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. (2) Upon the suspension from office of mayor or alderman in any manner authorized by the general laws of the State of Georgia, the board of aldermen or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or alderman shall become vacant, the board of aldermen 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 three months of the expiration of the term of that office, the board of aldermen or those members remaining shall appoint a successor for the remainder of the unexpired 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 2.13. Nonpartisan elections. Political parties shall not conduct primaries for town offices and all names of candidates for town offices shall be listed without party labels. Section 2.14. Election by plurality. The candidate receiving a plurality of the votes cast for any town office shall be elected. Section 2.15. Compensation and expenses. The mayor and aldermen shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A; provided, however, that in no case shall the mayor's annual salary exceed $1,200.00 or the aldermen's annual salaries exceed $900.00.
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Section 2.16. Prohibitions. (a) No elected official, appointed officer, or employee of the town 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 town 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
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contract or matter pending before or within any department of the town shall disclose such private interest to the board of aldermen. The mayor or any alderman who has a private interest in any matter pending before the board of aldermen shall disclose such private interest and such disclosure shall be entered on the records of the board of aldermen, 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 town 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 board of aldermen 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 board of aldermen. (e) Except as authorized by law, no member of the board of aldermen shall hold any other elective town office or other town employment during the term for which he was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act. (f) No appointive officer and no employee of the town shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (g) (1) Any town 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 town who shall forfeit his office or position as described in paragraph (1) of this
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subsection shall be ineligible for appointment or election to or employment in a position in the town government for a period of three years thereafter. Section 2.17. Removal of officers. (a) The mayor, an alderman, 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 Section 2.16 or any other 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 four aldermen after an investigative hearing. In the event an elected officer is sought to be removed by the action of the board of aldermen, 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 section shall have the right of appeal from the decision of the board of aldermen to the Superior Court of Seminole County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or
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(2) By an order of the Superior Court of Seminole County following a hearing on a complaint seeking such removal brought by any resident of the Town of Iron City. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES Section 3.10. General power and authority. Except as otherwise provided by this charter, the board of aldermen shall be vested with all the powers of government of this town as provided by Article I of this charter. Section 3.11. Organization. (a) The board of aldermen shall hold an organizational meeting on the second Monday in January each year. The meeting shall be called to order by the town 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) (alderman) of this town 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. (b) By a majority vote, the board of aldermen shall elect an alderman to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the board of aldermen 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 board of aldermen. The board of aldermen 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 board of aldermen. Section 3.12. Inquiries and investigations. The board of aldermen may make inquiries and investigations into the affairs of the town 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
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in the exercise of these powers by the board of aldermen shall be punished as provided by ordinance. Section 3.13. Meetings. (a) The board of aldermen shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the board of aldermen may be held on call of the mayor or four members of the board of aldermen. 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 aldermen shall not be required if the mayor and all aldermen are present when the special meeting is called. Such notice of any special meeting may be waived by an alderman 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 alderman's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the board of aldermen 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 3.14. Procedures. (a) The board of aldermen 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 board of aldermen 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 3.15. Voting. (a) Except as otherwise provided in subsection (b) of this section, the mayor and three aldermen shall constitute a quorum and shall be authorized to transact the business of the board of aldermen. 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 board of aldermen 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 aldermen shall be required for the adoption of any ordinance, resolution, or motion.
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(b) In the event vacancies in office result in less than a quorum of aldermen holding office, then the remaining aldermen in office shall constitute a quorum and shall be authorized to transact business of the board of aldermen. A vote of a majority of the remaining aldermen shall be required for the adoption of any ordinance, resolution, or motion. Section 3.16. Ordinances. (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 Board of Aldermen of the Town of Iron City hereby ordains... and every ordinance shall so begin. (b) An ordinance may be introduced by any alderman and be read at a regular or special meeting of the board of aldermen. Ordinances shall be considered and adopted or rejected by the board of aldermen 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 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each alderman and shall file a reasonable number of copies in the office of the clerk and at such other public places as the board of aldermen may designate. Section 3.17. Effect of ordinances. Acts of the board of aldermen which have the force and effect of law shall be enacted by ordinance. Section 3.18. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the board of aldermen may convene on call of the mayor or two aldermen 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
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is introduced, but the affirmative vote of at least three aldermen 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 ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 3.19. Codes. (a) The board of aldermen 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 3.16 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 3.20 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 3.20. 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 board of aldermen. (b) The town shall provide for the preparation of a general codification of all the ordinances of the town having the force and effect of law. The general codification shall be adopted by the board of aldermen 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 board of aldermen may specify. This compilation shall be known and cited officially as The Code of the Town of Iron City, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the town and shall be made available for purchase by the public at a reasonable price as fixed by the board of aldermen.
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(c) The board of aldermen 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 board of aldermen. 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 within the code. The board of aldermen 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 3.21. Chief executive officer; delegation of powers. The mayor shall be the chief executive of this town. The mayor shall possess all of the executive and administrative powers granted to the town under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the town and qualified in management and administration. Section 3.22. Powers and duties of mayor. As the chief executive of this town, the mayor shall: (1) Preside at all meetings of the board of aldermen; (2) Be the head of the town for the purpose of service of process and for ceremonial purposes and be the official spokesman for the town 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 town all written and approved contracts, ordinances, and other instruments executed by the town which by law are required to be in writing; (5) Not vote on matters before the board of aldermen except to break tie votes but shall be counted toward a quorum as any other member;
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(6) Prepare and submit to the board of aldermen a recommended annual operating budget and recommended capital budget; and (7) Fulfill such other executive and administrative duties as the board of aldermen shall by ordinance establish. ARTICLE IV ADMINISTRATIVE AFFAIRS Section 4.10. Department heads. (a) Except as otherwise provided in this charter, the board of aldermen by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the town as necessary for the proper administration of the affairs and government of this town. (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the board of aldermen. 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 board of aldermen. The director involved may appeal to the board of aldermen which, after a hearing, may override the mayor's action by a vote of three aldermen. Section 4.11. Boards. (a) The board of aldermen shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the board of aldermen deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.
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(b) All members of boards, commissions, and authorities of the town shall be appointed by the board of aldermen 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. (c) The board of aldermen, 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 town. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed for the 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 town 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 board of aldermen. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town 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 town. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the town, 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 town. Section 4.12. Town attorney. The board of aldermen shall appoint a town attorney who shall be a member of the State
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Bar of Georgia and shall have actively practiced law for at least one year. The town attorney shall serve at the pleasure of the board of aldermen. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the board of aldermen as directed, shall advise the board of aldermen, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs, and shall perform such other duties as may be required of him by virtue of his position as town attorney. The board of aldermen shall provide for the compensation of the town attorney. Section 4.13. Town clerk. The board of aldermen shall appoint a town clerk who shall not be an alderman. The town clerk shall be custodian of the official town seal, maintain board of aldermen records required by this charter, and perform such other duties as may be required by the board of aldermen. Section 4.14. Treasurer. The board of aldermen shall appoint a town treasurer to collect all taxes, licenses, fees, and other moneys belonging to the town subject to the provisions of this charter and the ordinances of the town and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the town. The town treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. Section 4.15. Policies and compensation. The board of aldermen may adopt such personnel policies and compensation as deemed appropriate. ARTICLE V JUDICIAL BRANCH Section 5.10. Municipal court. There shall be a court to be known as the Municipal Court of the Town of Iron City. Section 5.11. 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.
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(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 board of aldermen. (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 board of aldermen. (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 board of aldermen journal required in Section 3.14 of this charter. Section 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13. Powers. (a) The municipal court shall try and punish violations of this charter, all town 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 $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 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
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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) 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. (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 town, 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 town. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this town 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 5.14. 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 Seminole County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 5.15. Rules. With the approval of the board of aldermen, the judge shall have full power and authority to make
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reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the board of aldermen 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 town 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 VI FINANCE Section 6.10. Property tax. The board of aldermen may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town 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 town 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 board of aldermen in its discretion. Section 6.11. Millage. The board of aldermen by ordinance shall establish a millage rate for the town property tax, a due date, and the time period within which these taxes must be paid. The board of aldermen 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 board of aldermen 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 town or who practice or offer to practice any profession or calling within the town to the extent such persons have a constitutionally sufficient nexus to this town to be so taxed. The board of aldermen 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.
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Section 6.13. Licenses. The board of aldermen by ordinance shall have the power to require any individual or corporation who transacts business in this town or who practices or offers to practice any profession or calling within the town to obtain a license or permit for such activity from the town 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 town regulations. Such fees may reflect the total cost to the town of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The board of aldermen 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 board of aldermen shall have the power to grant franchises for the use of this town'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 board of aldermen 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 town receives just and adequate compensation therefor. The board of aldermen shall provide for the registration of all franchises with the town clerk in a registration book kept by him. The board of aldermen may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15. Sewer fees. The board of aldermen 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 town for the total cost to the town 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 board of aldermen 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
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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 town 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 town to govern its local affairs. Section 6.18. Collection of delinquent taxes. The board of aldermen by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the town 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 of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking town licenses for failure to pay any town taxes or fees, and providing for the assignment or transfer of tax executions. Section 6.19. Borrowing. The board of aldermen 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 board of aldermen 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 town 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 board of aldermen 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 town government.
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Section 6.23. Budget ordinance. The board of aldermen 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 board of aldermen but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the board of aldermen 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 town, 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, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection. Section 6.25. Adoption. (a) The board of aldermen 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 board of aldermen shall adopt the final operating budget for the ensuing fiscal year not later than the first day of January of each year. If the board of aldermen 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 proprated accordingly, until such time as the board of aldermen 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.
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(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 board of aldermen 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 town. Section 6.27. Changes in budget. The board of aldermen 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 board of aldermen, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the board of aldermen a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing year. The board of aldermen shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The board of aldermen 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 3.17 of this charter. (b) The board of aldermen shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the first day of January 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,
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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 town accounts, funds, and financial transactions by a certified public accountant selected by the board of aldermen. 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 town shall be binding on the town unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the town 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 board of aldermen and such approval is entered in the board of aldermen journal of proceedings pursuant to Section 3.14 of this charter. Section 6.31. Purchasing. The board of aldermen shall by ordinance prescribe procedures for a system of centralized purchasing for the town. Section 6.32. Sale of property. (a) The board of aldermen may sell and convey any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The board of aldermen 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 town has no readily ascertainable monetary value.
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(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town 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 town, the board of aldermen may authorize the mayor to execute and deliver in the name of the town 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 exchange is deemed to be in the best interest of the town. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town 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 town, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the board of aldermen 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 town not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the board of aldermen. Section 7.12. 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 town agencies, personnel, or offices as may be provided by the board of aldermen. Section 7.13. 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.
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(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the town and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 30 days before or during which the existing board of aldermen shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. Section 7.15. Specific repealer. An Act incorporating the Town of Iron City in the County of Seminole, approved August 17, 1908 (Ga. L. 1908, p. 752), as amended by an Act approved February 7, 1952 (Ga. L. 1952, p. 2238), an Act approved March 21, 1968 (Ga. L. 1968, p. 2814), an Act approved March 1, 1978 (Ga. L. 1978, p. 3696), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4336), is repealed in its entirety. Section 7.16. 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 1987 session of the General Assembly of Georgia a bill relative to the charter of the Town of Iron City; and for other purposes. This 15th day of December, 1986. Walter E. Cox, Representative District 141 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter E. Cox, who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawsonville News which is the official organ of Seminole County, on the following date: December 18, 1987.
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/s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. QUITMAN COUNTY TREASURER; OFFICE ABOLISHED. No. 208 (House Bill No. 286). AN ACT To abolish the office of county treasurer of Quitman County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1989, the office of county treasurer of Quitman County shall stand abolished. In the event the office of county treasurer should become vacant prior to January 1, 1989, such vacancy shall not be filled and the office shall stand abolished as of the date of the vacancy in office. 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 1987 session of the General Assembly of Georgia a bill to abolish
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the office of county treasurer of Quitman County; and for other purposes. This 15th day of January, 1987. Gerald E. Greene 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 Cuthbert Times and News Record which is the official organ of Quitman County, on the following date: January 15, 1987. /s/ Gerald E. Greene Representative, 130th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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QUITMAN COUNTY TREASURER; SALARY REPEALED. No. 209 (House Bill No. 287). AN ACT To repeal in its entirety an Act providing for the compensation of the treasurer of Quitman County, approved August 3, 1925 (Ga. L. 1925, p. 740), as amended by an Act approved August 4, 1927 (Ga. L. 1927, p. 647), an Act approved February 19, 1951 (Ga. L. 1951, p. 2527), and an Act approved March 4, 1975 (Ga. L. 1975, p. 2603); to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That Act entitled An Act to provide for the compensation of the Treasurer of Quitman County, Georgia, by an annual salary to fix the amount of said salary and to provide for the fixing of the amount of the bond to be given by said Treasurer and payment of the premium of said bond and for other purposes., approved August 3, 1925 (Ga. L. 1925, p. 740), as amended by an Act approved August 4, 1927 (Ga. L. 1927, p. 647), an Act approved February 19, 1951 (Ga. L. 1951, p. 2527), and an Act approved March 4, 1975 (Ga. L. 1975, p. 2603), is repealed in its entirety. Section 2. This Act shall become effective 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 1987 session of the General Assembly of Georgia a bill to repeal in its entirety an Act providing for the compensation of the treasurer of Quitman County, approved August 3, 1925 (Ga. L. 1925, p. 740), as amended by an Act approved August 4, 1927 (Ga. L. 1927, p. 647), an Act approved February 19, 1951
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(Ga. L. 1951, p. 2527), and an Act approved March 4, 1975 (Ga. L. 1975, p. 2603); and for other purposes. This 15th day of January, 1987. Gerald Greene 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 Cuthbert Times and News Record which is the official organ of Quitman County, on the following date: January 15, 1987. /s/ Gerald E. Greene Representative, 130th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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QUITMAN COUNTY BOARD OF COMMISSIONERS; CLERK; POSITION CREATED; DUTIES. No. 210 (House Bill No. 288). AN ACT To amend an Act creating the Board of Commissioners of Quitman County, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2770), as amended, so as to provide for the position of clerk to the board of commissioners; to provide for compensation; to provide that the clerk shall perform the duties of county treasurer; to provide for the payment of the bond of the clerk; 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 Quitman County, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2770), as amended, so as to provide for the position of clerk to the board of commissioners, is 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 commissioners shall select a clerk who shall be a resident of the county and who shall not be a member of the board. The clerk shall receive for services as such an amount to be set by the board. (b) The duties of the clerk shall be: (1) To keep accurate and detailed minutes of the meetings of the commissioners; (2) To record the vote on all important orders passed; (3) To countersign all warrants for payments of debts contracted by the county; (4) To keep a cash book separate from the minute book;
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(5) To keep a separate account in said cash book of the various funds for which taxes were levied and collected; (6) To make entries in said book of all receipts and disbursements, showing for what purposes disbursed, and to whom paid. (c) The clerk shall take an oath to perform properly and legally the duties of office, to be administered by the chairman of the board, before the clerk shall enter upon his duties. The clerk shall hold office at the pleasure of the board and may be discharged at any time by a majority of the members of the board. (d) Effective January 1, 1989, or upon the date of a vacancy in the office of county treasurer if before January 1, 1989, the clerk shall perform all duties provided by law for the county treasurer of Quitman County. The bond premiums of the clerk shall be paid by the county. The clerk shall not receive commissions, fees, or compensation other than the amounts set under subsection (a) of this section for performing the duties of county treasurer. 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Quitman County, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2770), as amended, so as to provide for the position of clerk to the board of commissioners; to provide for compensation; to provide that the clerk shall perform the duties of county treasurer; to provide for the payment of the bond of the clerk; and for other purposes. This 15th day of January, 1987. Gerald E. Greene Honorable Gerald E. Greene Representative, 130th District
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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 15, 1987. /s/ Gerald E. Greene Representative, 130th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. CITY OF WARNER ROBINS MAYOR AND COUNCIL; COMPOSITION; TERMS; OATHS; VACANCIES; SUSPENSION; RECALL. No. 211 (House Bill No. 293). 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 change the provisions relating to the composition of the governing authority of Warner Robins and the terms of office of the members of such governing authority; to change the provisions relating to the oath of office
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of the mayor and members of the council; to change the provisions relating to a vacancy in the office of the mayor or any council member; to provide for temporary vacancies; to provide for the filling of vacancies; to change the provisions relating to the suspension of the mayor or a council member from office; to delete certain provisions relating to recall 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 Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, is amended by striking Section 2-101 in its entirety and inserting in lieu thereof a new Section 2-101 to read as follows: Section 2-101. (a) The legislative authority of the government of the City of Warner Robins, except as otherwise specifically provided in this charter, shall be vested in the mayor and six city council members. The mayor and council members shall be elected in the manner provided by this charter. (b) The members of the city council shall serve for terms of four years beginning on the first Monday in December following each regular municipal election or, if that date is a legal holiday, on the next following date which is not a legal holiday; and the terms shall end when their respective successors are elected, qualified, and sworn in as provided in Chapter 4 of this charter. Section 2. Said Act is further amended by striking in its entirety subsection (b) of Section 2-401 and inserting in lieu thereof a new subsection (b) to read as follows: (b) At this meeting, the newly elected or reelected mayor and council members shall each qualify to take office by taking the following oath of office to be administered by a judge of the Superior Court of Houston County: `I do solemnly swear (or affirm) that I will truly perform to the best of my abilities the duties of Mayor or Council Member, as the case may be, by adopting such
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measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of Warner Robins and the common interest thereof. I do further solemnly swear or affirm that I am otherwise qualified to hold said office according to the Constitutions of the United States of America and the State of Georgia and the Charter of the City of Warner Robins, and I will support the Constitutions of the United States of America and the State of Georgia.' Section 3. Said Act is further amended by striking Section 3-103 in its entirety and inserting in lieu thereof a new Section 3-103 to read as follows: Section 3-103. (a) In the event of any permanent vacancy in the office of the mayor or any council member by death, resignation, or for any other cause other than the regular expiration of the term of office, the vacancy or vacancies shall be filled by special election to be held within 45 days after such vacancy occurs and in such event the mayor or council member, as the case may be, after taking the oath of office, shall take office immediately. (b) If, however, any such permanent vacancy in the council should occur within one year of the regular expiration of the term of office, such vacancy shall be filled by appointment of a duly qualified person by the mayor and remaining members of the council. (c) If any such permanent vacancy in the office of mayor should occur within one year of the regular expiration of the term of office, such vacancy shall be filled by the mayor pro tempore for the remainder of the term of office, and the vacancy in the council shall remain unfilled until the next city election. A suspension by the Governor or the mayor or any council member shall create a temporary vacancy of the office, which shall be filled by appointment of a duly qualified person by the mayor and the remaining members of the council for the duration of such temporary vacancy. Section 4. Said Act is further amended by striking Section 3-201 in its entirety and inserting in lieu thereof a new Section 3-201 to read as follows:
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Section 3-201. A vacancy in the office of the mayor or council member occurs when a duly elected official fails to qualify or when a person who has been duly elected and qualified dies, resigns, becomes disabled, forfeits the office, is suspended by the Governor as provided under state law, or is recalled as provided in Chapter 4 of Title 21 of the O.C.G.A. Such a vacancy shall be filled as provided in Section 3-103 of this charter. Section 5. Said Act is further amended by striking in its entirety Section 3-202, which reads as follows: Section 3-202. Recall elections. (a) The mayor or any council member shall be subject to removal during his or her term of office in the following manner: (1) Anyone intending to circulate a petition requiring a recall election shall file notice of said intention with the city clerk of the City of Warner Robins and shall specify against whom the proposed recall petition is directed. If 20% of the electors eligible to participate in the last preceding general city election shall sign such a recall petition beginning on the date the notice of intention to circulate the petition is filed with the city clerk and ending six months from the date said notice of intention is filed with the city clerk, which petition must be filed in the office of the city clerk before the expiration of said six-month period, a special election shall be called and held within 60 days and conducted as provided for special elections in the Georgia Municipal Election Code on the subject only of the recall and nonrecall of such official. (2) It shall be the duty of such official having charge of elections to check the names on the electors' registration list and report to the mayor and council certifying the number of registered voters thereon in order to determine if the required number have signed the said petition. This report shall be submitted to the mayor and council with the petition at the next meeting held more than five days after the filing of such petition. (3) When so reported and certified, if the required number of electors have signed the petition, the governing
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body shall order an election to be held not less than 30 nor more than 60 days from the time of filing of such petition with the clerk. (4) At said election, the ballots shall be as follows, with the name of such officer and office inserted in the blanks: For the recall of....., holding the office of...... Against the recall of....., holding the office of...... The ballot shall contain such other instructions as considered necessary, and the voter shall indicate thereon which proposition is favored. (5) A meeting of the mayor and council shall be called and held within three days after the date of such election for the purpose of receiving the returns of the election and declaring the result thereof. (6) If a majority of those voting in the election vote in favor of the recall of the official, his or her office shall be declared immediately vacant and the remaining members of the mayor and council shall issue a call for a special election; but if a majority of those voting in the election fail to vote in favor of recall, the official shall retain his or her office and no other recall election shall be held so far as such official is concerned for a period of one year. (b) Notwithstanding any other provisions of this Section, a person elected to the office of mayor or a person elected to the office of council member shall not be subject to recall as provided herein until such person has served one year in office., and inserting in lieu thereof the following: Section 3-202. Reserved.
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Section 6. Said Act is further amended by striking in its entirety subsection (b) of Section 3-203 and inserting in lieu thereof a new subsection (b) to read as follows: (b) As provided in Code Section 45-5-6 of the O.C.G.A., whenever the mayor or council member shall be indicted for a felony and suspended from office by the Governor, then said position shall be temporarily vacant and shall be filled in compliance with Section 3-103 of this charter. 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 1987 session of the Georgia 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, page 3081), as amended; and for other purposes. This 22nd day of December, 1986. Honorable Roy H. Watson, Jr. Representative 114th District Honorable Ted Waddle Representative, 113th District 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, Not: Intention to Introduce Local Legislation was published in The Houston Home Journal on the following date: December 25, 1986 This 26th day of December, 1986. /s/ Jim Kerce mn Publisher, Houston Home Journal Perry, Georgia
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Sworn to and subscribed before me this 26th day of December 1986. /s/ Marie McLercey Notary Public, Crawford County Georgia My Commission Expires Sept. 16, 1990 (SEAL) Approved March 19, 1987. PIKE COUNTY WATER AND SEWERAGE AUTHORITY CREATION. No. 212 (House Bill No. 298). AN ACT To create the Pike 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 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
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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 Pike County or the cities within Pike 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 Pike County Water and Sewerage Authority Act. Section 2. Pike County Water and Sewerage Authority. (a) There is created a body corporate and politic to be known as the Pike 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 seven members. The board of commissioners of Pike County shall appoint the members of the authority, each of whom shall reside in Pike County. The board of commissioners of Pike County shall appoint three of the initial members for initial terms of three years, three of the initial members for initial terms of two years, and one initial member for an initial term of one year; with subsequent appointments
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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 Pike 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 Pike 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 as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
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(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 waster 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. Section 4. Powers. The authority is authorized:
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(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 authority upon such terms and for such purposes as they
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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,
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and deliver appropriate evidence of any such indebtedness, 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
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or resolutions authorizing the issuance of such bonds may provide. 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
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or any coupon 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 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 Pike 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
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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 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,
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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 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
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suit or action against such authority shall be brought in the Superior Court of Pike 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 Pike 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 of this Act, shall constitute a contract with the holders of such bonds.
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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 Pike 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 Pike 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 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
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does not in any way take from Pike 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 Pike 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to create
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the Pike 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 20th day of January, 1987. /s/ Marvin Adams Honorable Marvin Adams Representative, 79th District 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 Pike County Journal which is the official organ of Pike County, on the following date: January 21, 1987. /s/ Marvin Adams Representative, 79th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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TOWN OF DEARING MAYOR AND COUNCIL; TERMS. No. 213 (House Bill No. 317). AN ACT To amend an Act entitled An Act to incorporate the Town of Dearing, in McDuffie County, and to provide a municipal government for the same, and for other purposes., approved August 13, 1910 (Ga. L. 1910, p. 583), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2066), so as to provide four-year terms for the mayor and members of the council; 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 entitled An Act to incorporate the Town of Dearing, in McDuffie County, and to provide a municipal government for the same, and for other purposes., approved August 13, 1910 (Ga. L. 1910, p. 583), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2066), is amended by striking Section 3, which reads as follows: Section 3. Be it further enacted by the authority aforesaid, that there shall be held on the first Wednesday in December of 1966, and biennially thereafter on the same date, an election for the purpose of electing successors to the present mayor and councilmen. Successors to the present mayor and councilmen shall serve for a term of office of two years and until their successors are duly elected and qualified. Vacancies which occur in the offices of mayor or councilman shall be filled by the mayor and councilmen electing a successor to serve out the unexpired term of office in which the vacancy occurs., and inserting a new Section 3 to read as follows: Section 3. On the first Wednesday in December, 1988, and quadrennially thereafter on that same day, an election
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shall be held for the purpose of electing the mayor and members of the city council. The present mayor and members of the city council shall continue to serve until the expiration of their terms of office and until their successors are elected and qualified. Successors to the present mayor and members of the city council and future successors shall serve for terms of four years and until their successors are elected and qualified. Vacancies which occur in the office of mayor or any member of the city council shall be filled by the mayor and council electing a successor to serve out the unexpired term of the office in which the vacancy occurs. 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 1987 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to incorporate the Town of Dearing, in McDuffie County, and to provide a municipal government for the same, and for other purposes., approved August 13, 1910 (Ga. L. 1910, p. 583), as amended; and for other purposes. This 19th day of January, 1987. Honorable Robert A. Harris Representative, 84th District Affidavit of Publication Personally appeared before me, Jerry E. Whittle who, after being duly sworn, deposes and says that he is the Owner Publisher of The McDuffie Progress, newspaper and legal organ of Thomson and McDuffie County, and that the attached notice appeared in the January 21, 1987 issue (issues) of said newspaper. /s/ Jerry E. Whittle
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Sworn to and subscribed before me this 23 day of January, 1987. /s/ Iona T. Price Notary Public, McDuffie County, Georgia My Commission Expires March 25, 1990 (SEAL) Approved March 19, 1987. CHEROKEE COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS. No. 214 (House Bill No. 325). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cherokee 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, 1988, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cherokee 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 1987 session of the General Assembly of Georgia a bill providing
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that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cherokee County during designated registration periods; and for other purposes. This 8 day of January, 1987. /s/ W. G. Hasty Sr. 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 14, 1987. /s/ W. G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 15th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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POWDER SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 215 (House Bill No. 332). 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, as amended by Res. Act No. 118; S.R. 225; Ga. L. 1982, p. 2505); 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, as amended by Res. Act No. 118; S.R. 225; Ga. L. 1982, p. 2505) 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 1987 session of the General Assembly of Georgia a bill to continue
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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, as amended by Res. Act No. 118; S.R. 225; Ga. L. 1982, p. 2505); and for other purposes. This 5th day of January, 1987. Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES 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 9, 1987. /s/ Fred Aiken Representative, 21st District
4201
Sworn to and subscribed before me, this 21st day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. CITY OF DALLAS MAYOR; TERM. No. 216 (House Bill No. 352). AN ACT To amend an Act creating a new charter for the City of Dallas, approved March 6, 1956 (Ga. L. 1956, p. 2947), as amended, so as to change the term of office of the mayor; 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 Dallas, approved March 6, 1956 (Ga. L. 1956, p. 2947), as amended, is amended by striking in its entirety Section 7 and inserting in its place a new Section 7 to read as follows: Section 7. The government of the City of Dallas shall be vested in the mayor and six aldermen whose qualifications and manner of election are hereinafter prescribed, and the present mayor and aldermen together with all subordinate officers elected by said aldermen, subject to the right of the mayor and aldermen to remove, with or without cause, shall continue in office until their successors have been elected and qualified as herein provided. An election shall be held
4202
in said city on the first Wednesday in September, 1957, and every two years thereafter, at which time there shall be elected one alderman from Ward One, one alderman from Ward Three, and one alderman at large, each of whose term of office shall begin on January 1, 1958, and expire on December 31, 1959. There shall also be an election held in and for the City of Dallas on the first Wednesday in September every two years after the election above mentioned. At the election to be held on the first Wednesday in September, 1959, there shall be elected an alderman from Ward Two and from Ward Four and also one alderman at large, each of whose term of office shall begin on January 1, 1960, and expire on December 31, 1961. All subsequent term aldermen, both from the city at large and from each ward thereof, shall be elected for a term of four years each and until their successors are elected and qualified. At the election held on the first Wednesday in September, 1987, there shall be elected a mayor who shall hold office for a term of four years, beginning on January 1, 1988, and expiring on December 31, 1991, and until a successor is elected and qualified. Subsequent elections for mayor shall be held quadrennially at the city election next preceding the expiration of a term of office. Successors shall hold office for terms of four years and until a successor is elected and qualified. The successors of the above officials shall be elected by ballot as hereinafter prescribed. The governing body of said city shall be known as a mayor and council and any reference to aldermen shall be held to mean and be synonymous with councilmen. 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Dallas, approved March 6, 1956 (Ga. L. 1956, p. 2947), as amended, so as to change the term of the mayor; and for other purposes. This 12th day of January, 1987. L. Charles Watts Rep. 41st District
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Charles 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 15, 1987. /s/ L. Charles Watts Representative, 41st District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. CITY OF DALLAS CORPORATE LIMITS. No. 217 (House Bill No. 353). AN ACT To amend an Act creating a new charter for the City of Dallas, approved March 6, 1956 (Ga. L. 1956, p. 2947), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3988), so as to remove certain territory from the corporate limits of the city; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. An Act creating a new charter for the City of Dallas, approved March 6, 1956 (Ga. L. 1956, p. 2947), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3988), is amended by adding immediately following Section 4F thereof a new Section 4G to read as follows: Section 4G. The corporate limits of the City of Dallas shall not include any part of the following tracts or parcels of land and any part of such tracts or parcels formerly included within the corporate limits of the city is hereby deannexed and removed from the city: (1) All that tract or parcel of land consisting of 13.00 acres more or less, lying and being in Land Lots 418, 447, and 448 of the 2d District, 3d Section of Paulding County and more particularly described in a plat of survey made for Fred Aiken by Cecil R. Kelly and recorded in Plat Book 15, Page 186 of the Paulding County plat records; and (2) All that tract or parcel of land consisting of 0.93 acres more or less, lying and being in Land Lot 448 of the 2d District, 3d Section of Paulding County and more particularly described in a plat of survey made for Doyal L. Couch by Cecil R. Kelly and recorded in Plat Book 16, Page 71 of the Paulding County plat records. 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Dallas, approved March, 6, 1956 (Ga. L. 1956, P. 2947), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, P. 3988), so as to remove certain territory from the corporate limits of the city; to provide for related matters; to repeal conflicting laws; and for other purposes. This 12th day of January, 1987. L. Charles Watts
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Charles 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 14, 1987. /s/ L. Charles Watts Representative, 41st District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. TROUP COUNTY BOARD OF EDUCATION; COMPENSATION. No. 218 (House Bill No. 366). AN ACT To amend an Act providing a board of education of Troup County, approved January 22, 1986 (Ga. L. 1986, p. 3515), so as to provide for the compensation of members of the board of education; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. An Act providing a board of education of Troup County, approved January 22, 1986 (Ga. L. 1986, p. 3515), is amended by adding between Section 4 and Section 5 a new Section 4.1 to read as follows: Section 4.1. Members of the board of education of Troup County shall receive a per diem for each day of attendance at meetings of the board and while meeting and traveling inside or outside the state on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. The per diem shall be set by majority vote of the board but shall not exceed the sum of $100.00. 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 sowrn, 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: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act providing a board of education of Troup County, approved January 22, 1986 (Ga. L. 1986, p. 3515); and for other purposes. This 12th day of January, 1987. Honorable J. Crawford Ware Representative, 77th District
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has been published in said LaGrange Daily News, to-wit: 1-16-87 being one publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen O. Long Publisher Sworn and subscribed before me, this 16th day of January 1987. /s/ Thelma A. Ledford Notary Public, Troup County (SEAL) Approved March 19, 1987. CITY OF LILBURN MAYOR AND COUNCILMEN; VACANCIES. No. 219 (House Bill No. 368). AN ACT To amend an Act creating a new charter for the City of Lilburn, approved March 18, 1980 (Ga. L. 1980, p. 3164), so as to provide procedures for filling permanent and temporary vacancies on the governing authority of the City of Lilburn; 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 Lilburn, approved March 18, 1980 (Ga. L. 1980, p. 3164), is amended by striking Section 5.13 and inserting in lieu thereof a new Section 5.13 to read as follows:
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Section 5.13. Permanent Vacancies. In the case of a vacancy in the office of mayor or councilman, from failure to elect, death, removal, or any cause whatsoever, the remaining members of the governing authority shall appoint an individual to fill said vacancy at any regular or specially called meeting of the governing authority. The person appointed shall have all authority thereafter as is possessed by an elected person for the same position. The person appointed shall serve until the next regularly scheduled general election. Section 2. Said Act is further amended by adding at the end of Article V thereof a new Section 5.20 to read as follows: Section 5.20. Temporary Vacancies. Pursuant to the authority set forth in subsection (d) of Code Section 45-5-6 of the O.C.G.A., for the duration of any suspension of any elected member of the governing authority of the City of Lilburn, a replacement officer for the public officer suspended shall be appointed at any regular or specially called meeting of the governing authority. The person appointed shall have all authority thereafter as is possessed by an elected person for the same position. The person appointed shall serve for the duration of the suspension or the expiration of the term of office for which said appointment has been made, whichever shall first occur. Should the suspended person be finally convicted, the office of the said public official shall be considered permanently vacant and shall be filled pursuant to Section 5.13 of the charter of the City of Lilburn, as amended. 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 legislation will be introduced at the 1987 session of the General Assembly to amend the Charter of the City of Lilburn, Georgia so as to provide procedures for filling the permanent and temporary vacancies of the Mayor and Council of the said City of Lilburn, Georgia; and for other purposes.
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This 5th day of December, 1986. JAMES W. GARNER, City Attorney City of Lilburn, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Charles Bannister, who, on oath, deposes and says that he is Representative from the 62nd 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 12, 1986. /s/ E. Charles Bannister Representative, 62nd District Sworn to and subscribed before me, this 27th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. CITY OF GAINESVILLE INDEPENDENT SCHOOL DISTRICT HOMESTEAD EXEMPTION; REFERENDUM. No. 220 (House Bill No. 372). AN ACT To provide that the homestead of each resident of the City of Gainesville Independent School District which is otherwise
4210
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, 1988, 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, 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.
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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 municipal general election which is held in 1987. 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 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
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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 INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to provide for the homestead exemption from ad valorem taxes for educational purposes in the City of Gainesville Independent School District; and for other purposes. Jerry Jackson, 9th District Nathan Deal, 9th District Joe T. Wood, 9th District Bobby Lawson, 9th District 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 22, 1987.
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/s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved March 19, 1987. TOWN OF THUNDERBOLT CLERK AND EX OFFICIO TREASURER; OFFICE ABOLISHED. No. 221 (House Bill No. 410). AN ACT To amend an Act creating a new charter for the Town of Thunderbolt, approved March 25, 1974 (Ga. L. 1974, p. 3269), as amended, so as to abolish the office of clerk and ex officio treasurer; to provide for the transfer of the powers and duties of such office; to provide for the exercise of such powers and duties until the office of clerk and ex officio treasurer is abolished; to repeal or amend the provisions of such charter which relate to the clerk and ex officio treasurer; to change the provisions relating to elections; to provide for other matters relative to the foregoing; 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 creating a new charter for the Town of Thunderbolt, approved March 25, 1974 (Ga. L. 1974, p. 3269),
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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. Establishment of Town Government. (a) The municipal government of the Town of Thunderbolt shall be vested in a mayor and six aldermen, known as the `town council.' On the third Tuesday in October, 1974, and on that same date biennially thereafter, there shall be held an election at which a mayor and six aldermen shall be elected for the Town of Thunderbolt. Those candidates elected to office in the 1974 election shall not take office until the expiration of the terms of office of the incumbent officers and, upon taking office, they shall serve until November 2, 1976, and until their successors are duly elected and qualified. Thereafter, all successors to the municipal offices of the Town of Thunderbolt shall take office on the second Tuesday following their election and shall serve for a term of office of two years and until their successors are duly elected and qualified. (b) All elections held for the purpose of filling municipal offices in the Town of Thunderbolt shall be nonpartisan, and no political party shall conduct primaries for the purpose of nominating candidates for such municipal elections. (c) To be eligible for election and to hold at any time the office of mayor or alderman, a person shall be at least 18 years of age, shall have resided in the Town of Thunderbolt for a period of one year immediately preceding the election, and shall be duly registered and qualified to vote in municipal elections of the town and of the State of Georgia. Qualification of candidates for municipal office shall begin at 9:00 A.M. on the forty-fifth day before the general election and shall close at 5:00 P.M. on the thirtieth day before the general election, and shall begin at 9:00 A.M. on the thirtieth day before a special election and close at 5:00 P.M. on the tenth day before such special election. Any person serving in office may be a candidate to succeed himself. Candidates for the six offices of alderman shall not designate any post, but all such candidates shall run for the `office of alderman.' (d) A qualification fee for the office of mayor or alderman shall be paid by each candidate who desires to qualify for said office, said fees being as follows:
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(1) For the office of mayor $25.00 (2) For the office of alderman 10.00 Said fees shall be paid to the town and used by the mayor and aldermen to defray election expenses. (e) Each elector of the town shall be entitled to vote for one candidate for mayor and six candidates for alderman. The candidate receiving the highest number of votes for mayor shall be elected mayor. The six candidates receiving the highest number of votes cast for the office of alderman shall be elected as the six aldermen of the Town of Thunderbolt. (f) The mayor and aldermen shall be installed in office by taking and subscribing the following oath: `I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor or alderman, as the case may be, of the Town of Thunderbolt; that I will faithfully execute and enforce the laws of said town to the best of my ability, skill, and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of said town and common interest thereof.' (g) The procedures and requirements for election of all elected officials of the Town of Thunderbolt as to special or general elections shall be in conformity with the provisions of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, the `Georgia Municipal Election Code.' Section 2 . Said Act is further amended by striking Section 7 of said Act and inserting in lieu thereof a new Section 7 to read as follows: Section 7. Office of Clerk and Ex Officio Treasurer Abolished; Transfer of Duties and Powers. Effective October 31, 1988, the office of clerk and ex officio treasurer of the Town of Thunderbolt is abolished. There shall be no election in 1988 to elect a successor to the clerk and ex officio treasurer who was in office on January 1, 1987. The mayor and council shall provide by ordinance for the transfer of the powers
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and duties formerly exercised by the clerk and ex officio treasurer to one or more officials, officers, or employees of the town. Such transfer shall occur on October 31, 1988, and the clerk and ex officio treasurer shall continue to exercise such powers and perform such duties until such date. Section 3. Said Act is further amended by striking the third undesignated paragraph of Section 8, which reads as follows: A vacancy in the office of clerk and ex officio treasurer shall be filled in the same manner as provided herein for filling a vacancy in the office of alderman, except that if the council fails to elect a replacement within 15 days and provided that the remaining portion of such unexpired term is six months or less, the mayor shall appoint a clerk and ex officio treasurer to fill such unexpired term., in its entirety. Section 4. Said Act is further amended by striking from subsection (a) of Section 17, relating to bonds, from subsection (a) of Section 31, relating to executions, and from Section 32, relating to appearance bonds, the following: the town clerk, and inserting in lieu thereof the following: the person designated by the mayor and council. Section 5. This Act shall become effective on October 31, 1988, except that Sections 1 and 2 of this Act shall become effective on September 1, 1988. Section 6. All laws and parts of laws in conflict with this Act are repealed. Affidavit of Publication STATE OF GEORGIA CHATHAM COUNTY Personnally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says:
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That he is the ASSISTANT GENERAL MANAGER 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. 8, 1987, and finds that the following Advertisement, to-wit: NOTICE IS HEREBY GIVEN, pursuant to applicable Georgia Law, that Local Legislation will be introduced in the 1987 Session of the Georgia General Assembly affecting Charter provisions of the Town of Thunderbolt. The provisions affected include, but are not limited to, salaries of elected officials as well as the duties and position of the office of Town Clerk, Hon. Diane Harvey Johnson, State Representative, 123rd District. appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 8 day of Jan, 1987. /s/ Lillie D. Atkins Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 (SEAL) Approved March 19, 1987.
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TOWN OF THUNDERBOLT MAYOR AND ALDERMEN; COMPENSATION. No. 222 (House Bill No. 411). AN ACT To amend an Act creating a new charter for the Town of Thunderbolt, approved March 25, 1974 (Ga. L. 1974, p. 3269), as amended, so as to change the maximum compensation of the mayor and aldermen; 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 Town of Thunderbolt, approved March 25, 1974 (Ga. L. 1974, p. 3269), as amended, is amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. Mayor; Powers; Compensation. The mayor shall be the chief executive officer of the town and shall have general supervision of the affairs of the town. He shall see that the laws of the town are executed and that the officers and employees of the town are faithful in the discharge of their respective municipal duties. He shall cause the books and records of said town and of its officers and agencies to be inspected annually. He shall preside at all meetings of the town council. He shall have the right to hire all municipal employees subject to the approval and consent of the town council and to discharge any town employee with the approval and consent of the council. The salary of the mayor and the time and method of payment shall be fixed by the town council, but said salary shall not exceed $2,400.00 per year. Section 2 . Said Act is further amended by striking the first undesignated paragraph of Section 6 in its entirety and inserting in lieu thereof a new first undesignated paragraph of Section 6 to read as follows: The town council shall be the legislative body of the municipality and it shall pass all ordinances and do all things pursuant to the authority herein given. It shall fix an annual budget for the town and approve all expenditures made by
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the town, and it shall fix the compensation for all town employees and officials. The salary of each alderman and the time and method of payment shall be fixed by the said town council, but said salary of each alderman shall not exceed $900.00 per year. 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 IS HEREBY GIVEN, pursuant to applicable Georgia Law, that Local Legislation will be introduced in the 1987 Session of the Georgia General Assembly affecting Charter provisions of the Town of Thunderbolt. The provisions affected include, but are not limited to, salaries of elected officials as well as the duties and position of the office of Town Clerk, Hon. Diane Harvey Johnson, State Representative, 123rd District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Diane Harvey Johnson, who, on oath, deposes and says that she is Representative from the 123rd 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: January 8, 1987. /s/ Diane Harvey Johnson Representative, 123rd District Sworn to and subscribed before me, this 27th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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CITY OF SALE CITY MAYOR AND COUNCILMEN; VACANCIES. No. 223 (House Bill No. 417). AN ACT To amend an Act incorporating the City of Sale City in Mitchell County, approved August 12, 1910 (Ga. L. 1910, p. 1117), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 2823), and an Act approved March 14, 1983 (Ga. L. 1983, p. 3748), so as to provide for the filling of vacancies in the office of mayor or councilman; 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 Sale City in Mitchell County, approved August 12, 1910 (Ga. L. 1910, p. 1117), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 2823), and an Act approved March 14, 1983 (Ga. L. 1983, p. 3748), is amended by adding at the end of Section 4 a new subsection, to be designated subsection (g), to read as follows: (g) In the case of a vacancy in the office of mayor or councilman and there is less than six months remaining on the unexpired term of such officer, the vacancy shall not be filled, provided that there remains a mayor or mayor pro tempore and a quorum of councilmen. If a vacancy occurs in the office of mayor or councilman and either no quorum remains or there are more than six months remaining on the unexpired term of such officer, the council shall order the municipal election superintendent to call and conduct an election to fill the vacancy for the unexpired term in the manner provided by law. Section 2. All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1987 Session of the General Assembly of Georgia, a bill to be entitled An Act to Amend an Act Incorporating the City of Sale City in Mitchell County, Georgia, so as to provide for the election of the Mayor and/or Councilmen should there occur a vacancy in said offices and to repeal all conflicting laws; and, for all other purposes. This the 19th day of January, 1987. /s/ Robert E. Hughes (L.S.) ROBERT E. HUGHES City Attorney for Sale City, Georgia 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 23, 1987. /s/ A. Richard Royal Representative, 144th District Sworn to and subscribed before me, this 28th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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CHATHAM COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 224 (House Bill No. 441). 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, so as to provide for the collection of additional costs as law library fees; 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, is amended by adding a new Section 7.1 to read as follows: Section 7.1. (a) The collection of additional costs in cases before the Magistrate Court of Chatham County, civil or criminal, shall be made for the benefit of the Chatham County Law Library. The amount of such fees shall not exceed 50. The amount of such fees shall be determined by the chief judge of the Superior Court of Chatham County. (b) The clerk of the Magistrate Court of Chatham 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. STATE OF GEORGIA CHATHAM COUNTY Personnally appeared before me, Gene Stewart, to me known, who being sworn, deposes and says:
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That he is the Assistant Gen. Manager 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. 8, 1987, 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 1987 session of the General Assembly of Georgia a bill 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, providing for additional costs; and for other purposes. This 5th day of January, 1987. James L. Pannell State Representative District 122 appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 12 day of Jan., 1987. /s/ Diane M. Strickland Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 (SEAL) Approved March 19, 1987.
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STEPHENS COUNTY SCHOOL SUPERINTENDENT; APPOINTMENT; VACANCIES; REFERENDUM. No. 225 (House Bill No. 449). AN ACT To provide for the appointment of the Stephens County School Superintendent by the Board of Education of Stephens County; to provide for the school superintendent in office on January 1, 1987; to provide that the school superintendent may be appointed at the pleasure of the board of education or may be provided with a contract of employment; to provide for application of certain laws; to provide for vacancies; 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. The Stephens County Superintendent of Schools in office on January 1, 1987, shall continue to serve out the term of office to which he was elected. At the expiration of his term of office, future school superintendents of the Stephens County School District shall be appointed by the Board of Education of Stephens County rather than elected, and no election for school superintendent of the Stephens 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 may 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 of removal of the school superintendent for cause, after notice and opportunity for hearing. 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.
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Section 4. On and after the effective date of this Act, if a vacancy occurs in the office of the Stephens County School Superintendent, the Board of Education of Stephens County shall appoint a school superintendent to fill such vacancy. Section 5. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Stephens County shall call and conduct an election for the purpose of submitting this Act to the electors of the Stephens 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 Stephens 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 Stephens 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, 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 Stephens 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 given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia a bill to provide that future School Superintendents of the Stephens County
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school district shall be appointed by the Board of Education of Stephens County; to provide for a special election for the approval or disapproval of the foregoing by the voters of the Stephens County school district; to provide for all related matters; and for other purposes. This 20th day of January, 1987. Jeanette Jamieson, State Representative District 11 GEORGIA, FULTON 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, 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 22, 1987. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 28th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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CITY OF VIDALIA BOARD OF EDUCATION; ELECTIONS. No. 226 (House Bill No. 468). 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, particularly by an Act approved March 26, 1986 (Ga. L. 1986, p. 4862), so as to change the provisions relating to the election of the members of the board of education; to provide for other matters relative thereto; 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 creating a system of public schools for the City of Vidalia, approved August 20, 1906 (Ga. L. 1906, p. 1104), as amended, particularly by an Act approved March 26, 1986 (Ga. L. 1986, p. 4862), is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 and Section 2A to read as follows: Section 2. (a) 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. The school district shall be under the government, management, and control of a board of education which shall consist of five members who shall be elected as provided in this section. (b) (1) One member of the board shall be elected by a majority of the voters voting from the city at large. The at-large member may reside anywhere within the school district. For the purpose of electing the remaining four members of the board, there shall be four education districts which shall be the same as the four wards for the election of councilmen of the City of Vidalia as provided in the Act creating a new charter for the City of Vidalia, approved April 8, 1968 (Ga. L. 1968, p. 3136), as amended, particularly by an Act approved March 18,
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1983 (Ga. L. 1983, p. 4362). One member of the board shall be elected from each of the four education districts. The member from each education district shall be elected by a majority of the voters voting within each respective district. A member elected to represent an education district shall be a resident of that district at the time of offering for election and shall remain a resident thereof during a term of office. The office of any member who, during a term of office, ceases to be a resident of the education district which the member was elected to represent shall be declared vacant by the remaining members of the board. All members of the board shall be at least 21 years of age at the time of taking office and shall be qualified voters of the City of Vidalia. (2) If any ward for the election of a Vidalia city councilman is reapportioned pursuant to the authority of O.C.G.A. 36-35-4.1 or by a local Act of the General Assembly, the reapportionment of the ward shall have the effect of reapportioning the corresponding education district, but no such reapportionment shall have the effect of shortening the term of office of any member of the board, and the election of a member from a reapportioned district shall be phased in as the regular term of office expires. (c) The first at-large member of the board of education and the first members from education districts 1 and 3 elected under this section shall be elected on the same date as the regular Vidalia city election held on the Tuesday following the first Monday in November in 1987. The members elected at said election shall take office on the first Monday in January, 1988, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected on the same date as the regular Vidalia city election which is held immediately preceding the expiration of terms of office and shall take office on the first Monday in January immediately following their election for terms of four years and until their successors are elected and qualified. For the period beginning on the first Monday in January, 1988, and ending on the first Monday in January, 1990, the board of education shall consist of the three members elected in 1987 under this subsection and the two members of the heretofore existing board of education whose regular terms of office expire on the first Monday in January, 1990.
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(d) The first members elected from education districts 2 and 4 under this section shall be elected on the same date as the regular Vidalia city election held on the Tuesday following the first Monday in November in 1989. The members elected at said election shall take office on the first Monday in January, 1990, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected on the same date as the regular Vidalia city election which is held immediately preceding the expiration of terms of office and shall take office on the first Monday in January immediately following their election for terms of four years and until their successors are elected and qualified. (e) All members of the board of education shall be nominated and elected in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code.' (f) If a vacancy occurs in the membership of the board because of death, resignation, removal from the education district, or for any other reason, the remaining members of the board shall appoint a qualified person to fill such vacancy for the remainder of the unexpired term. (g) The board shall annually elect one of its members as chairman of the board. Section 2A. The 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. The 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 school 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 of the board upon authorization by the board. Title to property known as the `First Steet School'
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shall, however, be vested in the school district and the City of Vidalia as tenants in common. Section 2. This Act shall be effective for the purpose of electing members of the Board of Education of the School District of the City of Vidalia as provided in quoted Section 2 of Section 1 of this Act upon its approval by the Governor or upon its otherwise becoming law. This Act shall be effective for all purposes on the first Monday in January, 1988. 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 1987 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; and for other purposes. 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 22, 1987. /s/ L. L. Pete Phillips Representative, 120th District Sworn to and subscribed before me, this 29th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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CITY OF GRIFFIN BOARD OF COMMISSIONERS; MEMBERSHIP; DISTRICTS; REAPPORTIONMENT. No. 227 (House Bill No. 495). AN ACT To amend an Act creating a new charter for the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, so as to change the number of members of the municipal governing body from five to seven and the manner of electing such members by providing for the election of six members from single-member districts apportioned on the basis of population and one member elected at large; to require apportionment of the city into six single-member election districts; to require reapportionment following publication of future decennial census figures or upon annexation of territory into the corporate limits of the municipality; to provide for procedures connected therewith; to conform the charter of the City of Griffin to the Consent Decree in Gary Reid, et al. v. Ruth Martin, et al. , Civil Action No. C-84-60N, U. S. District Court, N. D. Ga.; 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 Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. Corporate and Governing Authority. The municipal government of said city shall consist of a commission of seven citizens, who shall be known as the Board of Commissioners for the City of Griffin. Said commissioners shall be the legislative and governing authority of said city. 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. Qualification and Election of Commissioners. (a) Any person who is a citizen of this state,
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has attained the age of eighteen (18) years, and has at least twenty-four (24) months residency within the city election district for which such person is a candidate, shall be eligible to hold the office of commissioner; provided, however, no person who is not a registered voter or who has been convicted of a felony involving moral turpitude, unless that person's civil rights have been restored, or who is the holder of public funds illegally, shall be eligible to hold the office of commissioner. (b) Candidates for Districts 1, 2, 3, 4, 5 and 6 must reside within their respective city election district. Candidates for District 7 (At-Large) may reside in any election district of said city. (c) Only those registered voters residing within a numbered election district may vote for candidates from their correspondingly numbered district. All registered voters of the city may vote for candidates for District 7 (At-Large). (d) Elections for the office of commissioner shall be held and conducted by the municipal election superintendent in accordance with Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' The municipal general election shall be held on the first Tuesday following the first Monday in November of each year. 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. Districts Established; Apportionment of Election Districts Based Upon Population; Term of Office. (a) The board of commissioners shall by ordinance amend the charter of the City of Griffin pursuant to paragraph (1) of subsection (b) of Code Section 36-35-3 of the O.C.G.A. to apportion the city into six single-member election districts and one at-large district in accordance with the following specifications: (1) Each apportioned district shall be formed of contiguous territory, and the boundary line of such district shall be the centerlines of streets or other well-defined boundaries; and
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(2) Variations in population among such districts shall comply with the one-person/one-vote requirements of the United States Constitution. (b) The original apportionment into election districts shall correspond to the Consent Decree, entered April 14, 1986, in Gary Reid, et al. v. Ruth Martin, et al. , Civil Action No. C-84-60N, U. S. District Court, N. D. Ga. Following publication of any future decennial census, the board of commissioners shall reapportion districts pursuant to this section. If the annexation of additional territory to the corporate boundaries of the city has the effect of denying voters residing within the newly annexed territory the right to vote for members of the board of commissioners on substantially the same basis as the other voters of the city, the board of commissioners shall reapportion districts based upon the last decennial census, effective for the next regular municipal election following annexation. (c) Positions on the board of commissioners shall be numbered as Districts 1, 2, 3, 4, 5, 6 and 7 as follows: District 1. District 1 shall be that position presently held by Commissioner Ben J. Jackson and shall consist of the election district in which he resides, to-wit: BEGINNING at the intersection of North Hill Street and West Tinsley Street, North on Hill Street to Cherry Street, East on Cherry Street to North 6th Street, North on 6th Street to Cabin Creek Drive, East on Cabin Creek Drive to Pool Road, North on Pool Road to Blanton Street, East on Blanton Street to North 3rd Street, South on North 3rd Street to Tinsley Street, East on Tinsley Street to North 2nd Street, North on 2nd Street to City Limits, follow City Limits line until it reaches Experiment Street, South on Experiment Street to West Quilley Street, East on Quilley Street to North 12th Street, North on North 12th Street to West Cherry Street, East on Cherry Street to New 10th Street, South on New 10th Street to Davis Street, West on Davis Street to Palace Street, South on Palace Street to Quilley Street, East on Quilley to North 10th Street, North on 10th Street to West Tinsley Street, East on Tinsley Street to POINT OF BEGINNING.
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District 2. District 2 shall be that position presently held by Commissioner Raymond Head, Jr. and shall consist of the election district in which he resides, to-wit: BEGINNING at the intersection of Hill Street and Taylor Street, North on North Hill Street to Cherry Street, East on Cherry Street to North 6th Street, North on 6th Street to Cabin Creek Drive, East on Cabin Creek Drive to Pool Road, North on Pool Road to Blanton Street, East on Blanton Street to North 3rd Street, South on 3rd Street to Tinsley Street, East on Tinsley Street to 2nd Street, North on 2nd Street to City Limit Line, follow City Limit Line around to Arthur Bolton Parkway, follow Arthur Bolton Parkway to Memorial Drive, Memorial Drive to West Taylor Street, West Taylor Street to Hill Street and the POINT OF BEGINNING. District 3. District 3 shall be that position presently held by Commissioner Cecil L. Davis and shall consist of the election district in which he resides, to-wit: BEGINNING at the intersection of Hill Street and Taylor Street, East on Taylor Street to Memorial Drive, South on Memorial Drive to Arthur Bolton Parkway, Arthur Bolton Parkway to City Limit Line, follow City Limit Line to Maddox Road, Maddox Road North to Wesley Drive, Wesley Drive North and East to Maple Drive, Maple Drive North to Pine Valley Road, Pine Valley Road to Maple Drive, Maple Drive North to Crescent Road, Crescent Road West to South Hill Street, South Hill Street North to POINT OF BEGINNING. District 4. District 4 shall be that position presently held by Commissioner Douglas R. Taylor and shall consist of the election district in which he resides, to-wit: BEGINNING at the intersection of Hill Street and Taylor Street, South on Hill Street to Crescent Road, East on Crescent Road to Maple Drive, South on Maple Drive to Pine Valley Road, West on Pine Valley Road to Maple Drive, South on Maple Drive to Wesley Drive, West and South on Wesley Drive to Maddox Road, South on Maddox Road to City Limit Line, follow City Limit
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Line around to intersection of Cain Lane and Everee Inn Road, North on Everee Inn Road to Meriwether Street, East on Meriwether Street to West College Extension, North on West College Extension to Boyds Row, East on Boyds Row to South 15th Street, North on South 15th Street to Sunshine Drive, East on Sunshine Drive to Pimento Avenue, South on Pimento Avenue to railroad track, East along railroad track to West College Street, East on College Street to South 9th Street, North on South 9th Street to West Taylor Street, East on Taylor Street to Hill Street and the POINT OF BEGINNING. District 5. District 5 shall be that position presently held by Commissioner Larry Johnson and shall consist of the election district in which he resides, to-wit: BEGINNING at the intersection of South 9th Street and West Taylor Street, South on South 9th Street to West College Street, West on College Street to railroad track, West along railroad track to Pimento Avenue, North on Pimento Avenue to Sunshine Drive, West on Sunshine Drive to South 15th Street, South on South 15th Street to Boyds Row, West on Boyds Row to West College Extension, South on West College Extension to Meriwether Street, West on Meriwether Street to Everee Inn Road, South on Everee Inn Road to Cain Lane and City Limit Line, follow City Limit Line around to the Southern Railway track at School Street, West on School Street to Experiment Street, North on Experiment Street to Old Atlanta Road, North on Old Atlanta Road to Tower Street, West on Tower Street to North Expressway, South on North Expressway to West Taylor Street, East on West Taylor Street to South 9th Street and the POINT OF BEGINNING. District 6. District 6 shall be that position presently held by Commissioner Ernest H. Jones and shall consist of the election district in which he resides, to-wit: BEGINNING at the intersection of Hill Street and Taylor Street, West on West Taylor Street to North Expressway, North on North Expressway to Tower Street, East on Tower Street to Old Atlanta Road, South on
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Old Atlanta Road to Experiment Street, South on Experiment Street to School Street, from School Street follow railroad track to West Quilley, East on West Quilley Street to North 12th Street, North on North 12th Street to West Cherry Street, East on West Cherry Street to North 10th Street, South on North 10th Street to Davis Street, West on Davis Street to Palace Street, South on Palace Street to Quilley Street, East on Quilley Street to North 10th Street, North on 10th Street to West Tinsley Street, East on Tinsley Street to Hill Street, South on Hill Street to Taylor Street and the POINT OF BEGINNING. District 7. District 7 shall be that position presently held by Commissioner Roy L. Inman and shall consist of the city at large. (d) The commissioners serving at the time of the effective date of this section shall continue to serve for the terms of office for which they were elected. Thereafter, commissioners who are elected to the board shall serve a term of office for four years and until their successors are duly elected and qualified. Newly elected commissioners shall be sworn in at the first regular meeting in December following their election. Section 4. Said Act is further amended by striking Section 19 and inserting in its place a new Section 19 to read as follows: Section 19. Quorum for Commissioners' Meetings. Four commissioners shall be a quorum. Section 5. Said Act is further amended by striking Section 15 and inserting in its place a new Section 15 to read as follows: Section 15. Duties of Chairman . (a) The chairman shall preside at all meetings of the commissioners which he attends, unless he vacates the chair and calls on the chairman pro tempore. The chairman shall be entitled to vote on all questions, motions or matters brought before the commissioners for action. The chairman, (or in his absence, the chairman pro tempore, or in both their absences, the next most senior commissioner in his current term of service),
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and the city manager shall sign all orders, checks, and warrants for the payment of any monies out of the treasury of the city and shall execute on behalf of the city all contracts, deeds and other obligations. In the absence of the city manager, the chairman pro tempore, or in his absence the next most senior commissioner in his current term of service shall sign in the city manager's stead. (b) The board of commissioners, by the vote of at least four commissioners, may direct the chairman to sign such order, check, warrant, contract, deed, or other obligation, and upon such vote taken for that purpose, it shall be the duty of the chairman to sign the same. Section 6. It is the intention of the General Assembly to conform the charter of the City of Griffin to the terms and conditions set forth in the Consent Decree, entered April 14, 1986, in Gary Reid, et al. v. Ruth Martin, et al. , Civil Action No. C-84-60N, U. S. District Court, N. D. Ga., which agreement has governed elections for the Board of Commissioners of the City of Griffin since its date of entry. Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 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 regular 1987 Session of the General Assembly of Georgia a Bill to amend an Act creating a new Charter for the City of Griffin, approved July 21, 1921, (Ga. Laws 1921, p. 959), as amended, so as to change the number of members of the municipal governing body and the manner of electing such members by providing for the election of six members from single member districts apportioned on the basis of population and one member elected at-large; to require apportionment of the City into six single-member election districts; to require reapportionment following publication of future decennial census figures or upon annexation of territory into the corporate limits of the municipality; to provide for procedures
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connected therewith; to conform the Charter of the City to the Consent Decree in Gary Reid, et al v. Ruth Martin, et al, Civil Action No. C-84-60N, U.S. District Court, N.D. Ga.; to provide an effective date; to repeal conflicting laws; and for other purposes. This 12th day of January, 1987. Frank C. Schofield City Manager City of Griffin GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Suzi Johnson-Herbert, who, on oath, deposes and says that she is Representative from the 76th 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: January 14, 1987; January 21, 1987. /s/ Suzi Johnson-Herbert Representative, 76th District Sworn to and subscribed before me, this 30th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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SPALDING COUNTY TAX COMMISSIONER; COMPENSATION. No. 228 (House Bill No. 496). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Spalding County, approved February 16, 1950 (Ga. L. 1950, p. 2583), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2659), an Act approved April 5, 1971 (Ga. L. 1971, p. 3110), an Act approved February 25, 1977 (Ga. L. 1977, p. 2791), an Act approved April 11, 1979 (Ga. L. 1979, p. 4135), an Act approved April 6, 1981 (Ga. L. 1981, p. 4135), and an Act approved March 27, 1985 (Ga. L. 1985, p. 4345), so as to change the compensation of the tax commissioner of Spalding County; to provide for payment thereof; 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 consolidating the offices of tax receiver and tax collector of Spalding County, approved February 16, 1950 (Ga. L. 1950, p. 2583), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2659), an Act approved April 5, 1971 (Ga. L. 1971, p. 3110), an Act approved February 25, 1977 (Ga. L. 1977, p. 2791), an Act approved April 11, 1979 (Ga. L. 1979, p. 4135), an Act approved April 6, 1981 (Ga. L. 1981, p. 4135), and an Act approved March 27, 1985 (Ga. L. 1985, p. 4345), is amended by striking subsections (a) and (b) of Section 3 thereof in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows: (a) Effective July 1, 1987, the tax commissioner of Spalding County shall be paid a monthly salary at the annual rate of $30,100.00 and, in addition thereto, any supplemental salary or compensation authorized under any general law for payment to each tax commissioner in the State of Georgia who is authorized to act as an ex officio sheriff under Code
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Section 48-5-137 of the Official Code of Georgia Annotated, as such statutory law now exists or as it may hereafter be amended, all of which shall be in addition to the compensation authorized in subsection (c). (b) Said compensation shall be apportioned and payable for the remainder of 1987 at said annual rate and shall be payable for all subsequent years at said annual rate. Said compensation shall be payable in equal monthly installments on the last day of each month from the funds of Spalding 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia a bill to change the compensation of the Tax Commissioner of Spalding County, to repeal conflicting laws and for other purposes. This the 22nd day of December, 1986. Maureen C. Jackson Clerk of Spalding County Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Suzi Johnson-Herbert, who, on oath, deposes and says that she is Representative from the 76th 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: December 29, 1986. /s/ Suzi Johnson-Herbert Representative, 76th District
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Sworn to and subscribed before me, this 30th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. PULASKI COUNTY BOARD OF EDUCATION; ELECTIONS; REFERENDUM. No. 229 (House Bill No. 527). AN ACT To provide for the nonpartisan nomination and election of members of the Board of Education of Pulaski County upon the expiration of regular terms of office; to provide for the continued applicability of a constitutional amendment relating to the Board of Education of Pulaski County except as modified by this 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. The Board of Education of Pulaski County shall continue to be constituted as provided in the constitutional amendment relative to said board of education which was ratified at the general election of 1982 and which is set forth in Resolution Act No. 181; House Resolution No. 816 of the 1982 regular session of the General Assembly of Georgia (Ga. L. 1982, p. 2664-2669). However, beginning in 1990, successors to members of said board of education shall be nominated and elected in nonpartisan primaries and elections as their regular terms of office expire as provided in this Act.
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Section 2. (a) The first members nominated and elected in nonpartisan primaries and elections from education districts 3, 4, and 7 shall be nominated and elected in 1990 and shall take office on the first day of January, 1991, for terms of six years and until their successors are elected and qualified. (b) The first members nominated and elected in nonpartisan primaries and elections from education districts 2, 5, and 6 shall be nominated and elected in 1992 and shall take office on the first day of January, 1993, for terms of six years and until their successors are elected and qualified. (c) The first member nominated and elected in nonpartisan primaries and elections from education district 1 shall be nominated and elected in 1994 and shall take office on the first day of January, 1995, for a term of six years and until a successor is elected and qualified. (d) Successors to the members of the Board of Education of Pulaski County nominated and elected under subsections (a), (b), and (c) of this section and future successors shall be nominated and elected at nonpartisan primaries and elections held immediately preceding the expiration of their respective terms of office, as provided in Section 3 of this Act, 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 3. The nonpartisan primaries and elections provided for in Section 2 of this Act shall be held on the same dates as the general state-wide primary and election conducted immediately prior to the expiration of the respective terms of office. Except for being elected from the education districts described in the constitutional amendment referred to in Section 1 of this Act, each member of the board of education 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. Section 4. Except for the nonpartisan nomination and election of members of the Board of Education of Pulaski County
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as provided in this Act, the provisions of the constitutional amendment referred to in Section 1 of this Act shall continue in force and effect and shall continue to be applicable to the Board of Education of Pulaski County and to the election of the members thereof. Section 5. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Pulaski County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Pulaski County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the general election in 1988 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 Pulaski County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the nonpartisan nomination and election of members of the Board of Education of Pulaski County as regular terms of office expire? 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 Pulaski 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.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to permit the election of the members of the Board of Education of Pulaski County upon a non-partisan basis; and for other purposes. This 8th day of January, 1987. Newt Hudson, Representative District #117 STATE OF GEORGIA COUNTY OF Pulaski AFFIDAVIT OF PUBLISHER Personally appeared before me, the undersigned officer, duly authorized to administer oath in said State and County, Charlie R. Southerland, Jr., who, having been duly sworn, deposes and says on oath that he is publisher of Hawkinsville Dispatch News, that, as such, he is authorized to make this Affidavit, and that the attached notice was published in the Hawkinsville Dispatch News, a local newspaper of general circulation in Hawkinsville, Pulaski County, Georgia, on January 14, 1987. This 29 day of January, 1987. /s/ Charlie Southerland Sworn to and subscribed before me this 29 day of January, 1987. /s/ Bernice F. Southerland Notary Public My Commission Expires: 6/11/88 (SEAL) Approved March 19, 1987.
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HALL COUNTY BOARD OF ELECTIONS; CREATION. No. 230 (House Bill No. 545). AN ACT To provide for the board of elections of Hall County; to provide for the rights, powers, duties, and authority of the board; to provide for appointment and terms of members; to provide for a chairman and executive secretary; to provide for qualifications; to provide for appointment procedures; to provide for vacancies; to provide for resignation or removal of members; to provide for certain oaths and privileges; to provide for offices, assistants, and employees; to provide for definitions; to provide for continuation of members in office on June 30, 1987; to provide that the board created by this Act shall be the successor to the immediately preceding board of elections of Hall 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. There is created the board of elections of Hall County which shall have jurisdiction over the conduct of primaries and elections in Hall County in accordance with the provisions of this Act. Section 2. The board of elections of Hall County shall be composed of three members, each of whom shall be an elector and resident of the county and who shall be selected in the following manner: (1) One member shall be appointed by the board of commissioners and the appointee shall be a member of the political party which received the highest number of votes within the county for its candidate for President in the general election immediately preceding the appointment of the member; (2) One member shall be appointed by the board of commissioners and the appointee shall be a member of the political
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party which received the second highest number of votes within the county for its candidate for President in the general election immediately preceding the appointment of the member; and (3) One member shall be appointed by the board of commissioners and the appointee shall not be an officer or a member of the executive committee of any political party at the time of such member's appointment or at any time during such member's term of office as a member of the board of elections. Section 3. The members of the board of elections shall appoint one of the members of the board to serve as chairman of the board. Section 4. The chief registrar of the county shall be designated executive secretary of the board of elections and shall perform such duties as may be specified by the board. The executive secretary shall not be a voting member of the board. Section 5. Each member of the board shall be appointed for a term of four years and until his successor is appointed and qualified. Each member of the board shall take office on January 1 of the year immediately following the year in which such member was appointed. Section 6. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office and the position of any member shall be deemed vacant upon such member's qualifying as a candidate for elective public office. Section 7. The appointment of each member shall be made by the board of commissioners filing an affidavit with the clerk of the superior court no later than 30 days preceding the date at 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. 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 member to the Secretary of State and shall provide for the issuance of appropriate commissions to the members
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and chairman, within the same time and in the same manner as provided by law for registrars. In the event the board of commissioners fails: (1) to make a regular appointment within the times specified in this section and in Section 2; or (2) to make an interim appointment 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 senior judge of the Superior Court of Hall County. Section 8. Each member of the board shall serve until his successor is appointed and qualified, except in the event of resignation or removal as provided in this Act, and shall: (1) be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the board of commissioners and to the clerk of the superior court; and (2) shall 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 provided for removal of registrars. Section 9. In the event a vacancy occurs in the office of any member before the expiration of his term, by removal, death, resignation, or otherwise, the board of commissioners shall appoint a successor to serve the remainder of the unexpired term. In the event a vacancy occurs in the office of the executive secretary by reason of the death of the executive secretary or his removal or resignation as chief registrar, the office of executive secretary shall be filled by the person succeeding to the office of chief registrar. The clerk of the superior court shall be notified of interim appointments or elections and changes in the office of the executive secretary and record and certify such appointments or elections and changes in the same manner as the regular appointment or election of members and designation of the executive secretary. Section 10. Before entering upon his duties, each member shall take substantially the same oath as is required by law for registrars and shall have the same privileges from arrest. Section 11. The board of elections shall: (1) With regard to the preparation for conduct and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the judge of
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the probate court pursuant to Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as the same now exists or may hereafter be amended, or any other provision of law, or both. (2) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and incumbent upon the judge of the probate court by Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as the same now exists or may hereafter be amended. Section 12. The board shall be responsible for the selection, appointment, and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists provided the board by the county executive committee of each political party. Section 13. The chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes, directives governing the executions of matters within its jurisdiction. Section 14. Compensation for the members of the board of elections, clerical assistants, and other employees shall be such as may be fixed by the governing authority of the county. Said compensation shall be paid wholly from county funds. Section 15. The board of commissioners of Hall County shall provide the board of elections with such proper and suitable offices and with such clerical assistants and other employees as the board of commissioners shall deem appropriate. Section 16. The words election, elector, political party, primary, public office, special election, and special primary shall have the same meanings ascribed to those words by Chapter 2 of Title 21 of the O.C.G.A., as the same now exists or may hereafter be amended, unless otherwise clearly apparent from the text of this Act.
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Section 17. The members of the board of elections of Hall County in office on June 30, 1987, shall continue to serve the remainder of the terms to which they were appointed. Thereafter, all members of the board shall be appointed as provided for in this Act. The board of elections of Hall County created by this Act shall be the successor to all the rights, powers, duties, and obligations of the immediately preceding board of elections of Hall County and shall be subject to all constitutional and statutory provisions relating to county boards of elections. Section 18. This Act shall become effective on July 1, 1987. 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 1987 session of the General Assembly of Georgia a bill to provide for the board of elections of Hall County to provide for the rights, powers, duties, and authority of the board to provide for appointment and terms of members to provide for a chairman and executive secretary, to provide for qualifications, to provide for appointment procedures, to provide for vacancies, to provide for resignation or removal of members, to provide for certain oaths and privileges, to provide for offices, assistants, and employees, to provide for definitions, to provide for continuation of members in office on June 30, 1987, to provide that the board created by this Act shall be the successor to the immediately preceding board of elections of Hall County, to provide for other matters relative to the foregoing, to provide an effective date, and for other purposes. This 29th day of January, 1987. Jackson 9th Lawson 9th Wood 9th Deal 49th GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Lawson, who, on
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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 30, 1987. /s/ Bobby Lawson Representative, 9th District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. EFFINGHAM COUNTY STATE COURT; JUDGE; SALARY. No. 231 (House Bill No. 548). AN ACT To amend an Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4866), so as to change the salary 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 creating the State Court of Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended,
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particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4866), 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 judge of said court shall receive a salary of $13,200.00 per year which shall be paid monthly by the treasurer of Effingham County; and it shall be the duty of the board of county commissioners of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation but may practice law in any court except his own. Section 2. This Act shall become effective April 1, 1987, except that if this Act is approved by the Governor or becomes law without such approval later than April 1, 1987, then this Act shall become effective on the first day of the month following the month in which it becomes 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 hereby given that there will be introduced in the 1987 session of the General Assembly of Georgia a bill affecting the compensation of the Judge of State Court of Effingham County, Georgia. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George A. Chance, 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 Herald which is the official organ of Effingham County, on the following date: January 14, 1987. /s/ George A. Chance, Jr. Representative, 129th District
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Sworn to and subscribed before me, this 27th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. EFFINGHAM COUNTY STATE COURT; SOLICITOR; SALARY. No. 232 (House Bill No. 549). AN ACT To amend an Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4866), so as to change the salary 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 Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4866), is amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A to read as follows: Section 4A. The solicitor of said court shall receive a salary of $10,800.00 per annum which shall be payable in equal monthly installments from the funds of Effingham County; and it shall be the duty of the board of commissioners
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of said county to make provision annually in levying taxes for this purpose. In addition, he shall receive reimbursement for all expenses incurred by him in the prosecution before appellate courts of cases originating in the State Court of Effingham County. Said salary and expenses shall be in lieu of all fees allowed by law. Said solicitor shall receive no other compensation for his services and may practice law in any court with the exception of representing defendants in criminal cases in the State Court of Effingham County, Georgia. Section 2. This Act shall become effective April 1, 1987, except that if this Act is approved by the Governor or becomes law without such approval later than April 1, 1987, then this Act shall become effective on the first day of the month following the month in which it becomes 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 hereby given that there will be introduced in the 1987 session of the General Assembly of Georgia a bill affecting the compensation of the Solicitor of State Court of Effingham County, Georgia. 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 Herald which is the official organ of Effingham County, on the following date: January 14, 1987. /s/ George A. Chance, Jr. Representative, 129th District
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Sworn to and subscribed before me, this 27th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. HEARD COUNTY TAX COMMISSIONER; DEPUTIES, CLERKS, ASSISTANTS, AND EMPLOYEES; CHIEF DEPUTY; VACANCIES. No. 233 (House Bill No. 554). AN ACT To amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commissioner of Heard County, approved April 17, 1929 (Ga. L. 1929, p. 638), as amended, so as to change the provisions relating to employment of a part-time clerk; to provide for the specific repeal of parts of certain laws; to provide for deputies, clerks, assistants, or other employees; to provide for duties, assignments, and compensation; to provide for appointment and duties of a chief deputy; to provide that the chief deputy shall assume the duties of tax commissioner in certain cases of absence or vacancy; 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 consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commissioner of Heard County, approved April 17, 1929 (Ga. L. 1929, p. 638), as amended, is amended by striking in its entirety subsection (c) of Section 10, which reads as follows:
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(c) The tax commissioner may employ one part-time clerk to assist him in the performance of his duties. The clerk shall be employed, supervised, and terminated by the tax commissioner in his sole discretion. The clerk shall be paid from funds of Heard County in periodic equal installments as determined by the tax commissioner. The compensation of the clerk shall be determined by the governing authority of Heard County upon the recommendation of the tax commissioner. Section 2. Said Act is further amended by repealing Sections 5 and 6, which read as follows: Sec. 5. If a vacancy, for any cause, occurs in said office of tax-commissioner it shall be filled in the following manner: (a) If said vacancy occurs within six months of the expiration of the existing term, the board of commissioners of roads and revenues of Heard County, Georgia, shall appoint some qualified person to discharge the duties of said consolidated office for the remainder of the term, and the person so appointed shall be commissioned and qualified as tax-receiver and tax-collector, and shall receive the pro rata part of the compensation accruing to said office of the time so appointed. (b) If said vacancy occurs more than six months prior to the expiration of the existing term the board of commissioners of roads and revenues of Heard County shall appoint some qualified person to discharge the duties of said consolidated office until a tax-commissioner is elected, and it shall be the duty of the ordinary of Heard County to call a special election for the election of a tax-commissioner to serve the remainder of said term, which election shall be ordered not sooner than twenty (20) days and not later than forty (40) days after said vacancy occurs, and the ordinary shall give notice of the date of said election by publication thereof in a public gazette published in Heard County and before the court-house door of said county at least ten (10) days before said election. The person elected on said day shall perform the duties of said consolidated office for the unexpired term of his predecessor. The return of said election shall be made to the Governor, who shall commission the person so elected.
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The person so temporarily appointed and the person so elected shall each receive his pro rata part of the compensation accruing to said office of the time he serves. Sec. 6. Should any two or more candidates at an election to fill said vacancy, or at any regular election, have the highest and an equal number of votes, said ordinary shall call and advertise another election within twenty days, in the manner above provided, and so do until a choice is made., in their entirety. Section 3. Said Act is further amended by adding three new sections immediately following Section 10, to be designated Sections 10A, 10B, and 10C, respectively, to read as follows: Section 10A. (a) The tax commissioner is authorized to appoint a deputy to assist the tax commissioner in the performance of the tax commissioner's duties. Such deputy shall receive an annual salary to be fixed by the governing authority of Heard County, but which shall not be less than $10,000.00 per annum, payable in equal monthly installments from the funds of Heard County. (b) The tax commissioner is authorized to employ such additional part-time personnel to assist the tax commissioner in discharging the official duties of the tax commissioner's office as he shall deem proper. Such personnel's compensation shall be fixed by the governing authority of Heard County and shall be paid from county funds. (c) It shall be within the sole power and authority of the tax commissioner, during the tax commissioner's 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 the tax commissioner's sole discretion. Section 10B. (a) The tax commissioner shall be authorized to appoint from among the assistants or deputies in the tax commissioner's office a chief deputy. Upon making the appointment, the tax commissioner shall notify the county governing authority, which shall record a copy of the appointment upon its minutes. The tax commissioner shall appoint the chief deputy at the tax commissioner's will
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and pleasure, such appointment in no event to extend beyond the term of office of the person making the appointment. In the absence of the tax commissioner, the chief deputy shall be authorized to act on behalf of the tax commissioner in all matters pertaining to such office. (b) If the person appointed as chief deputy resigns, if the appointment is revoked, or if for any other reason the appointment is vacant, the tax commissioner may appoint a new chief deputy and shall notify the county governing authority of the new appointment. The county governing authority shall record a copy of the new appointment upon its minutes. Section 10C. (a) If a vacancy occurs in the office of tax commissioner within six months of the expiration of the existing term, the person appointed as chief deputy by the tax commissioner and certified to the county governing authority shall assume the duties of the office of tax commissioner and shall serve for the balance of the existing term, provided that the chief deputy meets the qualifications for the office of tax commissioner. If the chief deputy does not meet such qualifications, then a special election shall be held in the same manner as provided in subsection (b) of this section. The chief deputy shall be commissioned and qualified as tax commissioner and shall receive the pro rata part of the compensation accruing to such office for the remainder of the existing term. (b) If a vacancy occurs in the office of tax commissioner more than six months prior to the expiration of the existing term, the person appointed as chief deputy by the tax commissioner and certified to the county governing authority shall assume the duties of the office of tax commissioner until a tax commissioner is elected as provided in this subsection. Such vacancy shall be filled by a special election held in the manner provided for in Chapter 2 of Title 21 of the O.C.G.A. The person elected to fill such vacancy shall serve for the remainder of the existing term of office, shall be commissioned and qualified, and shall receive the pro rata part of the compensation accruing to such office for the remainder of the existing term. Section 4. All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commissioner of Heard County, approved April 17, 1929 (Ga. L. 1929, p. 638), as amended; and for other purposes. This 12th day of January, 1987. s/J. Crawford Ware Honorable J. 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 28, 1987. /s/ J. Crawford Ware Representative, 77th District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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MERIWETHER COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 234 (House Bill No. 567). AN ACT To amend an Act creating the Board of Commissioners of Meriwether County, approved December 14, 1871 (Ga. L. 1871-72, p. 230), as amended, so as to repeal certain provisions relating to the compensation of the chairman and members of the board of commissioners; to provide for legislative intent; 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 Meriwether County, approved December 14, 1871 (Ga. L. 1871-72, p. 230), as amended, is amended by striking Section 2, which reads as follows: Section 2. Be it further enacted, that said commissioners shall receive the sum of three ($3.00) dollars per day each while actually engaged in business for the county, same to be paid by the county treasurer, and not to exceed the total sum of one hundred eighty ($180.00) dollars per annum, each. Provided, however, that the chairman of said board shall receive in the aggregate more than three hundred ($300.00) dollars per annum., in its entirety. Section 2. It is the intent of this Act to repeal certain provisions of an Act creating the Board of Commissioners of Meriwether County, approved December 14, 1871 (Ga. L. 1871-72, p. 230), as amended, so that the compensation and expenses of the chairman and members of the Board of Commissioners of Meriwether County shall be as provided for in an Act providing for the compensation of the chairman and members of the Board of Commissioners of Meriwether County, approved February 25, 1949 (Ga. L. 1949, p. 1947), as amended.
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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 1987 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Meriwether County, approved December 14, 1871 (Ga. L. 1871-72, p. 230), as amended; and for other purposes. This 27th day of January, 1987. Claude A. Bray, Jr. Representative, 91st District 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 Meriwether Vindicator which is the official organ of Meriwether County, on the following date: January 30, 1987. /s/ Claude A. Bray, Jr. Representative, 91st District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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MERIWETHER COUNTY BOARD OF COMMISSIONERS; COMPENSATION; EXPENSES. No. 235 (House Bill No. 568). AN ACT To amend an Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, approved February 25, 1949 (Ga. L. 1949, p. 1947), as amended, so as to change the maximum compensation of the chairman and members of the board of commissioners of Meriwether County; to provide for certain 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 providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, approved February 25, 1949 (Ga. L. 1949, p. 1947), as amended, is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The compensation of the chairman of the board of commissioners of Meriwether County shall be fixed by the board of commissioners at not more than $500.00 per month. In addition to the compensation provided for in this section, the chairman shall, upon prior approval of the board of commissioners, be reimbursed for actual expenses incurred in the performance of his duties outside of Meriwether County as chairman of the board of commissioners. Such expenses shall not be reimbursed without proper receipts. Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The compensation of the members, other than the chairman, of the board of commissioners of Meriwether
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County shall be fixed by the board of commissioners at not more than $400.00 per month. In addition to the compensation provided for in this section, each member of the board of commissioners shall, upon prior approval of the board of commissioners, be reimbursed for actual expenses incurred in the performance of his duties outside of Meriwether County as a member of the board of commissioners. Such expenses shall not be reimbursed without proper receipts. 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 1987 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, approved February 25, 1949 (Ga. L. 1949, p. 1947), as amended; and for other purposes. This 27th day of January, 1987. Claude A. Bray, Jr. Representative, 91st District 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 Meriwether Vindicator which is the official organ of Meriwether County, on the following date: January 30, 1987. /s/ Claude A. Bray, Jr. Representative, 91st District
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Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. PULASKI COUNTY SCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 236 (House Bill No. 569). AN ACT To provide for the appointment of the school superintendent of Pulaski County by the Board of Education of Pulaski County; to provide for other matters relative thereto; to provide for a referendum and for alternatives relative to the effective date of the appointive power of said board of education; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. (a) The school superintendent of the Pulaski County school system elected at the general election of 1984 shall serve until the expiration of the term for which elected on December 31, 1988. There shall be no election in 1988 for school superintendent of Pulaski County and effective January 1, 1989, the county school superintendent shall be appointed by the Board of Education of Pulaski County. A county school superintendent appointed by the board of education shall be appointed for a term of office contractually agreed upon by the
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board of education and the superintendent but not exceeding four years. No contract with a county school superintendent shall prohibit the removal of the superintendent from office during a term of office in any manner provided by law for such removal, and any such contract may provide one or more additional methods for such removal for cause during a term of office. (b) In the event the office of school superintendent of the Pulaski County school system becomes vacant for any reason prior to December 31, 1988, a successor shall be appointed by the Board of Education of Pulaski County in the manner provided by subsection (a) of this section. Part 2 Section 2 . (a) The school superintendent of the Pulaski County school system elected at the general election of 1988 shall serve until the expiration of the term for which elected on December 31, 1992. There shall be no election in 1992 for school superintendent of Pulaski County and effective January 1, 1993, the county school superintendent shall be appointed by the Board of Education of Pulaski County. A county school superintendent appointed by the board of education shall be appointed for a term of office contractually agreed upon by the board of education and the superintendent but not exceeding four years. No contract with a county school superintendent shall prohibit the removal of the superintendent from office during a term of office in any manner provided by law for such removal, and any such contract may provide one or more additional methods for such removal for cause during a term of office. (b) In the event the office of school superintendent of the Pulaski County school system becomes vacant for any reason prior to December 31, 1992, a successor shall be appointed by the Board of Education of Pulaski County in the manner provided by subsection (a) of this section. Part 3 Section 3 . It shall be the duty of the election superintendent of Pulaski County to issue the call for an election for the purpose
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of submitting this Act to the electors of the Pulaski County school district for approval or rejection. The superintendent shall set the date of such election for the same date as any other special election which is held within the Pulaski County school district at any time after April 30, 1987, and before May 1, 1988. If no other such special election is held during such period of time, the superintendent shall set the date of the special election for the same date as the general election of 1988. The superintendent shall issue the call for such special election at least 30 but not more than 45 days prior to the date of the special 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 Pulaski County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the appointment of the school superintendent of Pulaski County by the Board of Education of Pulaski 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 as provided in Section 4 of this Act; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Pulaski 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 . If the referendum provided for by Section 3 of this Act is held prior to May 1, 1988, as authorized by said Section 3, and this Act is approved at said referendum, Part 1 of this Act shall be of full force and effect. If such referendum is not held until the date of the 1988 general election, as authorized by Section 3 of this Act, and if this Act is approved at said referendum, Part 2 of this Act shall be of full force and effect.
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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 1987 session of the General Assembly of Georgia a bill o permit the appointment of the Superintendent by the members of the Board of Education of Pulaski County; and for other purposes. This 8th day of January, 1987. Newt Hudson, Representative District #117 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Newt Hudson, who, on 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 14, 1987. /s/ Newt Hudson Representative, 117th District Sworn to and subscribed before me, this 3rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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COLUMBIA COUNTY HOMESTEAD EXEMPTION FROM COLUMBIA COUNTY SCHOOL DISTRICT TAXATION; REFERENDUM. No. 237 (House Bill No. 578). AN ACT To provide that certain property in the homestead of each resident of Columbia County who is 65 years of age or older and who has less than $12,000.00 per year of specified income shall be entirely exempt from Columbia 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 Columbia County who is 65 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 Columbia County School District ad valorem 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) The exemptions granted by this Act shall apply only to ad valorem taxes levied for the support of the Columbia County School District, including but not limited to taxes levied to retire bonded indebtedness of the school district.
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(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 administered and granted in the same manner as the exemption granted pursuant to Code Section 48-5-52; provided, however, that if in any given year the owner of the homestead or any member of the owner's family residing within the homestead is required to file an income tax return with the Internal Revenue Service, the owner of the homestead shall be required to file with the tax receiver or tax commissioner a copy of any income tax return so filed by the owner or any member of the owner's family residing within the homestead. Any person who fails to file a copy of the income tax return as required in this subsection shall not be eligible for the homestead exemption provided for in this Act in the year immediately following the year in which the copy of the income tax return was not filed. 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. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Columbia County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Columbia County for approval or rejection. The election superintendent shall conduct that election on the date of the Presidential Preference Primary on March 8, 1988, 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 Columbia County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that certain property in the homestead of each resident of Columbia County who is 65 years of age or older and who has less than $12,000.00 per year of specified income shall be entirely exempt from Columbia County School District ad valorem taxation?
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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 Columbia 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to provide that certain property in the homestead of each resident of Columbia County who is 65 years of age or older and who has less than $12,000.00 per year of specified income shall be entirely exempt from Columbia County School District ad valorem taxation; and for other purposes. This 19th day of January, 1987. Honorable William S. Jackson Representative, 83rd District STATE OF GEORGIA COUNTY OF COLUMBIA PERSONALLY appeared Philip Blanchard, who being duly sworn says that he is Editor of The News-Times a weekly newspaper in Martinez, Georgia, and that the advertisement Notice to Introduce Legislation; 65 years and older, ad valorem tax exemption duly appeared in said newspaper on the following dates: Jan. 21, 1987 /s/ Philip Blanchard
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Sworn to and subscribed before me this 2 day of February 1987. /s/ JoAnn Williams Notary Public, Georgia, State at Large My Commission Expires October 18, 1988 (SEAL) Approved March 19, 1987. COLUMBIA COUNTY BOARD OF EDUCATION; ELECTIONS; REFERENDUM. No. 238 (House Bill No. 579). AN ACT To amend an Act providing for the election of members of the board of education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, so as to provide that the members of said board of education shall be elected on a nonpartisan basis; to provide for applicability; to provide for procedures relative to the nomination and qualification of candidates for said board of education; to provide the form of ballots; 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 providing for the election of members of the board of education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, is amended by striking in its entirety paragraph (3) of subsection (b) of Section 2 and inserting in lieu thereof a new paragraph (3) to read as follows: (3) (A) Candidates elected to the board at the general election in 1984 shall take office on the first day of January
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following their election. The two candidates elected to the board who receive the least number of votes shall serve for a term of two years, the remaining three candidates elected to the board shall serve for a term of four years, and all shall serve until their successors are duly elected and qualified. (B) (i) Successors to the members of the board of education elected to four-year terms at the general election held in 1984 shall be nominated in a nonpartisan primary and elected in a nonpartisan election to be held and conducted at the same times as the general primary and the general election in 1988. They 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. Thereafter, future successors shall be elected at the nonpartisan primary and election held at the same times as the general primary and election immediately preceding the expiration of their 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. (ii) Successors to the members of the board of education elected at the general election held in 1986 shall be nominated in a nonpartisan primary and elected in a nonpartisan election to be held and conducted at the same times as the general primary and the general election in 1990. They 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. Thereafter, future successors shall be elected at the nonpartisan primary and election held at the same times as the general primary and election immediately preceding the expiration of their 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 2 . Said Act is further amended by striking in its entirety paragraph (4) of subsection (b) of Section 2 and inserting in lieu thereof a new paragraph (4) to read as follows:
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(4) In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district from which he offers as a candidate. Section 3. 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. Except for the members of the board of education being elected from education districts comprising only a portion of Columbia County as provided in Section 2 of this Act, each member of the board of education shall be nominated and elected at said nonpartisan primaries and elections as provided in Code Section 21-2-284.1 and other 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 Columbia County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Columbia County School District for approval or rejection. The election superintendent shall conduct that election on the date of the Presidential Preference Primary on March 8, 1988, 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 Columbia County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act which provides that the members of the board of education of Columbia County shall be elected in nonpartisan elections 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.
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The expense of such election shall be borne by Columbia 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 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 1987 session of the General Assembly of Georgia a bill to amend an Act providing for the election of members of the board of education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2706), as amended; and for other purposes. This 19th day of January, 1987. Honorable William S. Jackson Representative, 83rd District STATE OF GEORGIA COUNTY OF COLUMBIA PERSONALLY appeared Philip Blanchard, who being duly sworn says that he is Editor of The News-Times a weekly newspaper in Martinez, Georgia, and that the advertisement Notice of Intention to Introduce Local Legislation; bill to amend Act providing for election of members of Board of Education duly appeared in said newspaper on the following dates: /s/ Philip Blanchard Sworn to and subscribed before me this 2 day of February 1987. /s/ JoAnn Williams Notary Public, Georgia, State at Large My Commission Expires October 18, 1988 (SEAL) Approved March 19, 1987.
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JEFFERSON COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 239 (House Bill No. 581). AN ACT To provide for the collection of additional costs in cases before the Magistrate Court of Jefferson 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 provide a limitation upon the authority to collect 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 Jefferson County shall be made for the benefit of the Jefferson County Law Library. The amount of such fees shall not exceed $2.00. The amount of such fees shall be determined by the chief judge of the Superior Court of Jefferson County. (b) The clerk of the Magistrate Court of Jefferson 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. (c) Law library fees may be collected as provided in subsection (a) and (b) of this section only if the filing deposit charged under subsection (a) of Code Section 15-10-80 of the O.C.G.A. does not exceed $18.00; and upon any increase of such deposit above $18.00 the authority to collect law library fees shall terminate. 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 1987 session of the General Assembly of Georgia a bill to provide
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for the collection of additional costs in cases before the Magistrate Court of Jefferson 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 20th day of January, 1987. E. E. Bargeron Rep. 108th District 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 and Wadley Herald which is the official organ of Jefferson County, on the following date: January 22, 1987. /s/ Emory E. Bargeron Representative, 108th District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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CITY OF ROME BOARD OF EDUCATION; MEMBERSHIP; QUALIFICATIONS; VACANCIES; ELECTIONS; TERMS. No. 240 (House Bill No. 621). AN ACT To amend an Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, so as to provide for an additional member of the board of education; to provide for qualifications for election to the board of education; to provide for filling vacancies; to provide for the election of all members of the board of education; to provide for terms of office; 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 creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, is amended by striking Section 84 in its entirety and inserting in lieu thereof a new Section 84 to read as follows: Section 84. (a) Effective on the first Monday in January, 1988, the board of education shall consist of seven members. All members of the board of education, including the seventh member, shall be elected at large from the City of Rome. The members of the board at the time of their election and during their continuance in office shall be bona fide residents and citizens of the City of Rome and must at the time of their qualification for election have been registered voters of the City of Rome for at least 90 days prior to their qualification for election. Two current board members have tendered resignations from the board effective December 31, 1987. An election will be held on the Tuesday following the first Monday in November, 1987, to fill said vacancies. The term of office of those being elected to fill said vacancies shall expire on December 31, 1991, or until the election and qualification of successors. The remaining four members of the board of education shall continue to serve for the remainder of their unexpired terms unless otherwise removed from
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office. Successors for the said four positions shall be elected on the Tuesday following the first Monday in November, 1988, for terms which shall expire on December 31, 1993, or until the election and qualification of successors. A vacancy or vacancies in the board of education caused by death, resignation, removal, disqualification, or otherwise, other than a vacancy as specifically detailed in this section, shall be filled by a person elected by a majority vote of the remaining members of the board and the person so appointed shall remain in office only until the vacancy can be filled during a regularly scheduled election for the school board, at which time the remainder of the term shall be filled by election. (b) At the 1987 election, successors to members of the board who resigned as detailed in this section and a new seventh member shall be elected. The candidates receiving the greatest number of votes cast shall be elected. In subsequent elections or in the event of an election to fill a vacancy, the candidates receiving the greatest number of votes shall be elected. (c) After the initial elections held in 1987 and 1988, the members of the board shall be elected for terms of four years thereafter, or until their successors are duly elected and qualified. Subsequent elections shall be held on the first Tuesday in November of each odd-numbered year. The board members shall serve and hold office for terms of four years from the first Monday of January of the year following the election. 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 1987 Session of the General Assembly of Georgia a Bill to amend the Charter of the City of Rome (Georgia Law 1918, pages 813FF as amended); to provide for a change in the election procedures from members of the Board of Education; to repeal conflicting provisions; for other purposes.
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This 13th day of January, 1987. PAUL SMITH, Representative, 16th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Smith, who, on oath, deposes and says that he is Representative from the 16th 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 16, 1987, January 23, 1987, January 30, 1987. /s/ Paul E. Smith Representative, 16th District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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CLARKE COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 241 (House Bill No. 627). AN ACT To provide that vehicles shall be registered and licensed to operate in Clarke 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 as to the effectiveness of the foregoing; to provide for related matters; to provide for effective dates and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1 of the first year following the effective date of this section, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clarke 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 Clarke County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Clarke County for approval or rejection. Unless the election is held as provided in the following sentence, the election superintendent shall conduct that election on the date of the November, 1988, general election. If there is held in calendar year 1987 in Clarke County a county-wide election, the election superintendent shall, if possible in conformity with state and federal law, conduct the election provided for in this section on the date of and in conjunction with such other election. At least 30 days shall intervene between the date the election provided for in this section 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
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Clarke County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing that effective January 1 of the following year vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clarke County during designated registration periods 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 effective immediately; otherwise Section 1 of this Act shall be void. The expense of such election shall be borne by Clarke County. The election superintendent of Clarke County shall hold and conduct the election and 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 1987 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 Clarke County during designated registration periods; and for other purposes. Nancy Denson Tax Commissioner Clarke County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lawton Evans Stephens, 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
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Observer which is the official organ of Clarke County, on the following date: January 29, 1987. /s/ Lawton Evans Stephens Representative, 68th District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. MUNICIPAL COURT OF COLUMBUS, GEORGIA CLERK; MARSHAL; COMPENSATION; FEES AND COSTS. No. 242 (House Bill No. 628). AN ACT To amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4443) and an Act approved March 21, 1984 (Ga. L. 1984, p. 4491), so as to change the compensation of the clerk and marshal of the municipal court; to change fees and costs and the provisions relating 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. An Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4443) and an Act approved March 21,
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1984 (Ga. L. 1984, p. 4491), is amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows: Section 11. The salary of the clerk of the said court shall be $25,500.00 per annum and shall be paid in equal monthly installments from the funds of Columbus, Georgia. Any sum received by said clerk in the form of fees or salary for serving as clerk of the Magistrate Court of Muscogee County shall be included in and credited toward said clerk's salary so that the clerk will receive no additional compensation. Section 2. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows: Section 12. The salary of the marshal of said court shall be $25,500.00 per annum and shall be paid in equal monthly installments from the funds of Muscogee County and Columbus, Georgia. The marshal shall also receive a maintenance allowance of not less than $528.00 per annum for the purpose of maintaining the marshal's automobile properly to conduct the business of said court. Said maintenance allowance as fixed by the governing authority of Muscogee County and Columbus, Georgia, shall be paid to the marshal in equal monthly installments from the funds of Muscogee County. Any sum received by said marshal in the form of fees or salary for serving in any capacity in Magistrate Court of Muscogee County shall be included in and credited toward said marshal's salary so that the marshal will receive no additional compensation. Section 3. Said Act is further amended by striking paragraphs (1), (4), (9), (12), (24), (26), (30), (36), and (67) of Section 36 in their entirety and inserting in lieu thereof the following: (1) For filing and docketing each case 6.00 (4) For affidavit and bond to obtain attachment and issuing the same 7.70 (9) For trial of each litigated case without jury 10.00 (12) For affidavit to obtain possessory warrant, making out, and issuing same 6.25 (24) For issuing rules to establish lost papers 3.00 (26) For affidavit and bond to obtain garnishment 6.50 (30) For claim affidavit and bond 5.50 (36) For trial by jury, each case tried 30.00 (67) For issuing writ of possession 5.00
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Section 4. Said Act is further amended by striking Section 37 in its entirety and inserting in lieu thereof a new Section 37 to read as follows: Section 37. (a) The fees and costs set out in Section 36 of this Act shall apply to all cases and proceedings, irrespective of the amount involved, except that in all cases or proceedings in which the principal sum of $100.00, the fees and costs assessable and collectible by said court and the officials thereof, for the following items, shall be: (1) For filing and docketing each case not exceeding $500.00 $ 7.00 (2) For filing and docketing each case exceeding $500.00, but not in excess of $1,000.00 10.00 (3) For filing and docketing each case exceeding $1,000.00, but not in excess of $5,000.00 13.00 (4) For filing and docketing each case exceeding $5,000.00 18.50 (5) For filing and docketing each garnishment or writ of possession exceeding $7,500.00 28.50 (6) For filing and docketing dispossessory warrant in which a money judgment of $100.00 or less is sought 8.00 (7) For filing and docketing dispossessory warrant in which a money judgment of more than $100.00 but less than $500.00 is sought 9.10 (8) For filing and docketing dispossessory warrant in which a money judgment of more than $500.00, but less than $1,000.00 is sought 10.75 (9) For filing and docketing dispossessory warrant in which a money judgment of more than $1,000.00, but less than $5,000.00 is sought 12.25 (10) For filing and docketing dispossessory warrant in which a money judgment exceeding $5,000.00 is sought 21.25 (11) For summons and copying each unit of service, per 1,000 words .10 (12) For summons and copy of suit for service after first copy .75 (13) For copying and issuing process 1.00 (14) For issuing each fi.fa. in excess of $500.00, but not in excess of $1,000.00 2.00 (15) For issuing each fi.fa. in excess of $1,000.00 3.00 (16) For each motion for new trial involving in excess of $500.00, but not in excess of $1,000.00 4.00 (17) For each motion for new trial involving in excess of $1,000.00 6.00 (18) For brief of evidence and order in each case in excess of $500.00 but not in excess of $1,000.00 4.00 (19) For brief of evidence and order in each case in excess of $1,000.00 6.00 (20) For settlement of cases in excess of $500.00, but not in excess of $1,000.00 1.50 (21) For each settlement of cases in excess of $1,000.00 3.00 (22) For issuing order to sell property in excess of $500.00, but not in excess of $1,000.00 3.50 (23) For issuing order to sell property in excess of $1,000.00 5.00 (24) For sale of property amounting to over $100.00, the costs allowed as commission shall be the costs allowed the sheriffs of superior court. (25) For levy of each fi.fa. in excess of $500.00, but not in excess of $1,000.00 5.00 (26) For levy of each fi.fa. in excess of $1,000.00 6.00 (27) For copy of bill of exceptions for each case involving in excess of $500.00, but not in excess of $1,000.00 2.50 (28) For copy of bill of exceptions for each case involving in excess of $1,000.00 5.00 (29) For filing exceptions pendente lite for each case involving in excess of $500.00, but not over $1,000.00 2.00 (30) For filing exceptions pendente lite for each case involving in excess of $1,000.00 (31) For each legal document received for execution (including service of summons) where an insufficient or incorrect address has been furnished to the marshal, the marshal may charge the following fee 10.00
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(b) The fees and costs assessed and collectible by said court and those officials thereof in all criminal cases or proceedings shall be as follows:
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(1) For issuing warrant $5.00 (2) For each trial 2.00 (3) For examining each witness .50 (4) For mittimus .50 (5) For issuing subpoena 3.00 (6) For serving each subpoena .50 (7) For each arrest 3.00 (8) For attending trial .50 (9) For taking bond 2.00 (10) For holding prisoner pending examination 1.50 (11) For each waiver of preliminary hearing or trial and entering plea of guilty or nolo contendere 1.50 Other than as provided in this Act, the fees and costs in criminal proceedings in said court shall be the same as are now provided by law in criminal cases or proceedings in the magistrate courts and before magistrates of this state; and also, other than as provided for in this Act, the fees and costs in all civil cases or proceedings shall be the same as now provided by law in cases or proceedings in the magistrate courts and before magistrates of this state. Section 5. This Act shall become effective July 1, 1987. Section 6. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Apply for Local Legislation Notice is given that application will be made to Georgia General Assembly 1987 Session for passage of a bill to amend Act establishing Municipal Court of Columbus, Georgia (Ga. Laws
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1952 p. 2184) as amended to increase court costs and increase Clerk's and Marshal's salaries. Theo Mathis Clerk, Municipal Court of Columbus, Georgia 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 24, 1986. /s/ Thomas B. Buck III Representative, 95th District Sworn to and subscribed before me, this 4th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. BIBB COUNTY BOARD OF COMMISSIONERS; LEASE OF PROPERTY. No. 243 (House Bill No. 630). AN ACT To amend an Act establishing the board of commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p.
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219), as amended, so as to authorize the governing authority of Bibb County to lease, as lessor, certain property belonging to Bibb County; to specify the property which may be leased; to make other provisions in connection therewith; to provide for matters relative to the same; to ratify certain existing leases; to provide for advertising such leases prior to authorization or execution; 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 commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, is amended by adding after Section 8B and before Section 9 a new Section 8C to read as follows: Section 8C. (a) The governing authority of Bibb County is authorized and empowered to rent and lease, as lessor, such portions of the Lake Tobesofkee Recreation Area and for such uses as it shall, in its discretion, determine to be reasonable and necessary or useful in the operation of the Lake Tobesofkee Recreation Area and in providing facilities for the benefit of persons utilizing the Lake Tobesofkee Recreation Area. (b) The governing authority of Bibb County is further authorized and empowered to rent or lease, as lessor, the building commonly known as the Grand Opera House to such persons or organizations as it shall, in its discretion, determine to facilitate the operation of the Grand Opera House and its utilization by the public. (c) In making such leases, as lessor, the governing authority of Bibb County is authorized to prescribe such terms and conditions, including the payment of rent, as it shall determine to be in the public interest, and may execute such leases for terms of up to twenty (20) years and to provide in any lease, that the same may be renewed for an additional period of time up to twenty (20) years. (d) All leases respecting the Lake Tobesofkee Recreation Area and the Grand Opera House, which have heretofore been executed by Bibb County, are hereby ratified, confirmed, and approved as of their respective dates.
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(e) After February 1, 1987, before any lease of such property is authorized or executed, a notice of intention to execute a lease thereof containing a description of the property to be leased, the name of the proposed lessee, and the term for which the property is to be leased shall be advertised in the official organ of Bibb County on two occasions at least five days apart, with the first notice to be run not more than 30 days nor less than five days before the meeting at which the lease is to be authorized. Such notice shall not be run as a legal advertisement but shall be in a display advertisement of not less than four column inches. 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 Please be advised that Bibb County, Georgia, will apply to the 1987 Session of the General Assembly of Georgia for the passage of the following legislation, to wit: A Bill to be Entitled An Act to Amend an Act Establishing the Board of Commissioners of Bibb County, Approved February 4, 1873 (Ga. L. 1873, p. 219), as Amended, so as to Authorize the Governing Authority of Bibb County to Lease, as Lessor, Certain Property Belonging to Bibb County; to Specify the Property Which May be Leased; to Make Other Provisions in Connection Therewith; to Provide for Matters Relative to the Same; to Ratify Certain Existing Leases; to Provide an Effective Date; to Repeal Conflicting Laws; and for Other Purposes. Notice is further given that said Bill including the title thereof may be amended by an amendment germane thereto. This 30th day of December, 1986. Bibb County By E. S. Sell, Jr. County Attorney STATE OF GEORGIA COUNTY OF BIBB
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PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JIM HUNTSINGER, 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: 01/3 SIGNED s/ Jim Huntsinger SWORN TO AND SUBSCRIBED BEFORE ME THIS 03 DAY OF JANUARY, 1987 /s/ Pamela G. McQueen NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES SEPT 4, 1990 (SEAL) Approved March 19, 1987. CATOOSA COUNTY HOSPITALIZATION INSURANCE FOR OFFICIALS AND EMPLOYEES; BIDS. No. 244 (House Bill No. 679). AN ACT To amend an Act creating the office of commissioner of Catoosa County, approved February 12, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5538), so as to provide for hospitalization insurance for all employees, including elected officials, whose salaries are paid from county funds; to provide for paying the cost of such insurance; to provide for certain continued participation in such insurance programs; to provide for competitive bids on
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certain purchases; to provide for requirements and procedures for such bids; 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 12, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5538), is amended by striking Section 11A 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, including 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, after their term in office, 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 subsection (a) of Section 16 and inserting in its place a new subsection (a) to read as follows:
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(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 Code Section 36-10-2 of the O.C.G.A., involving an expenditure of $15,000.00 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. 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 1987 Session of the General Assembly of Georgia a Bill to Amend an Act Creating the Office of Commissioner of Catoosa County approved February 23, 1943 (Ga. Laws 1943, p. 398), as amended, particularly by an Act approved April 22, 1981, (Ga. Laws 1981, p. 4622), and an Act approved March 28, 1986 (Ga. Laws 1986, p 5538), so as to provide for budgeting and auditing and the procedures therewith; to provide for competitive and negotiated bids and the method and procedure in connection therewith; to delete certain provisions of the Act approved April 22, 1981, and the Act approved March 28, 1986; to provide for hospitalization insurance for certain county officials and to provide for the cost of such insurance; to provide for an effective date; to repeal conflicting law; and for other purposes. Robert G. Peters, State Representative, District 2. PROOF OF PUBLICATION STATE OF GEORGIA CATOOSA COUNTY Before me, an officer duly 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
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shown below has been duly and regularly published in THE CATOOSA COUNTY NEWS one times, on the issues dated, to-wit: January 14, 1987 /s/ Jim Caldwell Sworn to and subscribed before me, this the 15th day of Jan., 1987 /s/ J. M. Plenons (SEAL) Approved March 19, 1987. SPALDING COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 245 (House Bill No. 689). AN ACT To amend an Act creating a board of commissioners of Spalding County, approved February 5, 1873 (Ga. L. 1873, p. 289), as amended, particularly by an Act approved December 22, 1898 (Ga. L. 1898, p. 375), an Act approved August 9, 1906 (Ga. L. 1906, p. 447), an Act approved July 26, 1920 (Ga. L. 1920, p. 615), an Act approved July 27, 1929 (Ga. L. 1929, p. 718), an Act approved March 6, 1945 (Ga. L. 1945, p. 943), an Act approved February 19, 1951 (Ga. L. 1951, p. 2535), an Act approved April 5, 1961 (Ga. L. 1961, p. 3376), an Act approved February 28, 1966 (Ga. L. 1966, p. 2498), an Act approved April 5, 1971 (Ga. L. 1971, p. 3112), an Act approved March 16, 1978 (Ga. L. 1978, p. 3853), an Act approved April 11, 1979 (Ga. L. 1979, p. 3454), an Act approved April 6, 1981 (Ga. L. 1981, p. 4140), and an Act approved March 14, 1985 (Ga. L. 1985, p. 3615), so as to change the compensation of the chairman and the members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners of Spalding County, approved February 5, 1873 (Ga. L. 1873, p. 289), as amended, particularly by an Act approved December 22, 1898 (Ga. L. 1898, p. 375), an Act approved August 9, 1906 (Ga. L. 1906, p. 447), an Act approved July 26, 1920 (Ga. L. 1920, p. 615), an Act approved July 27, 1929 (Ga. L. 1929, p. 718), an Act approved March 6, 1945 (Ga. L. 1945, p. 943), an Act approved February 19, 1951 (Ga. L. 1951, p. 2535), an Act approved April 5, 1961 (Ga. L. 1961, p. 3376), an Act approved February 28, 1966 (Ga. L. 1966, p. 2498), an Act approved April 5, 1971 (Ga. L. 1971, p. 3112), an Act approved March 16, 1978 (Ga. L. 1978, p. 3853), an Act approved April 11, 1979 (Ga. L. 1979, p. 3454), an Act approved April 6, 1981 (Ga. L. 1981, p. 4140), and an Act approved March 14, 1985 (Ga. L. 1985, p. 3615), is amended by striking subsection (a) of Section II and inserting in its place a new subsection (a) to read as follows: (a) Effective July 1, 1987, the chairman of the board of commissioners shall be paid a salary at the annual rate of $9,600.00 for his services and each of the other commissioners of said board shall respectively be paid a salary at the annual rate of $8,700.00 for his services. Said salaries shall be apportioned and payable for the remainder of 1987 and for all subsequent years at said respective annual rates from the funds of Spalding County. Such salaries shall be payable, as accrued, in monthly installments or other periodic installments at the discretion of a majority of said commissioners. 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia a bill to change the compensation of the chairman and members of the board of commissioners of Spalding County, to repeal conflicting laws and for other purposes.
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This 22nd day of December, 1986. Maureen C. Jackson Clerk of Spalding County Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Suzi Johnson-Herbert, who, on oath, deposes and says that she is Representative from the 76th 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: December 29, 1986. /s/ Suzi Johnson-Herbert Representative, 76th District Sworn to and subscribed before me, this 6th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. WALKER COUNTY CLERK OF THE SUPERIOR COURT; PERSONNEL; COMPENSATION. No. 246 (House Bill No. 690). AN ACT To amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, approved January 27, 1964
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(Ga. L. 1964, p. 2024), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4142), so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer; to provide for certain salary increases; 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 20, 1986 (Ga. L. 1986, p. 4142), 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) (1) 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 $89,512.50 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 $89,512.50. (2) The deputy clerk of the superior court and both office clerks shall receive a one-time salary increase equal to 5 percent of their current compensation, beginning April 1, 1987. Section 2. This Act shall become effective on April 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 1987 session of the General Assembly of Georgia a bill to amend an
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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; fand for other purposes. This 16th day of January, 1987. Honorable Michael Snow Representative, 1st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, 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 23, 1987. /s/ Michael M. Snow Representative, 1st District Sworn to and subscribed before me, this 5th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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WALKER COUNTY PROBATE COURT; PERSONNEL; COMPENSATION. No. 247 (House Bill No. 691). AN ACT To amend an Act placing the probate judge of Walker County on a salary basis, approved January 27, 1964 (Ga. L. 1964, p. 2014), as amended, particularly by an Act approved March 29, 1984 (Ga. L. 1984, p. 5236), 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 probate judge of Walker County on a salary basis, approved January 27, 1964 (Ga. L. 1964, p. 2014), as amended, particularly by an Act approved March 29, 1984 (Ga. L. 1984, p. 5236), is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. The above-named officer shall have authority to appoint his deputies, clerks, assistants, and other personnel. Said judge of the probate court 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 officer shall not exceed the total sum of $27,000.00 per year. Each deputy, clerk, assistant, or other personnel shall be paid monthly from the general funds of Walker County, Georgia. Section 2. This Act shall become effective on April 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act placing the probate judge of Walker County on a salary basis, approved January 27, 1964 (Ga. L. 1964, p. 2014), as amended; and for other purposes. This 16th day of January, 1987. Honorable Michael Snow Representative, 1st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, 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 23, 1987. /s/ Michael M. Snow Representative, 1st District Sworn to and subscribed before me, this 5th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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WALKER COUNTY TAX COMMISSIONER; PERSONNEL; COMPENSATION. No. 248 (House Bill No. 692). 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 20, 1986 (Ga. L. 1986, p. 4139), 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 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 20, 1986 (Ga. L. 1986, p. 4139), 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 $89,512.00 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 $89,512.00.
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Section 2. This Act shall become effective on April 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 1987 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. 2018), as amended; and for other purposes. This 16th day of January, 1987. Honorable Michael Snow Representative, 1st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, 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 23, 1987. /s/ Michael M. Snow Representative, 1st District Sworn to and subscribed before me, this 5th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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WARE COUNTY STATE COURT; JUDGE AND SOLICITOR; COMPENSATION. No. 249 (House Bill No. 709). AN ACT To amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, approved December 11, 1897 (Ga. L. 1897, p. 510), as amended, particularly by an Act approved February 27, 1981 (Ga. L. 1981, p. 3016), so as to change the compensation of the judge and solicitor of the court; 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 Ware County, formerly the City Court of Waycross, approved December 11, 1897 (Ga. L. 1897, p. 510), as amended, particularly by an Act approved February 27, 1981 (Ga. L. 1981, p. 3016), is amended by striking Section 4A which reads as follows: Section 4A. The Judge of the State Court of Ware County shall receive an annual salary of $14,400. The Solicitor of the State Court of Ware County shall receive an annual salary of $12,240. Said compensation shall be paid in equal monthly installments from funds of Ware County., and inserting in its place a new Section 4A to read as follows: Section 4A. The Judge of the State Court of Ware County shall receive an annual salary of $25,000.00. The Solicitor of the State Court of Ware County shall receive an annual salary of $23,000.00. Said compensation shall be paid in equal monthly installments from funds of Ware 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.
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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 1987 Session of the Georgia General Assembly, a bill to increase the salary of the Judge and Solicitor of the State Court of Ware County. This 15th day of January, 1987. Tom Crosby Representative, 150th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosby, Jr., who, on oath, deposes and says that he is Representative from the 150th 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 17, 1987. /s/ Tom Crosby, Jr. Representative, 150th District Sworn to and subscribed before me, this 29th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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McDUFFIE COUNTY BOARD OF COMMISSIONERS; CHAIRMAN; COMPENSATION. No. 250 (House Bill No. 711). AN ACT To amend an Act creating a three-member board of commissioners for McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4523), so as to change the compensation of the chairman 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 three-member board of commissioners for McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4523), is amended by striking in its entirety subsection (a) of Section 7, which reads as follows: (a) The chairman of the board shall receive a salary of $25,000.00 per year to be paid in equal monthly installments from the funds of McDuffie County. On and after January 1, 1986, the chairman shall receive an annual increase in salary equal to 4 percent of the then current salary of such officer, provided that the maximum annual salary allowable under this Act shall be $30,000.00 per year., and inserting in lieu thereof a new subsection (a) to read as follows: (a) The chairman of the board shall receive an annual salary of $35,000.00, to be paid in equal monthly installments from the funds of McDuffie County. The chairman shall be entitled to receive future increases in salary which shall be the same dollar amount as any increases in salary which shall be received by the sheriff of McDuffie County.
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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 1987 session of the General Assembly of Georgia a bill to amend an Act creating a three-member board of commissioners for McDuffie County, approved February 16, 1955 (Ga. L. 1955, P. 2331), as amended particularly by an Act approved March 21, 1984 (Ga. L. 1984, P. 4523); and for other purposes. This 2nd day of February, 1987. Honorable Robert Harris Representative, 84th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Harris, who, on oath, deposes and says that he is Representative from the 84th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress which is the official organ of McDuffie County, on the following date: February 4, 1987. /s/ Bobby Harris Representative, 84th District Sworn to and subscribed before me, this 9th day of February, 1987. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved March 19, 1987.
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HARRIS COUNTY CORONER; SALARY. No. 251 (House Bill No. 712). AN ACT To amend an Act placing the coroner of Harris County upon a monthly salary, approved March 10, 1964 (Ga. L. 1964, p. 2623), as amended by an Act approved April 17, 1975 (Ga. L. 1975, p. 4365), so as to change the salary of the coroner; to provide that the salary of the coroner is in addition to and not in lieu of any expense allowance granted by the governing authority of Harris 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 coroner of Harris County upon a monthly salary, approved March 10, 1964 (Ga. L. 1964, p. 2623), as amended by an Act approved April 17, 1975 (Ga. L. 1975, p. 4365), is amended by striking in its entirety Section 1, which reads as follows: Section 1. The Coroner of Harris County is hereby placed upon a salary of $150.00 per month in lieu of the fee system of compensation formerly allowed said officer. Said salary shall be in lieu of all fees, commissions, emoluments and perquisites of whatever kind formerly allowed the Coroner of Harris County for his services as such., and inserting in its place a new Section 1 to read as follows: Section 1. (a) The coroner of Harris County shall receive a salary of $200.00 per month in lieu of the fee system of compensation formerly allowed said officer. Except as provided in this section, the salary shall be in lieu of all fees, commissions, emoluments, and perquisites of whatever kind formerly allowed the coroner for his services.
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(b) The salary provided in subsection (a) of this section is in addition to and not in lieu of any expense allowance granted by the governing authority of Harris 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. STATE OF GEORGIA COUNTY OF HARRIS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act placing the coroner of Harris County upon a monthly salary, approved March 10, 1964 (Ga. L. 1964, p. 2623), as amended by an Act approved April 17, 1975 (Ga. L. 1975, p. 4365); and for other purposes. This 1st day of December, 1986. Joseph P. Kennebrew Coroner, Harris County 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 Harris County Journal which is the official organ of Harris County, on the following date: December 18, 1986. /s/ Roy D. Moultrie Representative, 93rd District
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Sworn to and subscribed before me, this 9th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. JONES COUNTY EMPLOYEES; PUBLICATION OF NAME, DEPARTMENT, AND SALARY. No. 252 (House Bill No. 721). AN ACT To amend an Act creating a new board of commissioners for Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, so as to provide for an annual publication of the name, department, and salary of each county employee; to provide for publication of the name, department, and salary of new employees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new board of commissioners for Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, is amended by striking in its entirety Section 16 and inserting in its place a new Section 16 to read as follows: Section 16. (a) The board shall cause to be published monthly in the official organ of the county an itemized statement of all county receipts and disbursements for the previous month, together with an itemized list of the names of all persons, firms, or corporations to which disbursements were made and the amount of each such disbursement.
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(b) Notwithstanding subsection (a) of this section, the salaries of county employees shall not be considered as disbursements for the purpose of monthly publication. In February of each year, the name, department, and then current annual salary of each county employee shall be published in the official organ of the county. The name, department, and starting salary of each new employee shall be published with the itemized statement provided for in subsection (a) of this section in the month following the month in which such employee is hired. 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating a new board of commissioners for Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, so as to provide for an annual publication of the name, department, and salary of each county employee; to provide for publication of the name, department, and salary of new employees; and for other purposes. This 31st day January, 1987. 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 Jones County News which is the official organ of Jones County, on the following date: February 5, 1987. /s/ Kenneth W. Birdsong Representative, 104th District
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Sworn to and subscribed before me, this 9th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. OAK RIDGE WATER AND SEWERAGE AUTHORITY CREATION. No. 253 (House Bill No. 730). AN ACT To create the Oak Ridge Water and Sewerage Authority in Richmond County, Georgia; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain self-liquidating 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 systems, sewage treatment plants, and any and all other related facilities; to authorize the authority to accept gifts, grants, and donations; 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 tenure of office and compensation; to authorize the authority to contract with others pertaining to the water and sewer facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the authority to borrow money or accept grants or other financial assistance from the federal government, its agencies, and political subdivisions, and to enter into such
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mortgages, trust indentures, leases, or agreements as may be necessary, convenient, or desirable to effectuate such transactions; to authorize the authority to do any and all things necessary or desirable to secure the financial aid or the cooperation of the federal government, its agencies, or political subdivisions in the undertaking, construction, maintenance, or operation of such projects as the authority may properly undertake; 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 to 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; to define the rights of the holders of such obligations; to provide that no debt of the State of Georgia or any political subdivision thereof shall be incurred in the exercise of powers granted such authority; to make the bonds of the authority exempt from taxation; to provide for the exemption from all taxes and special assessments of the county, the state, or any political subdivisions thereof of all property owned by such authority; to provide for the authority to condemn property of every kind; to authorize the issuance of refunding bonds; to fix the venue of jurisdiction of actions relating to any provisions of this Act; to provide that such bonds be validated; 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 Oak Ridge Water and Sewerage Authority Act. Section 2. Oak Ridge Water and Sewerage Authority. (a) There is created a body corporate and politic, to be known as the Oak Ridge 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, bring and defend actions, plead and be impleaded, and complain and defend in all courts. The authority shall consist of five members, all of whom shall be residents of Richmond County, Georgia, residents in the immediate area served by the facilities of the authority, and, at the time of appointment, shall be users of the facilities of the authority. The provision
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as to being a user shall not apply to the initial appointment of members of the authority. The initial members of the authority shall be appointed by the first grand jury impaneled by the superior court of Richmond County after the creation of this authority. The members appointed shall serve for periods of one, two, three, four, and five years, respectively, so that one member of the authority will cease to be a member each year as of the impaneling of the grand jury for the same term as the term during which initial appointments are made. No member shall be eligible for reappointment for a period of two years from the expiration date of his previous term. Notwithstanding any other provision of this Act, all members of the authority shall serve until their successors are appointed and qualified. (b) Immediately after their appointment, the members of the authority shall enter upon their duties. They shall elect one of their number as chairman and another as vice-chairman. They may also elect a secretary, a treasurer, or a secretary and treasurer who need not necessarily be a member of the authority. The chairman, vice-chairman, and secretary and treasurer shall serve for a period of one year and until their successors are appointed and qualified. Three members of the authority shall constitute a quorum. (c) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the remaining members of the authority, by majority vote, shall appoint a person meeting the qualifications above set out for membership to serve until the impaneling of the next grand jury authorized to make appointments, when such vacancy shall be filled by appointment by the grand jury. (d) 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. 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) The members of the authority shall serve without compensation, provided that 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.
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Section 3. Definitions. (a) As used in this Act, the term: (1) Area of operation, in the case of this authority, means and shall include Richmond County and the immediately adjoining counties; provided, however, that the services of the authority will not be extended into an adjacent county without first securing the express written approval of that county's governing body. (2) Authority means the Oak Ridge Water and Sewerage Authority created by Section 2 of this Act. (3) Cost of the project means and shall embrace the cost of acquisition of existing facilities, 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, cost of engineering, architectural, and legal expenses, and cost of plans and specifications, and other expenses necessary or incident to the financing authorized in this Act, the construction of any project, the placing of the 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 shall be regarded as 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) Federal government shall include the United States of America, the Farmers' Home Administration, or any other agency or instrumentality, corporate or otherwise, of the United States of America. (5) Project means and includes the acquisition, construction, and equipping of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including counties and municipalities, for the purpose of resale, inside or outside the territorial boundaries of Richmond County, and the operation, maintenance, additions, improvements,
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and extensions of such facilities so as to assure an adequate water utility system deemed by the authority to be necessary or convenient for the efficient operation of such type of undertaking, the acquisition and construction of all facilities useful and necessary for the gathering of waste matter, individual and industrial, and the treatment of such waste, including the acquisition and construction of treatment plants, lagoons, inside or outside the territorial boundaries of Richmond County, and the operation, maintenance, additions, improvements, and extensions of such facilities deemed necessary by the authority to be necessary or convenient 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 as one revenue-producing undertaking and operated and maintained as such. (6) Revenue bonds and bonds shall 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 the Revenue Bond Law. In addition, such terms 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 revenues and earnings to be derived by the authority therefrom will be sufficient to pay the cost of operating, maintaining and 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 is authorized: (1) To have a seal and alter the same at its pleasure; (2) To accept gifts, grants, and donations; (3) 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 purpose;
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(4) 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 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 encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; (5) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensation; (6) 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 erected or acquired; and 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 above, authority is specifically granted to municipal corporations and counties 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 and counties for a term not exceeding 50 years;
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(7) 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 from the United States of America or any agency or instrumentality thereof; (8) To accept loans or grants, or both, of money, 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; (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 establish charges, rates, and regulations for users of the services of the authority; (11) In addition to the powers conferred upon the authority by other provisions of this Act, to borrow money or accept grants or other financial assistance from the federal government for or in aid of any water or sewerage project within its area of operation, to take over or lease or manage any water or sewerage project or undertaking constructed or owned by the federal government, and, to these ends, to comply with such conditions and enter into such mortgages, trust indentures, leases, or agreements as may be necessary, convenient, or desirable. It is the purpose and intent of this Act to authorize the authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance, or operation of any water or sewerage project by such authority; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act.
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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, 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 and interest of such revenue bonds shall be payable solely from the special fund provided for such payment pursuant to this Act. 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, or at such times exceeding 40 years as may hereafter be authorized by the bonding laws of the State of Georgia, 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 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 6. Same, 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. Provisions may be made for the registration of any coupon bond as to principal alone or as to both the 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 he 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 signature of the chairman
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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. 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 this state. Such bonds and the income thereof 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 for the best interests 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 the 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 the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment 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 paid into the fund provided for in this Act for the payment of principal and interest of 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.
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Section 12. Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost. Section 13. 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 or special or adjourned meeting of the authority by a majority of its members. Section 14. 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 or Richmond County or a pledge of the faith and credit of said state or county, 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 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. Same; 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 of 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
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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 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 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 16. Same; 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 of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 17. Same; sinking funds. 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
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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 said pledge may include funds received from one or more sources 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 (4) any premium upon bonds retired by call or purchase as hereinabove provided. 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 of priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or 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 again be issued. Section 18. Same; 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 given in this Act 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 19. Same; refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds
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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. 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 provisions of this Act insofar as the same may be applicable. Section 20. Same; exemption from taxation; convenant of state. 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 covenants 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 any of its activities in the operation or maintenance of the projects erected by it or upon any fees, tolls, or other charges for the use of such projects or upon 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. Section 21. Same; 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 Richmond 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 22. Same; 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, as 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 which has contracted with the authority for services and facilities of the project
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for which bonds are to be issued and sought to be validated; and such municipality, county, authority, 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 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, or instrumentality contracting with the Oak Ridge Water and Sewerage Authority. Section 23. 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 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 the provisions of this Act shall constitute a contract with the holders of such bonds. Section 24. 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 revenues, fees, and earnings shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 25. Purpose of the authority. (a) Without limiting the generality of any provisions 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 same to customers of its water system, and the various municipalities and citizens in said county and environs, including adjoining counties and municipalities located therein, and further for the general purpose
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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 sewerage facilities to serve such consumers and areas and where neither any county nor municipality deems it desirable or feasible to furnish facilities in such locality. (b) The authority shall also have the authority, where it deems feasible, to sell its products and services to consumers, governmental agencies, or governmental instrumentalities of adjoining states, provided the laws of the adjoining state do not prohibit or tax said activity. Section 26. Rates, charges and revenues; use . The authority is authorized to prescribe and 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 costs 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. 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 on which water service and facilities, sewerage service and facilities, or both, shall be furnished. Section 28. Tort immunity . The authority shall have the same immunity and exemption from liability for torts and negligence as Richmond 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 Richmond County when in performance of their public duties or work of the county.
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Section 29. Powers declared supplemental and additional . The sections 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. This Act does not in any way take from Richmond County or any municipality located therein or any adjoining county the authority to own, operate, and maintain water, sewerage, or combined water and sewerage systems or 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 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 thereof. Section 31 . All laws and parts of laws in conflict with this Act are repealed. AFFIDAVIT OF PUBLICATION ATTORNEY or AGENCY /s/ Wm. M. Coleman, Atty. BUSINESS STATE OF GEORGIA, COUNTY OF Richmond Personally appeared before me Matt Reynolds to me known, who being sworn, deposes and says: That he/she is the authorized agent of Southeastern Newspapers Corporation, a Georgia corporation, doing business in said county under the trade name of The Augusta Herald, a newspaper published in said county; That he/she is authorized to make affidavits of publication on behalf of said publisher corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he/she has reviewed the regular editions of said newspapers published on Jan 19, 1987, and finds that the following advertisement appeared in each of said editions, to-wit: /s/ Matt Reynolds (deponent)
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Sworn to and subscribed before me this 19th day of January, 1987. /s/ Faye A. Waller Notary Public, Columbia County, Georgia My Commission expires May 15, 1989. (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that I shall introduce a bill in the 1987 session of the General Assembly to create a body corporate and politic to be known as the Oak Ridge Water and Sewerage Authority in Richmond County, Georgia; to authorize such Authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water and supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations; to authorize such Authority to acquire, construct, operate, and maintain sewer systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; to authorize such Authority to accept gifts, grants and donations; 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 tenure of office and compensation; to authorize the Authority to contract with others pertaining to the water and sewer facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize such Authority to borrow money, or accept grants, or other financial assistance from the Federal Government, its agencies and political subdivision and to enter into such mortgages, trust indentures, leases or agreements as may be necessary, convenient, or desirable to effectuate such transactions; to authorize such Authority to do any and all things necessary or desirable to secure the financial aid or the cooperation of the Federal Government, its agencies, or political subdivision in the undertaking, construction, maintenance or operation of such projects as such Authority may properly undertake; to authorize the issuance of revenue bonds of the Authority and to pay the cost of such undertakings or projects
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and authorize the revenues and earnings of the Authority for the payment of such bonds and to authorize the executions 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 the State of Georgia, or that no debt of the County of Richmond, shall be incurred in the exercise of powers granted such Authority; to make the bonds of the Authority exempt from taxation; to provide for the exemption from all taxes and special assessments of the County, the State, or any political subdivision thereof of all property owned by such Authority; to provide for the Authority to condemn property owned by such Authority; to provide for the Authority to condemn property of every kind; to authorize the issuance of refunding bonds; to fix the venue of jurisdiction of sections relating to any provisions of this Act and to provide that such bonds be validated; to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with provisions of this Act; and for other purposes. This the 9th day of January, 1987. MICHAEL J. PADGETT Representative from Richmond County Approved March 19, 1987.
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TOWN OF JENKINSBURG NEW CHARTER. No. 254 (House Bill No. 734). AN ACT To provide a new charter for the Town of Jenkinsburg; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, a town treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; 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 Town of Jenkinsburg in Butts County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the Town of Jenkinsburg. References in this charter to the town or this town refer to the Town of Jenkinsburg. The town shall have perpetual existence.
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Section 1.11. Corporate boundaries. The boundaries of this town 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 by local law or in the manner provided by general state law. The boundaries of this town 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 town clerk of the town and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the Town of Jenkinsburg, 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. Section 1.12. Municipal powers. (a) This town shall have all powers possible for a town 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 town shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this town. 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 town; (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 town; to
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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 town; (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 town taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the town, 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 town 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 town; (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;
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(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 town from all individuals, firms, and corporations residing in or doing business within the town and 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 town 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 town 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 town and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the town; 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 town; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions,
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and agencies of the town 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 town 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 town; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the town 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 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; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the town; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the town as provided by ordinance; (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;
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(23) Planning and zoning. To provide comprehensive town planning for development by zoning and to provide subdivision regulation and the like as the town 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 police officers 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, 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 town; 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 or contract for 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
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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 town 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 town; (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 town; and to negotiate and execute leases over, through, under, or across any town property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the town for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the town; 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 and for private use; 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
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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 of any public improvement; (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 town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require
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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 town 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 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 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 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the town, 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, ELECTIONS, AND REMOVAL Section 2.10. Town council creation; composition; number; election. (a) The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and five councilmembers. (b) The mayor and councilmembers shall serve for terms of two years and until their respective successors are elected
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and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of this town for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the town during said period of service and shall be registered and qualified to vote in municipal elections of this town. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said town that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file the notice provided for in this subsection within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 2.11. Elections. (a) At any election, 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 town for a period of 60 days immediately preceding the date of such election shall be eligible to qualify as voters in the election. (b) 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. Except as otherwise provided by this charter, the town council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) For the purpose of electing members of the council, the Town of Jenkinsburg shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he seeks election. The town council seats presently held by James Whitaker, Robert Letson, Eddie Ford, Lanier Buford, and Jean Morgan shall be designated posts number 1, 2, 3, 4, and 5, respectively.
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(e) On the first Saturday in November, 1987, and on that day biennially thereafter, there shall be elected a mayor and the councilmembers from posts number 1 and 3. Then, on the first Saturday in November, 1988, and on that day biennially thereafter, there shall be elected the councilmembers from posts number 2, 4, and 5. It is the purpose of this section to provide a rotation system for the office of mayor and councilmembers. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. Section 2.12 . Vacancies in office. (a)(1) 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. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the town council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the town 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 town 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 2.13 . Nonpartisan elections. Political parties shall not conduct primaries for town offices and all names of candidates for town offices shall be listed without party labels. Section 2.14 . Election by majority. The candidate receiving the majority of the votes cast for any town office shall be elected. If no candidate receives a majority for a particular office, a runoff shall be held. The council shall provide for it to be held in the same month as the general election date.
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Section 2.15 . Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A. Section 2.16 . Prohibitions. (a) No elected official, appointed officer, or employee of the town 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 town 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.
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(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 town shall disclose such private interest to the town council. The mayor or any councilmember who has a private interest in any matter pending before the town council shall disclose such private interest and such disclosure shall be entered on the records of the town 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 town 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 town 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 town council. (e) Except as authorized by law, no member of the council shall hold any other elective town office or other town employment during the term for which he was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act. Section 2.17. Removal of officers. (a) The mayor, a councilmember, 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;
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(3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other 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 four councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the town 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 section shall have the right of appeal from the decision of the town council to the Superior Court of Butts 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 Butts County following a hearing on a complaint seeking such removal brought by any resident of the Town of Jenkinsburg. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES Section 3.10. General power and authority. Except as otherwise provided by this charter, the town council shall be vested with all the powers of government of this town as provided by Article I of this charter. Section 3.11. Organization. (a) The town council shall hold an organizational meeting at the first regular meeting in January
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following an election. The meeting shall be called to order by the town 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) (councilmember) of this town 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. (b) By a majority vote, the town council shall elect a councilmember to serve as mayor pro tempore. During any disability or absence of the mayor, the mayor pro tempore shall preside at all meetings of the town council and shall assume the duties and powers of the mayor. Any such disability or absence shall be declared by a majority vote of the town council. The town 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 town council. Section 3.12. Inquiries and investigations. The town council may make inquiries and investigations into the affairs of the town 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 3.13. Meetings. (a) The town council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the town council may be held on call of the mayor or three or more members of the town council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall
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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 town council shall be public to the extent required by law. Notice to the public of special meetings shall be given as required by law and, insofar as reasonably possible, such notice shall be given 24 hours prior to such special meetings. Section 3.14. Procedures. (a) The town 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 town 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 3.15. Voting. (a) Except as otherwise provided in subsection (b) of this section, the mayor and three councilmembers shall constitute a quorum and shall be authorized to transact the business of the town 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 town 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 a majority of the councilmembers shall be required for the adoption of any ordinance, resolution, or motion; provided, however, that not less than three votes shall be required for such adoption. The mayor or mayor pro tempore, if he is presiding, shall be entitled to vote in the case of a tie. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the town council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 3.16. Ordinances. (a) Every proposed ordinance shall be introduced in writing and in the form required for final
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adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the Town of Jenkinsburg 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 town council. Ordinances shall be considered and adopted or rejected by the town 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 3.18. 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 town council may designate. Section 3.17. Effect of ordinances. Acts of the town council which have the force and effect of law shall be enacted by ordinance. Section 3.18. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the town council may convene on call of the mayor or three councilmembers 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 councilmembers 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 ordinance in
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the same manner specified in this section for adoption of emergency ordinances. Section 3.19. Codes. (a) The town 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 3.16 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 3.20 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 3.20. 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 town council shall provide for the preparation of a general codification of all the ordinances of the town having the force and effect of law. The general codification shall be adopted by the town 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 town council may specify. This compilation shall be known and cited officially as The Code of the Town of Jenkinsburg, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the town and shall be made available for purchase by the public at a reasonable price as fixed by the town council. (c) The town 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 town council. Following publication of the first code under this charter and at all times
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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 within the code. The town 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 3.21. Chief executive officer; delegation of powers. The mayor shall be the chief executive of this town. The mayor shall possess all of the executive and administrative powers granted to the town under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the town and qualified in management and administration. Section 3.22. Powers and duties of mayor. As the chief executive of this town, the mayor shall: (1) See that all laws and ordinances of the town are faithfully executed; (2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the town except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the town and provide for the coordination of administrative activities; (4) Preside over all meetings of the town council; (5) Call special meetings of the town council as provided for in Section 3.13; (6) Participate in the discussion of all matters brought before the town council and vote on such matters only in the case of a tie vote; (7) Recommend to the town council such measures relative to the affairs of the town, improvement of the government,
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and promotion of the welfare of its inhabitants as he may deem expedient; (8) Approve or disapprove ordinances as provided in Section 3.23; (9) Require any department or agency of the town to submit written reports whenever he deems it expedient; (10) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the town which by law are required to be in writing; and (11) Perform such other duties as may be required by general state law, this charter, or ordinance. Section 3.23. Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the town council shall be presented by the town clerk to the mayor within three days after its adoption. (b) The mayor shall within ten days of receipt of an ordinance return it to the town 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 town clerk; if the ordinance is neither approved nor disapproved, it shall become law on the fifteenth day after its adoption; if the ordinance is disapproved, the mayor shall, within three days from the date of passage of such ordinance, submit to the town council through the town clerk a written statement of the reasons for the veto, otherwise such ordinance shall become law just as if it were signed and approved by the mayor. The town 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 town clerk to the town council at its next meeting and should the town council then or at its next general meeting adopt the ordinance by an affirmative vote of at least four councilmembers, 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
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of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the town council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the town council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section. ARTICLE IV ADMINISTRATIVE AFFAIRS Section 4.10. Department heads. (a) Except as otherwise provided in this charter, the town 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 town as necessary for the proper administration of the affairs and government of this town. (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed 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 town council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for 14 calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the town council. The director involved may appeal to the town council which, after a hearing, may override the mayor's action by a vote of four councilmembers. Section 4.11. Boards. (a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill
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any investigative, quasi-judicial, or quasi-legislative function the town 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 town shall be appointed by the town 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. (c) The town 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 town. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed for the 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 town 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 town council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town 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 town. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the town, or law, as it deems appropriate
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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 town. Section 4.12. Town attorney. The town council shall appoint a town attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The town attorney shall serve at the pleasure of the town council. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the town council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs, and shall perform such other duties as may be required of him by virtue of his position as town attorney. The town council shall provide for the compensation of the town attorney. Section 4.13. Town clerk. The town council shall appoint a town clerk who shall not be a councilmember. The town clerk shall be custodian of the official town seal, maintain town council records required by this charter, and perform such other duties as may be required by the town council. Section 4.14. Treasurer. The town council shall appoint a town treasurer to collect all taxes, licenses, fees, and other moneys belonging to the town subject to the provisions of this charter and the ordinances of the town and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the town. The town treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. Section 4.14A. Other duties and requirements. The town clerk and the town treasurer shall be the same person and shall be appointed at the first regular meeting of the mayor and council in January each year. The town clerk and treasurer shall also be the ex officio tax receiver and tax collector. The town clerk and treasurer shall be bonded in an amount determined by the council. Section 4.14B. Town accountant. The town council may appoint a town accountant to perform the duties of an accountant as prescribed by ordinance.
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Section 4.15. Rules and regulations. The town 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 a position classification and pay plan, methods of promotion and applications 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 V JUDICIAL BRANCH Section 5.10. Municipal court. There shall be a court to be known as the Municipal Court of the Town of Jenkinsburg. Section 5.11. 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 town council. (c) Compensation of the judge or judges shall be fixed by ordinance.
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(d) Judges may be removed for cause by a vote of four members of the town 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 town council journal required in Section 3.14 of this charter. Section 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13. Powers. (a) The municipal court shall try and punish violations of this charter, all town 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 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.
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(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 shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (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 town, 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 town. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this town 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 5.14. 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 Butts County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 5.15. Rules. With the approval of the town 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 town 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 town clerk, shall be available for public inspection, and, upon request,
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shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE VI FINANCE Section 6.10. Property tax. The town council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town 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 town 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 town council in its discretion. Section 6.11. Millage. The town council by ordinance shall establish a millage rate for the town property tax, a due date, and the time period within which these taxes must be paid. The town 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 town 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 town or who practice or offer to practice any profession or calling within the town to the extent such persons have a constitutionally sufficient nexus to this town to be so taxed. The town 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 town council by ordinance shall have the power to require any individual or corporation who transacts business in this town or who practices or offers to practice any profession or calling within the town to obtain a license or permit for such activity from the town 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
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town regulations. Such fees may reflect the total cost to the town of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The town 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 town council shall have the power to grant franchises for the use of this town'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 town 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 town receives just and adequate compensation therefor. The town council shall provide for the registration of all franchises with the town clerk in a registration book kept by him. The town council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15. Fees and charges for services. The town 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 town for the total cost to the town 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 town 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 town shall be empowered to levy any other tax allowed now or hereafter by law, and the
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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 town to govern its local affairs. Section 6.18. Collection of delinquent taxes. The town council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the town 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 of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking town licenses for failure to pay any town taxes or fees, and providing for the assignment or transfer of tax executions. Section 6.19. Borrowing. The town 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 town 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 town 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 town 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 town government. Section 6.23. Budget ordinance. The town council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget. Section 6.24. Operating budget. On or before a date fixed by the town council but not later than 30 days prior to the
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beginning of each fiscal year, the mayor shall submit to the town council a proposed operating budget for the ensuing fiscal year. Section 6.25. Adoption. (a) The town 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 town council shall adopt the final operating budget for the ensuing fiscal year not later than December 31 of each year. If the town 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 town council adopts a budget for the ensuing fiscal year. (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 town 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 town. Section 6.27. Changes in budget. The town 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 purposes, but any additional appropriations may be made only from an existing unexpended surplus.
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Section 6.28. Audits. There shall be an annual independent audit of all town accounts, funds, and financial transactions by a certified public accountant or auditor selected by the town 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 6.29. Procurement and property management. No contract with the town shall be binding on the town unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the town 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 town council and such approval is entered in the town council journal of proceedings pursuant to Section 3.14 of this charter. Section 6.30. Purchasing. The town council shall by ordinance prescribe procedures for a system of centralized purchasing for the town. Section 6.31. Sale of property. (a) The town council may sell and convey any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The town 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 town has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town 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 town, the town council may authorize the mayor to execute and deliver in the name of the town a deed conveying said cut-off or separated parcel or tract
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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 exchange is deemed to be in the best interest of the town. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town 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 town, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the town 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 town not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the town council. Section 7.12. 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 town agencies, personnel, or offices as may be provided by the town council. Section 7.13. 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 7.14. Specific repealer. An Act creating a new charter for the Town of Jenkinsburg, approved March 7, 1955 (Ga. L. 1955, p. 2909), as amended by an Act approved March 23, 1977 (Ga. L. 1977, p. 3763) is repealed in its entirety.
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Section 7.15. 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 1987 session of the General Assembly of Georgia a bill to create a new Charter for the City of Jenkinsburg; to repeal conflicting laws; and for other purposes. This 9th day of January, 1987. Larry Smith Representative, 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: January 14, 1987. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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CITY OF WILLACOOCHEE MAYOR AND ALDERMEN; TERMS; QUALIFICATIONS. No. 255 (House Bill No. 744). AN ACT To amend an Act creating a new charter for the City of Willacoochee, approved August 15, 1904 (Ga. L. 1904, p. 701), as amended, particularly by an Act approved March 6, 1945 (Ga. L. 1945, p. 855) and by another Act approved March 6, 1945 (Ga. L. 1945, p. 980), so as to change the terms of office to be served by the mayor and aldermen; to change provisions relating to qualifications to hold 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 creating a new charter for the City of Willacoochee, approved August 15, 1904 (Ga. L. 1904, p. 701), as amended, particularly by an Act approved March 6, 1945 (Ga. L. 1945, p. 855) and by another Act approved March 6, 1945 (Ga. L. 1945, p. 980), is amended by striking Section 3 which reads as follows: Section 3. Be it further enacted, that the municipal government shall be vested in the mayor and board of aldermen, consisting of five members. Said mayor and aldermen shall be elected on the third Saturday in December, 1945, and the mayor and two aldermen so elected shall hold office for two years, or until his or their successors are elected and qualified. Thereafter the successors to the mayor and two aldermen elected for two years shall be elected on the third Saturday in December, 1947, and every two years thereafter. Three aldermen so elected in 1945 shall hold office for one year, or until their successors are elected and qualified. The successors to the three aldermen elected for one year term shall be elected on the third Saturday in December, 1946, and every two years thereafter, and the term of office shall be for two years, so that the mayor and two aldermen will be elected at different times from the three aldermen. Any
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male person shall be eligible to the office of mayor or alderman who is a bona fide resident of said town at the time of his election, and who shall have paid all taxes, except the year of election and is a qualified voter in said town., and inserting in its place a new Section 3 to read as follows: Section 3. Be it further enacted: (a) The municipal government shall be vested in the mayor and board of aldermen, consisting of five members. The mayor and aldermen in office on the effective date of this section shall serve out the terms for which they were elected, and their successors shall be elected as provided in this section. (b) All elections to elect the mayor or an alderman shall be held on the third Saturday in December as follows: (1) The mayor and two aldermen shall be elected in 1987 and shall serve for terms of three years. Successors to the mayor and these two aldermen shall be elected in 1990 and quadrennially thereafter and shall serve for terms of four years; and (2) The other three aldermen and their successors shall be elected in 1988 and quadrennially thereafter and shall serve for terms of four years. (c) The mayor and aldermen shall take office on the first day of January next following their election. The mayor and aldermen shall, if necessary, hold over beyond the expiration of a term of office until a successor is selected and qualified. (d) In order to be eligible for election as mayor or alderman, a person must be a qualified voter of the City of Willacoochee and must have been a resident of the City of Willacoochee for one year next preceding his or her election. Section 2. All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia, a bill to amend an act providing a charter for the City of Willacoochee, approved December 22, 1953. (Georgia Law of 1953, November-December Session, Page 3039), as amended; and for other purposes. This 4th day of February, 1987. Lace Futch Mayor, City of Willacoochee GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosby, Jr., who, on oath, deposes and says that he is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Atkinson County Citizen which is the official organ of Atkinson County, on the following date: February 5, 1987. /s/ Tom Crosby, Jr. Representative, 150th District Sworn to and subscribed before me, this 10th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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FRANKLIN COUNTY COMMISSIONER; ADVISORY BOARD; MEETING DATES; COMPENSATION. No. 256 (House Bill No. 749). AN ACT To amend an Act repealing an Act creating the office of commissioner of roads and bridges and a board of finance for Franklin County and creating the office of commissioner of Franklin County and an advisory board, approved February 27, 1956 (Ga. L. 1956, p. 2603), as amended, so as to change the meeting date of the advisory board; to change the compensation of the advisory 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 repealing an Act creating the office of commissioner of roads and bridges and a board of finance for Franklin County and creating the office of commissioner of Franklin County and an advisory board, approved February 27, 1956 (Ga. L. 1956, p. 2603), as amended, is amended by striking in its entirety Section 11 and inserting in its place a new Section 11 to read as follows: Section 11. The advisory board shall meet in the office of the commissioner of Franklin County on the first Monday after the first Tuesday of each month, and at any other time upon the call of the commissioner or the chairman of the advisory board, such chairman to be elected by the advisory board at its first meeting in each year. Two members of the board shall constitute a quorum for the transaction of business. The commissioner shall preside at all meetings of the board, except the first meeting held in each year, when the salary for the commissioner is determined for that year. The chairman of the board shall preside at the first meeting held each year, when the salary of the commissioner is determined, and at other meetings in the absence of the commissioner. The advisory board shall serve in advisory capacity and to determine the salary of the commissioner.
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It shall be their duty also to approve all accounts, warrants, and vouchers which may be necessary for the payment of all purchases and to authorize the commissioner to issue a check for their payment. Section 2. 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. The members of the advisory board shall be compensated in the amount of $50.00 per meeting but shall not be paid for more than 25 meetings in any one calendar year. When the highest paid county elected official receives an increase in compensation, a corresponding percentage of increase shall be applied to the compensation of the advisory board which is received per meeting. 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 January 1987 Session of the General Assembly of Georgia, a bill to establish the dates the Advisory Board members and the Commissioner of Franklin County Roads and Revenue shall meet and to establish compensation for the Advisory Board members. This 8th day of January, 1987. BILLY MILFORD, Representative, Franklin County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Milford, who, on oath,
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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 Franklin County Citizen which is the official organ of Franklin County, on the following date: January 15, 1987. /s/ Billy Milford Representative, 13th District Sworn to and subscribed before me, this 10th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. CITY OF TUNNEL HILL NEW CHARTER; REFERENDUM. No. 257 (House Bill No. 750). AN ACT To provide a new charter for the City of Tunnel Hill; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide
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for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal a specific Act and amendatory Acts; 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 Town of Tunnel Hill in Whitfield County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the City of Tunnel Hill. References in this charter to the city or this city refer to the City of Tunnel Hill. The city shall have perpetual existence. 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 by local law or 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 of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Tunnel Hill, 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 entire map or maps which it is designated to replace.
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Section 1.12. Municipal powers. The powers of the city shall include, but are not limited to, the following: (1) 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; (2) 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; (3) 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; (4) Business regulation and taxation. To levy and to provide for the collection of license fees, not to exceed $75.00 per annum, and taxes on privileges, 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; (5) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (6) 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;
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(7) 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; (8) 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 within the city and 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; (9) 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; (10) 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; (11) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (12) 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; (13) 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;
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(14) 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; provided, however, any bond issue shall be subject to approval by a majority of the qualified voters of the city voting in a referendum thereon; (15) 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; (16) 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 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; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (17) 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; (18) 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; (19) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish,
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operate, or contract for a police and a fire-fighting agency; (20) 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; (21) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, 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; 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; (22) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (23) 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; (24) 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; (25) Retirement. To provide and maintain a retirement plan for employees of the city;
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(26) 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; 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; (27) 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; (28) 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; (29) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, and the manufacture, sale, or transportation of intoxicating liquors; 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; (30) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, tangible real
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property shall be assessed for ad valorem taxation at 40 percent of its fair market value; and provided, further, the annual levy of municipal ad valorem taxation shall not exceed eight mills on each dollar of the assessed value of the property; (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 the parking of such vehicles; and (32) Urban redevelopment. To organize and operate an urban redevelopment program. 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. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL Section 2.10. City council creation; composition; number; election. (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 five councilmembers, one of whom shall be elected mayor by the other members of the council. (b) 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 a councilmember unless he shall have been a resident of this city for 24 months immediately preceding the date of the election of members of the city council; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for councilmember unless such person shall
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file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate for councilmember. No person shall be eligible for the office of councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 2.11. Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) 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. 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. (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) For the purpose of electing members of the council, the City of Tunnel Hill shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he seeks election. (e) On the first Monday in December, 1988, and on that day biennially thereafter, there shall be an election to fill Post 1 and Post 2 of the city council. On the first Monday in December, 1987, and on that day biennially thereafter, there shall be an election to fill Post 3, Post 4, and Post 5 of the city council. It is the purpose of this section to provide a rotation system for the office of mayor and councilmembers. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. Section 2.12. Vacancies in office. (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal
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from office in any manner authorized by this charter or the general laws of the State of Georgia. An office shall become vacant if the individual holding the office fails to attend five council meetings in any 12 month period. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, 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 2.13. 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 2.14. Election by majority. The candidate receiving a majority of the votes cast for any city office shall be elected. Section 2.15. 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
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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 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 councilmember 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.
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(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 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 subsection shall not apply to any person holding employment on the effective date of this Act. Section 2.16. Removal of officers. (a) The mayor, a councilmember, 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 Section 2.15 or any other 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 four councilmembers after an investigative hearing. In the event an elected officer is sought to
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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 section shall have the right of appeal from the decision of the city council to the Superior Court of Whitfield 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 Whitfield County following a hearing on a complaint seeking such removal brought by any resident of the City of Tunnel Hill. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY AND ORDINANCES Section 3.10. 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 3.11. Organization. (a) The city council shall hold an organizational meeting at the first regular meeting in January 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) (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. (b) By a majority vote, the city council shall elect a councilmember 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
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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 3.12. 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 council shall be punished as provided by ordinance. Section 3.13. 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 other 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 councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may 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 given as required by law. Section 3.14. 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 with the approval of the city council and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint, with
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the approval of the city council, new members to any committee at any time. Section 3.15 . Voting. Three councilmembers 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 councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 3.16 . Ordinances. (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 Tunnel Hill 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; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18. 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 3.17 . Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 3.18 . 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 other councilmembers 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
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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 a 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 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 ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 3.19 . 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 3.16 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 3.20 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 3.20 . 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 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
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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 within the code. 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 3.21. Chief executive officer; delegation of powers. The mayor shall be elected by the city council from its members. The affirmative vote of three members shall be required to elect the mayor. The mayor shall be the chief executive of this city. The mayor shall possess 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, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration. Section 3.22. 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) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the council a recommended annual operating budget and other necessary budgets; (5) Preside over all meetings of the city council;
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(6) Call special meetings of the city council as provided for in Section 3.13; (7) Participate in the discussion of all matters brought before the city council and vote on such matters before the city council and be counted toward a quorum as any other member of the city council; (8) Recommend to the city 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; (9) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and (10) Perform such other duties as may be required by general state law, this charter, or ordinance. ARTICLE IV ADMINISTRATIVE AFFAIRS Section 4.10. 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, 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
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prescribed for the 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 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 4.11. City attorney. The city council may appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. 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. The city council shall provide for the compensation of the city attorney. Section 4.12. City clerk. The city council may 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.
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Section 4.13. Treasurer. The city council may 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 4.14. City accountant. The city council may appoint a city accountant to perform the duties of an accountant. Section 4.15. 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 a position classification and pay plan, methods of promotion and applications 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 V JUDICIAL BRANCH Section 5.10. Municipal court. There shall be a court to be known as the Municipal Court of the City of Tunnel Hill. Section 5.11. Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or
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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 25 years. 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 3.14 of this charter. Section 5.12. Covening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13. 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 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.
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(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 shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (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 5.14. 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
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shall be obtained under the sanction of a judge of the Superior Court of Whitfield County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 5.15. 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 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, 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. Business license fees. The city council by ordinance shall have the power to levy such 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 within the city 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
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of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.16 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 within the city 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 6.16 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 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 6.16 of this charter. Section 6.16. 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 6.15 of this charter by whatever reasonable means
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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 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 6.17 . 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 6.18 . 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 6.19 . 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 accompained 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, the capital improvements budget, 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 6.20 . 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 shall adopt the final operating budget for the ensuing fiscal year not later than the second council
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meeting 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 6.18 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 6.21 . 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. Section 6.22 . Changes in budget. 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 purposes. Section 6.23 . 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 6.24 . Procurement and property management. No contract with the city shall be binding on the city unless:
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(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 3.14 of this charter. Section 6.25 . Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.26 . 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 exchange 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 elected and appointed, shall execute such surety
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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 7.12 . 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 7.13 . 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 7.14 . As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of the City of Tunnel Hill shall call and conduct an election for the purpose of submitting this Act to the electors of the City of Tunnel Hill 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 Whitfield County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a new charter for the City of Tunnel Hill? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of
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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 the City of Tunnel Hill. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 7.15. Specific repealer. An Act incorporating the Town of Tunnel Hill, approved March 4, 1856 (Ga. L. 1855-1856, p. 371), and all amendatory Acts thereof are repealed in their entirety. Section 7.16. 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 1987 session of the General Assembly of Georgia a bill whereby the City of Tunnel Hill by referendum may adopt a bill to provide a new charter; to provide for all related matters; and for other purposes. This 6th day of February, 1987. Honorable Jim Tyson Griffin Representative, 6th District Honorable Phil Foster Representative, 6th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim T. Griffin, 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 Citizen-News which is the official organ of Whitfield County, on the following date: February 6, 1987.
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/s/ Jim T. Griffin Representative, 6th District Sworn to and subscribed before me, this 11th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. HEARD COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; COMPENSATION. No. 258 (House Bill No. 761). AN ACT To make provisions for the Magistrate Court of Heard County; to provide for the election and qualifications of the officers of said court; to provide for the practice, procedure, and jurisdiction of said court; to provide for the compensation of the chief magistrate; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. As provided in Chapter 10 of Title 15 of the O.C.G.A., relating to magistrate courts, there shall be a Magistrate Court of Heard County. Section 2. The election and qualifications of the officers of the magistrate court shall be as provided in Chapter 10 of Title 15 of the O.C.G.A., relating to magistrate courts.
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Section 3. All practice, procedure, and jurisdiction in the magistrate court shall be as provided in Chapter 10 of Title 15 of the O.C.G.A., relating to magistrate courts, and the uniform rules set forth for such courts. Section 4. The chief magistrate of the Magistrate Court of Heard County shall receive an annual salary of $9,600.00, payable from the funds of Heard County. 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 1987 session of the General Assembly of Georgia a bill to make provisions for the Magistrate Court of Heard County; and for other purposes. This 26th day of January, 1987. s/J. Crawford Ware Honorable J. 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: February 4, 1987. /s/ J. Crawford Ware Representative, 77th District
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Sworn to and subscribed before me, this 9th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. WALKER COUNTY CORONER; COMPENSATION. No. 259 (House Bill No. 766). 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, so as to change the provisions relating to the compensation of the coroner; 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 placing the coroner of Walker County on an annual salary, approved March 29, 1965 (Ga. L. 1965, p. 2710), as amended, is amended by striking Section 1 which reads as follows: Section 1. (a) In place of the fee system of compensation the coroner of Walker County shall be compensated as provided in this section. The compensation provided by this section shall be in place of all fees, commissions, emoluments, and perquisites of whatever kind formerly allowed to the coroner for his services as such.
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(b) The coroner shall receive a salary of $450.00 per month which shall be paid from the funds of Walker County. (c) The coroner shall also receive a mileage allowance of 20 per mile when traveling by personal motor vehicle in the performance of his duties., and inserting in its place a new Section 1 to read as follows: Section 1. (a) In place of the fee system of compensation the coroner of Walker County shall be compensated as provided in this section. The compensation provided by this section shall be in place of all fees, commissions, emoluments, and perquisites of whatever kind formerly allowed to the coroner for his services as such. (b) The coroner shall receive a salary of $500.00 per month which shall be paid from the funds of Walker County. (c) The governing authority of Walker County is also authorized to reimburse the coroner from funds of Walker County for motor vehicle expenses and other expenses incurred in the performance of his duties. Such reimbursement shall be subject to such limits, conditions, and regulation as may be specified 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 given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act placing the coroner of Walker County on an annual salary, approved March 29, 1985 (Ga. L. 9186, p.2710), as amended, so as to change the provisions relating to the compensation of the coroner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
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This 3rd day of February, 1987. W. E. McGill 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 6, 1987. /s/ Forest Hays, Jr. Representative, 1st District Sworn to and subscribed before me, this 10th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. LAMAR COUNTY COUNTY MANAGER; OFFICE CREATED. No. 260 (House Bill No. 769). AN ACT To create the office of county manager of Lamar County; to provide for the appointment of the county manager; to provide for the powers, duties, and responsibilities of the county manager;
4400
to provide for other matters relative to the office of county manager; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) There is created the office of county manager of Lamar County. The county manager shall be appointed in the manner provided for by the board of commissioners of Lamar County to serve at the pleasure of said board. No member of the board shall be appointed county manager during the term of office for which he is elected or for a period of one year thereafter. (b) The county manager shall be chosen by the board of commissioners of Lamar County solely upon the basis of his administrative qualifications with specific reference to his actual experience in or knowledge of accepted practices in respect to the duties of his office as set forth in subsection (c). (c) The county manager shall be the administrative head of the county government. He shall be responsible to the board for the proper and efficient administration of all affairs of the county except as otherwise provided by law. It shall be his duty: (1) Except as otherwise provided by law, to appoint and remove all subordinate officers and employees of all departments of the county which the commissioners have heretofore been empowered to appoint and discharge, with the exception of the county attorney, the county auditor, and the county physician; (2) To see that all laws and ordinances of the county are enforced; (3) To exercise control over all departments or divisions of the county which the board has heretofore exercised or that may hereafter be created; (4) To prepare and submit to the board of commissioners an annual budget; (5) To keep the board of commissioners fully advised as to the financial condition and needs of said county;
4401
(6) To supervise and direct the official conduct of all appointive county officers and department heads except as may be otherwise provided in this section; (7) 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; (8) To supervise the performance of all contracts made by any person for work done for Lamar County and to supervise and regulate all purchases of materials and supplies for Lamar County within such limitations and under such rules and regulations as may be imposed by the board of commissioners; (9) The county manager shall be vested with the authority to countersign with the chairman of the board of commissioners or, in his absence from the county, the vice chairman, all payroll checks for employees of Lamar County; and (10) To perform such other administrative duties as shall be established by the board of commissioners. (d) The board of commissioners shall have the right to require the county manager to appear before them at any time and make such reports, oral or written, as they deem necessary. (e) The county manager shall be required to execute and deliver a good and sufficient bond payable to Lamar County to be approved by the board of commissioners and conditioned upon the faithful performance of his duties. The amount of said bond shall be determined by the board of commissioners. Said bond shall be delivered to the board within five days of the county manager assuming his duties and upon receipt shall be filed by the chairman of the board in the office of the clerk of Superior Court of Lamar County. (f) Before entering upon his duties, the county manager shall take and subscribe an oath for the faithful performance of his duties under this Act, which oath shall be duly entered upon the minutes of the board of commissioners. (g) The county manager may be suspended or removed at the pleasure of the board of commissioners by a majority vote of the board of commissioners.
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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 1987 session of the General Assembly of Georgia, a bill to create the office of County Manager of Lamar County; to provide for all related matters; and for other purposes. This 9th day of January 1987. Larry Smith Representative 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 Barnesville Herald-Gazette which is the official organ of Lamar County, on the following date: January 14, 1987. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 20th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
4403
LEE COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS. No. 261 (House Bill No. 770). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lee 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, 1988, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lee 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 hereby given that a bill will be introduced during the 1987 General Assembly of the State of Georgia providing for staggered registration periods for motor vehicles in Lee County, Georgia pursuant to O.C.G.A. Section 40-2-20.1. CANNON MEYER von BREMEN WILLIAM E. CANNON, JR. Attorneys for LEE COUNTY, GEORGIA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District,
4404
and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lee County Ledger which is the official organ of Lee County, on the following date: January 1, 1987. /s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 11th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. FAYETTE COUNTY CLERK OF THE SUPERIOR COURT; COMPENSATION. No. 262 (House Bill No. 779). AN ACT To amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, approved March 10, 1965 (Ga. L. 1965, p. 2237), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4973), so as to change the provisions relative to the compensation of the 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 abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, approved
4405
March 10, 1965 (Ga. L. 1965, p. 2237), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4973), is amended by striking from subsection (a) of Section 2 of this Act the following: $34,750.00, and substituting in lieu thereof the following: $36,480.00, so that when so amended said subsection (a) shall read as follows: (a) The clerk of the Superior Court of Fayette County shall receive an annual salary of $36,480.00, payable in equal monthly installments from the funds of Fayette County. This salary shall be the clerk of the superior court's full and complete compensation and shall be in lieu of all other fees or emoluments now or hereafter authorized by law. All funds collected from any source by the clerk of the superior court shall be county funds and shall be paid into the county treasury. Should the compensation from all sources as authorized under general laws ever exceed the salary provided for in this subsection, the provisions of general law shall prevail. 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 introduced in the 1987 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation for the Clerk of the Superior Court of Fayette County (Ga. L. 1965, p. 2237, as amended, Ga. L. 1985, p. 4973, as amended) so as to increase the salary of the Clerk of the Superior Court of Fayette County; to repeal conflicting laws and for other purposes. William R. McNally County Attorney Fayette County
4406
GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Heard, Jr., who, on oath, deposes and says that he is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County, on the following date: February 4, 1987. /s/ Paul W. Heard, Jr. Representative, 43rd District Sworn to and subscribed before me, this 10th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. FAYETTE COUNTY MAGISTRATES; ELECTIONS. No. 263 (House Bill No. 780). AN ACT To amend an Act relating to the Magistrate Court of Fayette County, approved April 1, 1983 (Ga. L. 1983, p. 4707), so as to provide that the magistrates of Fayette County shall be nominated and elected in the general nonpartisan primary and general nonpartisan election; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. An Act relating to the Magistrate Court of Fayette County, approved April 1, 1983 (Ga. L. 1983, p. 4707), is amended by striking subsection (d) of Section 2 which reads as follows: (d) The magistrates shall be elected at the November, 1984, general election by the voters of the county, in a partisan election in the same manner as county officers are elected, for a term beginning on the first day of January following their election. Their successors shall likewise be elected quadrennially thereafter for terms beginning on the first day of January following their election. Vacancies for any reason shall be filled by appointment by the chief judge of the Superior Court of Fayette County., and inserting in its place a new subsection to read as follows: (d) The magistrates in office on the effective date of this subsection shall serve out the terms for which they were elected. Their successors shall be nominated and elected by the voters of Fayette County in the 1988 general nonpartisan primary and general nonpartisan election in the same manner as state court judges are elected, for a term beginning on the first day of January next following their election. Future successors shall likewise be elected at the nonpartisan general primary and nonpartisan general election quadrennially thereafter, for terms of office beginning on the first day of January next following their election. The terms of all magistrates shall be for four years and until their successors are elected and qualified. Vacancies for any reason shall be filled by appointment by the chief judge of the Superior Court of Fayette 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 1987 Session of The General Assembly of Georgia a Bill to provide that the Election to office of Magistrate of Fayette County, Georgia shall be on a non-partisian ballot and a person seeking the Office of Magistrate of Fayette County shall qualify on a nonpartisian basis; and for other purposes.
4408
This 28 day of January, 1987 A. K. Melear Chief Magistrate PUBLISHERS AFFIDAVIT STATE OF GEORGIA COUNTY OF FAYETTE Personally appeared before the undersigned officer in and for said State and County, GARY CORNWELL, who on oath deposes and says that he is the publisher of the FAYETTE COUNTY NEWS, a newspaper in which advertisements appear for the Fayette County Sheriff and said paper being the legal organ for the County of Fayette, and does further state that a copy of an advertisement which is attached hereto, was published in said newspaper on the following date, to wit: February 4, 1987. /s/ Gary Cornwell Sworn to and subscribed before me this 5th day of February, 1987 /s/ Helen S. Teague NOTARY PUBLIC (SEAL) Approved March 19, 1987.
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FAYETTE COUNTY BOARD OF COMMISSIONERS; COMPENSATION; EXPENSES. No. 264 (House Bill No. 781). AN ACT To amend an Act creating the Board of Commissioners of Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), as amended, particularly by an Act approved March 30, 1977 (Ga. L. 1977, p. 4264) and an Act approved March 13, 1978 (Ga. L. 1978, p. 3393), so as to provide for an increase in the amount of compensation for the chairman of the Board of Commissioners of Fayette County and members of the Board of Commissioners of Fayette County; to provide for a subsequent increase in the amount of such compensation and in the maximum reimbursement for reasonable and necessary expenses incurred by the chairman of the Board of Commissioners of Fayette County and the members of the Board of Commissioners of Fayette County; to provide for related matters; 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 creating the Board of Commissioners of Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), as amended, particularly by an Act approved March 30, 1977 (Ga. L. 1977, p. 4264) and an Act approved March 13, 1978 (Ga. L. 1978, p. 3393), is amended by striking Section 7 which reads as follows: Section 7. The chairman of the board shall be compensated in the amount of $1,800.00 per annum, payable in equal monthly installments from the funds of Fayette County. The other four members of the board shall be compensated in the amount of $1,200.00 per annum each, payable in equal monthly installments from the funds of Fayette County., 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 $3,600.00 per annum,
4410
payable in equal monthly installments from the funds of Fayette County. The other four members of the Board of Commissioners of Fayette County shall be compensated in the amount of $2,400.00 per annum each, payable in equal monthly installments from the funds of Fayette County. Section 2. Said Act is further amended by striking Sections 7 and 7A which read as follows: Section 7. The chairman of the board shall be compensated in the amount of $3,600.00 per annum, payable in equal monthly installments from the funds of Fayette County. The other four members of the Board of Commissioners of Fayette County shall be compensated in the amount of $2,400.00 per annum each, payable in equal monthly installments from the funds of Fayette County. Section 7A. The chairman and members of the Board of Commissioners of Fayette County shall be reimbursed for their reasonable and necessary expenses incurred in the performance of their duties within the limits provided in this section. The chairman shall be reimbursed for such expenses in an amount not to exceed $3,000.00 per year and the other members of the board of commissioners shall each be reimbursed for their expenses in an amount not to exceed $2,400.00 per year. The reimbursement of such expenses shall be paid from the funds of Fayette County under such procedures as shall be provided for by the board of commissioners., and inserting in their place new Sections 7 and 7A to read as follows: Section 7. The chairman of the board of commissioners shall be compensated in the amount of $7,200.00 per annum, payable in equal monthly installments of $600.00 per month from the funds of Fayette County. The other four members of the Board of Commissioners of Fayette County shall be compensated in the amount of $6,000.00 per annum each, payable in equal monthly installments of $500.00 per month from the funds of Fayette County. Section 7A. The chairman and the members of the Board of Commissioners of Fayette County shall be reimbursed
4411
for their reasonable and necessary expenses incurred in the performance of their duties within the limits provided in this section. The chairman of the board of commissioners shall be reimbursed for such expenses in an amount not to exceed $350.00 per month nor $4,200.00 per annum and the other members of the Board of Commissioners of Fayette County shall each be reimbursed for their expenses in an amount not to exceed $250.00 per month nor $3,000.00 per annum. The reimbursement of such expenses shall be paid from the funds of Fayette County under such procedures as shall be provided for by the Board of Commissioners of Fayette County. Section 3. Section 1 of this Act shall become effective on the first day of the month following the month in which this Act is approved by the Governor or becomes law without such approval. Section 2 of this Act shall become effective January 1, 1989. 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, pursuant to O.C.G.A. Section 28-1-14, that legislation will be introduced in the General Assembly of the State of Georgia at the 1987 session to amend Georgia Laws 1959, page 2431 et. seq. and as thereafter amended so as to increase the compensation of the Chairman of the Board of Commissioners of Fayette County and members of the Board of Commissioners of Fayette County; to increase the monthly expenses provided to the Chairman of the Board of Commissioners of Fayette County and members of the Board of Commissioners of Fayette County; and for other purposes. This 31st day of December, 1986 William R. McNally County Attorney, Fayette County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Heard, Jr., who,
4412
on oath, deposes and says that he is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County, on the following date: January 7, 1987. /s/ Paul W. Heard, Jr. Representative, 43rd District Sworn to and subscribed before me, this 4th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. FAYETTE COUNTY SHERIFF; COMPENSATION. No. 265 (House Bill No. 782). AN ACT To amend an Act abolishing the fee system of compensation for the sheriff of Fayette County, approved March 24, 1965 (Ga. L. 1965, p. 2585), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4479), so as to change the provisions relative to the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
4413
Section 1. An Act abolishing the fee system of compensation for the sheriff of Fayette County, approved March 24, 1965 (Ga. L. 1965, p. 2585), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4479), is amended by striking from Section 2 of said Act the following: $37,750.00, and substituting in lieu thereof the following: $39,876.00, and by replacing the word subsection with the word section so that when so amended said Section 2 shall read as follows: Section 2. The Sheriff of Fayette County shall receive an annual salary of $39,876.00, payable in equal monthly installments from the funds of Fayette County. This salary shall be the sheriff's full and complete compensation and shall be in lieu of all other fees or emoluments now or hereafter authorized by law. All funds collected from any source by the sheriff shall be county funds and shall be paid into the county treasury. Should the compensation from all sources as authorized under general laws ever exceed the salary provided for in this section, the provisions of general law shall prevail. 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 introduced in the 1987 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation for the Sheriff of Fayette County (Ga. L. 1965, p. 2585, as amended, Ga. L. 1985, p. 4479, as amended) so as to increase the salary of the Sheriff of Fayette County; to repeal conflicting laws and for other purposes. William R. McNally County Attorney Fayette County
4414
GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Heard, Jr., who, on oath, deposes and says that he is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County, on the following date: February 4, 1987. /s/ Paul W. Heard, Jr. Representative, 43rd District Sworn to and subscribed before me, this 10th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. FAYETTE COUNTY JUDGE OF THE PROBATE COURT; COMPENSATION. No. 266 (House Bill No. 783). AN ACT To amend an Act abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, approved March 24, 1965 (Ga. L. 1965, p. 2621), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4477), so as to change the provisions relative to the compensation of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
4415
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, approved March 24, 1965 (Ga. L. 1965, p. 2621), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4477), is amended by striking from subsection (a) of Section 2 of said Act the following: $34,750.00, and substituting in lieu thereof the following: $36,480.00, so that when so amended said subsection (a) shall read as follows: (a) The judge of the Probate Court of Fayette County shall receive an annual salary of $36,480.00, payable in equal monthly installments from the funds of Fayette County. This salary shall be the judge of the probate court's full and complete compensation and shall be in lieu of all other fees or emoluments now or hereafter authorized by law. All funds collected from any source by the judge of the probate court shall be county funds and shall be paid into the county treasury. Should the compensation from all sources as authorized under general laws ever exceed the salary provided for in this subsection, the provisions of general law shall prevail. 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 introduced in the 1987 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation for the Judge of the Probate Court of Fayette County (Ga. L. 1965, p. 2621, as amended,
4416
Ga. L. 1985, p. 4477, as amended) so as to increase the salary of the Judge of the Probate Court of Fayette County; to repeal conflicting laws and for other purposes. William R. McNally County Attorney Fayette County STATE OF GEORGIA COUNTY OF FAYETTE PUBLISHERS AFFIDAVIT Personally appeared before the undersigned officer in and for said State and County, GARY CORNWELL, who on oath deposes and says that he is the publisher of the Fayette County News, a newspaper in which advertisements appear for the Fayette County Sheriff and said paper being the legal organ for the County of Fayette, and does further state that a copy of an advertisement which is attached hereto, was published in said newspaper on the following date, to wit: February 4, 1987. /s/ Gary Cornwell Sworn to and subscribed before me this 5th day of February, 1987. /s/ Helen S. Teague NOTARY PUBLIC (SEAL) Approved March 19, 1987.
4417
FAYETTE COUNTY TAX COMMISSIONER; COMPENSATION. No. 267 (House Bill No. 784). AN ACT To amend an Act creating the office of tax commissioner of Fayette County, approved January 26, 1956 (Ga. L. 1956, p. 2022), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4475), so as to change the provisions relative to 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 Fayette County, approved January 26, 1956 (Ga. L. 1956, p. 2022), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4475), is amended by striking from subsection (a) of Section 4 of said Act the following: $34,750.00, and substituting in lieu thereof the following: $36,480.00, so that when so amended said subsection (a) shall read as follows: (a) The tax commissioner of Fayette County shall receive an annual salary of $36,480.00, payable in equal monthly installments from the funds of Fayette County. This salary shall be the tax commissioner's full and complete compensation and shall be in lieu of all other fees or emoluments now or hereafter authorized by law. All funds collected from any source by the tax commissioner shall be county funds and shall be paid into the county treasury. Should the compensation from all sources as authorized under general laws ever exceed the salary provided for in this subsection, the provisions of general law shall prevail.
4418
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 introduced in the 1987 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation for the Tax Commissioner of Fayette County (Ga. L. 1956, p. 2022, as amended, Ga. L. 1973, p. 3214, as amended and Ga. L. 1985, p. 4475, as amended) so as to increase the salary of the Tax Commissioner of Fayette County; to repeal conflicting laws and for other purposes. William R. McNally County Attorney Fayette County STATE OF GEORGIA COUNTY OF FAYETTE PUBLISHERS AFFIDAVIT Personally appeared before the undersigned officer in and for said State and County, GARY CORNWELL, who on oath deposes and says that he is the publisher of the Fayette County News, a newspaper in which advertisements appear for the Fayette County Sheriff and said paper being the legal organ for the County of Fayette, and does further state that a copy of an advertisement which is attached hereto, was published in said newspaper on the following date, to wit: February 4, 1987. /s/ Gary Cornwell Sworn to and subscribed before me this 5th day of February, 1987. /s/ Helen S. Teague NOTARY PUBLIC (SEAL) Approved March 19, 1987.
4419
CITY OF REIDSVILLE COUNCIL; POSTS; WARDS; ELECTIONS. No. 268 (House Bill No. 801). AN ACT To amend an Act to create a new charter for the City of Reidsville, approved March 13, 1978 (Ga. L. 1978, p. 3273), as amended by an Act approved April 11, 1979 (Ga. L. 1979, p. 4388), so as to provide for the redistricting of the city into two wards; to provide for posts for members of the council; to provide for the election of members of the council; to provide for certain qualifications and requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to create a new charter for the City of Reidsville, approved March 13, 1978 (Ga. L. 1978, p. 3273), as amended by an Act approved April 11, 1979 (Ga. L. 1979, p. 4388), is amended by striking Section 2.1 and inserting in its place a new Section 2.1 to read as follows: Section 2.1. Creation; Composition; Number; Election. The legislative authority of the government of the City of Reidsville, except as otherwise specifically provided for in this Charter, shall be vested in a city council to be composed of a mayor and five councilmen, to be held as council Posts 1 and 2 of Ward 1 and council Posts 1, 2, and 3 of Ward 2. 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 Section 5.1 and inserting in its place a new Section 5.1 to read as follows: Section 5.1. Wards; Regular Election; Time for Holding. (a) For the purpose of electing members of the city council, the City of Reidsville shall be divided into two wards as follows:
4420
Ward 1 Beginning where Lloyd Street intersects the northeastern City Limits of Reidsville; southwest along Lloyd Street to its intersection with Alexander Avenue; northwest along Alexander Avenue to Brumby Avenue; southwest along Brumby Avenue to Register Avenue; southeast along Register Avenue to Palmetto Avenue; southwest and south along Palmetto Avenue to Kemp Street; west and southwest along Kemp Street to Chandler Avenue; northwest along Chandler Avenue to Brumby Avenue; southwest along Brumby Avenue to Main Street (Georgia 23-121); south along Main Street to Coleman Street; southwest along Coleman Street to James Street; southeast along James Street to Oak Street; southwest along Oak Street to College Avenue; northwest along College Avenue to Brumby Avenue/Rewis Street; southwest along Brumby Avenue/Rewis Street to Smith Avenue; south and west along Smith Avenue to an unnamed street; southwest along this unnamed street to Leigh Circle; northwest and northeast along Leigh Circle to Smith Avenue; northwest along Smith Avenue to Tattnall Street (Georgia 147); southwest along Tattnall Street to the southwestern City Limits of Reidsville; and southeast, northeast, and northwest along the City Limits of Reidsville to the point of beginning. Ward 2 Beginning where Lloyd Street intersects the northeasten City Limits of Reidsville; southwest along Lloyd Street to its intersection with Alexander Avenue; northwest along Alexander Avenue to Brumby Avenue; southwest along Brumby Avenue to Register Avenue; southeast along Register Avenue to Palmetto Avenue; southwest and south along Palmetto Avenue to Kemp Street; west and southwest along Kemp Street to Chandler Avenue; northwest along Chandler Avenue to Brumby Avenue; southwest along Brumby Avenue to Main Street (Georgia 23-121); south along Main Street to Coleman Street; southwest along Coleman Street to James Street; southeast along James Street to Oak Street; southwest along Oak Street to College Avenue; northwest along College Avenue to Brumby Avenue/Rewis Street; southwest along
4421
Brumby Avenue/Rewis Street to Smith Avenue; south and west along Smith Avenue to an unnamed street; southwest along this unnamed street to Leigh Circle; northwest and northeast along Leigh Circle to Smith Avenue; northwest along Smith Avenue to Tattnall Street (Georgia 147); southwest along Tattnall Street to the southwestern City Limits of Reidsville; and northwest, south, southwest, northwest, northeast, northwest, northeast, and southeast along the City Limits of Reidsville to the point of beginning. (b) The two offices of councilmen from Ward 1 shall be designated Post 1 and Post 2 and the three offices of councilmen from Ward 2 shall be designated Post 1, Post 2, and Post 3. Any person desiring to offer as a candidate for councilman shall designate the post for which such person is announcing. Such person shall be a bona fide resident of the ward in which such post is located immediately prior to such person's official qualification as a candidate for such office and shall continue to reside therein during such councilman's period of service. Each councilman shall be elected by a majority vote of the qualified voters voting in such election and residing in the ward in which such councilman offers as a candidate. (c) On the first Tuesday in December, biennially, and as more particularly set forth in this section, there shall be an election for the office of three councilmen and, biennially, the office of mayor and two councilmen. (d) On the first Tuesday in December, 1987, and thereafter every four years, there shall be an election for the mayor and for councilman Post 1, Ward 1 and councilman Post 3, Ward 2 for a term of four years and until their respective successors are elected and qualified. The councilman seat held by Northern Anderson on January 1, 1987, shall be designated as Post 1, Ward 1 and the councilman seat held by Billy Ryals on January 1, 1987, shall be designated as Post 3, Ward 2. On the first Tuesday in December, 1989, and thereafter every four years, there shall be an election for councilman Post 2, Ward 1; Post 1, Ward 2; and Post 2, Ward 2 for a term of four years and until their respective successors are elected and qualified. The councilman seat held by Tommy Jordan on January 1, 1987, shall be designated
4422
as Post 2, Ward 1; the councilman seat held by Charles Balkcom on January 1, 1987, shall be designated as Post 1, Ward 2; and the councilman seat held by Spencer Youngblood on January 1, 1987, shall be designated as Post 2, Ward 2. (e) The terms of office of members of the council and the mayor shall being at the day and hour of taking the oath of office as provided in Article II, Section 2.12 of this Charter. (f) The mayor and councilmen in office on January 1, 1987, shall remain in office until the expiration of the term to which they were elected and until their successors are elected and qualified. Section 3. Said Act is further amended by striking Section 5.2 and inserting in its place a new Section 5.2 to read as follows: Section 5.2. Qualifying; Nomination of Candidates; Absentee Ballots. 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 election in the City of Reidsville. 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 1987 session of the General Assembly of Georgia a bill to amend an Act to create a new charter for the City of Reidsville, approved March 13, 1978 (Ga. L. 1978, p. 3273); and for other purposes. This 2nd day of February, 1987. CHARLES K. REWIS GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clinton Oliver, who, on
4423
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: February 5, 1987. /s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 9th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. MUSCOGEE COUNTY STATE COURT; ADDITIONAL JUDGE AND ASSISTANT SOLICITOR; COMPENSATION OF JUDGES AND ASSISTANT SOLICITORS. No. 269 (House Bill No. 805). AN ACT To amend an Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, so as to create an additional judge for said court; to provide for other matters relative thereto; to provide for the compensation of the judges of the state court; to provide for an additional full-time assistant solicitor; to provide for the duties and fix the compensation of the full-time assistant solicitors; to provide an effective date; to repeal conflicting laws; and for other purposes.
4424
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, is amended by adding between Section 2 and Section 3 a new Section 2.1 to read as follows: Section 2.1. (a) Effective July 1, 1987, there shall be created a second judgeship for the State Court of Muscogee County. The judge of the state court in office on July 1, 1987, shall continue to serve the term of office to which he was elected. The second judge, added effective July 1, 1987, shall be appointed by the Governor for an initial term of office ending December 31, 1988, and until his successor is elected and qualified. Thereafter, successors to the judge created by this section shall be elected in the same manner and for the same term as is the judge of the state court in office on July 1, 1987. (b) The judge with the longest service on the state court shall be designated its chief judge. Consistent with the uniform rules of the superior court as adopted by the state courts, the chief judge shall have the responsibility and control of both the criminal and civil dockets and any rules promulgated in relation to the listing and the disposition of cases on said dockets. Section 2. Said Act is further amended by striking in their entirety subsections (a) and (b) of Section 3A and inserting in lieu thereof new subsections (a) and (b) to read as follows: Section 3A. (a) The judge of the State Court of Muscogee County shall receive an annual salary of $50,000.00 which shall be paid in equal monthly installments from the funds of Muscogee County. (b) The solicitor of said court shall receive an annual salary of $36,000.00 which shall be paid in equal monthly installments from the funds of Muscogee County. The solicitor shall devote his full time to the duties of his office and shall not engage in the private practice of law during his tenure of office.
4425
Section 3. Said Act is further amended by striking Section 3B in its entirety and inserting in lieu thereof a new Section 3B to read as follows: Section 3B. (a) In addition to the assistant solicitor of the State Court of Muscogee County now provided for by law, two full-time assistant solicitors may be appointed by the solicitor. The full-time assistant solicitors shall serve at the pleasure of the solicitor. (b) Each assistant solicitor shall have been admitted to the State Bar of Georgia. He shall devote his full time to the duties of his office and shall not engage in the private practice of law during his tenure of office. (c) Each full-time assistant solicitor of said court shall be compensated in an amount not less than $20,000.00 per annum nor more than $27,000.00 per annum, said amount to be determined by the solicitor and to be paid in equal monthly installments from the funds of Muscogee County. Section 4. This Act shall become effective on July 1, 1987, except that the Governor is authorized to appoint the additional judge added by Section 1 of this Act prior to such date, but any person so appointed shall not take office until such date. Section 5. 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, 1987, session of the General Assembly of Georgia, a bill to amend an Act establishing a City court in the City of Columbus of Muscogee County, Georgia (now known as the State Court of Muscogee County), approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, so as to create an additional judgeship for said court and so as to change the salary of the existing judge and to provide a salary for the additional judge; to provide for the designation of a Chief Judge and to define his responsibilities with respect to the handling of dockets and the promulgation of rules for the listing and disposition of cases on said dockets; to provide an effective date; to repeal conflicting laws, and for other purposes.
4426
This the 5th day of January, 1987. E. H. Polleys, Jr. City Attorney Columbus, Georgia 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 5, 1987. /s/ Thomas B. Buck III Representative, 95th District Sworn to and subscribed before me, this 12th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
4427
MUSCOGEE COUNTY CHIEF MAGISTRATE; COMPENSATION. No. 270 (House Bill No. 806). AN ACT To amend an Act providing that the judge of the Municipal Court of Columbus and Muscogee County shall serve as the chief magistrate of the Magistrate Court of Muscogee County, approved March 12, 1984 (Ga. L. 1984, p. 4109), so as to change the compensation provisions relating to the chief magistrate; 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 that the judge of the Municipal Court of Columbus and Muscogee County shall serve as the chief magistrate of the Magistrate Court of Muscogee County, approved March 12, 1984 (Ga. L. 1984, p. 4109), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. Notwithstanding the provisions of Section 10 of an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4214), the judge of the Municipal Court of Columbus and Muscogee County shall be compensated for his services as chief magistrate in the amount of $200.00 per month to be paid from county funds. Such compensation shall be in addition to any compensation received by the judge for services as the judge of the Municipal Court of Columbus and Muscogee 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.
4428
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to provide for additional compensation of the Chief Magistrate of Muscogee County and for other purposes. This 13th day of January, 1987. William S. Cain, Jr. Chief Magistrate 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 13, 1987. /s/ Thomas B. Buck III Representative, 95th District Sworn to and subscribed before me, this 12th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
4429
COWETA COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS. No. 271 (House Bill No. 813). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Coweta 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, 1988, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Coweta 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 1987 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 Coweta County during designated registration periods; and for other purposes. This 6th day of February, 1987. J. Neal Shepard, Jr. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Neal Shepard, Jr., who, on oath, deposes and says that he is Representative from the
4430
71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Newnan Times-Herald which is the official organ of Coweta County, on the following date: February 12, 1987. /s/ J. Neal Shepard, Jr. Representative, 71st District Sworn to and subscribed before me, this 13th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. SPALDING COUNTYCHIEF MAGISTRATE; COMPENSATION. No. 272 (House Bill No. 819). AN ACT To amend an Act providing for the salary and compensation of the chief magistrate of Spalding County, approved March 27, 1985 (Ga. L. 1985, p. 4435), so as to change the compensation of the chief magistrate of Spalding 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. An Act providing for the salary and compensation of the chief magistrate of Spalding County, approved March
4431
27, 1985 (Ga. L. 1985, p. 4435), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. Pursuant to subsection (d) of Code Section 15-10-23 of the Official Code of Georgia Annotated, and effective July 1, 1987, the salary of the chief magistrate of Spalding County shall be $27,500.00 per annum. 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. Said salary shall be apportioned and payable for the last six months of 1987 at said annual rate and thereafter it shall be payable for each subsequent year at said annual rate from the funds of Spalding County. Said salary shall be payable, as accrued, in equal monthly installments on the last day of each month. Section 3. This Act shall become effective on July 1, 1987. 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 1987 Session of the General Assembly of Georgia a Bill to change the compensation of the Chief Magistrate of Spalding County; to repeal conflicting laws and for other purposes. This 6th day of January, 1987. Maureen C. Jackson, as Clerk of the Board of Commissioners of Spalding County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John L. Mostiler, who, on
4432
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: January 9, 16, 23, and 30, 1987. /s/ John L. Mostiler Representative, 75th District Sworn to and subscribed before me, this 12th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. SPALDING COUNTYBOARD OF ELECTIONS; CREATION. No. 273 (House Bill No. 820). AN ACT To provide for a board of elections for Spalding County; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation, and removal of its members; to provide for the qualifications and terms of its members; to provide for a chairman, clerical assistants, and other employees; to provide for compensation of such persons and members of the board; to relieve the judge of the probate court from certain responsibilities; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. There is created a board of elections for Spalding County which shall have jurisdiction over the conduct of primaries and elections in such county. Section 2. The board of elections shall be composed of five members, each of whom shall be at least 21 years of age and an elector of Spalding County and shall have been a resident of said county for at least two years next preceding the appointment of such member and each of whom shall be appointed as provided in this Act. Two members shall be appointed by the chairman of the county executive committee of the political party whose candidates, at the last preceding general election, received the largest number of votes in this state for members of the General Assembly. 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. The remaining member of the board shall be selected by the other four members of the board. Each of the appointments by political parties shall be made and certified as follows: The member shall be nominated by the chairman and ratified by the county executive committee of each of the above-designated political parties at least 40 days before the beginning of the term of office, or within 40 days after the creation of a vacancy in the office, and the certification of the appointment of each member shall be made by the executive committee filing an affidavit with the clerk of the superior court no later than 30 days preceding the date at 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. The selection and appointment of the fifth member of the board shall be made at least 30 days before the beginning of his term of office or within 30 days after the creation of a vacancy in the office, and certification of the appointment of such member shall be made by any of the other members of the board filing an affidavit with the clerk of the superior court no later than 20 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 selected and appointed as provided in this Act. If the appointment of any such member of the board of elections is not made and certified as provided in this Act, such member shall be appointed forthwith by the governing authority of Spalding County and, within five days after such appointment, certification
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thereof shall be made by any member of the governing authority filing an affidavit with the clerk of the superior court stating the name and residential address of the person appointed and certifying that such member has been duly selected and appointed as provided in this Act. Section 3. The clerk of the superior court shall record each such certification on the minutes of the court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of an appropriate commission to the member within the same time and in the same manner as provided by law for registrars. Section 4. No person who holds an elective public office shall be eligible to serve as a member of the board of elections during the term of his elective office, and the position of any member shall be deemed vacant upon such member qualifying as a candidate in any primary or election for public office. No person shall be eligible to serve as a member of the board of elections while holding any public office to which he was appointed or while he is a salaried employee of the governing authority of Spalding County or of any municipality within the county or of any board of education or commission, board, or authority appointed by the governing authority of the county or any municipality within the county, except that members of the board of elections are eligible for reappointment. Section 5. In making the initial appointments to the board, two of such members, one being appointed by the chairman of the county executive committee of each of the two political parties as specified in Section 2 of this Act, shall be selected and appointed for terms beginning on May 1, 1987, and ending on December 31, 1988, and until their respective successors are duly appointed and qualified. The remaining three members of the board shall be selected and appointed, as provided in Section 2 of this Act, for terms beginning on May 1, 1987, and ending on December 31, 1990, and until their respective successors are duly appointed and qualified. Thereafter, successors shall be appointed for terms of four years and until their respective successors are duly appointed and qualified. Terms of office shall begin, respectively, on the first day of January following the expiration of their immediately preceding terms of office. The board shall select one of its members to serve as chairman of
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the board for an initial term of office beginning on May 1, 1987, and ending on December 31, 1988, and until his successor is duly selected and qualified. Thereafter, successors in such office shall be selected, respectively, for terms of two years, beginning on the first day of January following the expiration of the immediately preceding term, and until their successors are duly selected and qualified. The chairman shall be the chief executive officer of the board and the board may, at its pleasure, specify his powers and duties; and, if so specified, the effective date of any revocation or decrease of such powers and duties shall be after the expiration of the current term of office of such chairman. The board may appoint such other officers to serve at the pleasure of the board and may specify their duties, powers, and authority as the board, from time to time, may deem proper. Section 6. Each member of the board of elections shall be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the appointing body and to the clerk of the superior court. Each member shall 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 provided for removal of registrars. Section 7. In the event a vacancy occurs in the office of any appointed member before the expiration of his term, by removal, death, resignation, or otherwise, the original appointing body shall appoint a successor to serve the remainder of the unexpired term as provided in this Act. Section 8. Before entering upon their duties, the members shall take substantially the same oath as required by law for registrars. Members shall have the same privileges from arrest as registrars. Section 9. The board of elections shall: (1) With regard to the preparation for, conduct, and administration of elections, succeed to and exercise all duties and powers granted to, and incumbent upon, the judge of the probate court pursuant to Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Election Code. (2) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and
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incumbent upon the judge of the probate court by the Georgia Election Code. (3) Formulate, adopt, and promulgate rules and regulations, consistent with law and the rules and regulations of the state executive committee of each political party, governing the conduct of primaries to the end that, insofar as is practicable, all primaries shall be uniformly conducted by the board of elections, poll workers shall be properly trained, and voters shall be adequately informed and instructed. Any rule or regulation promulgated by a county executive committee under the provisions of Code Section 21-2-111 of the Official Code of Georgia Annotated, shall be null and void if in conflict with a valid rule or regulation of the board of elections. Section 10. The board shall be responsible for the election, appointment, and training of all poll workers in elections and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party. Section 11. On May 1, 1987, the judge of the probate court shall be relieved from all powers and duties to which the board of elections succeeds by the provisions of this Act and 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 and description pertaining to such powers and duties. Section 12. The chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Section 13. Compensation for the members of the board of elections, its officers, clerical assistants, and other employees shall be such as may be fixed by the governing authority of the county. Said compensation shall be paid wholly from county funds.
4437
Section 14. The governing authority of the county shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. Section 15. 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 Official Code of Georgia Annotated, unless otherwise clearly apparent from the text of this Act. Section 16. 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 1987 Session of the General Assembly of Georgia a Bill to create and establish a Board of Elections of Spalding County; to provide for its membership, powers, duties and operation; to provide for its officers and personnel and their compensation and the payment of its expenses incurred; to provide an effective date; to repeal conflicting laws and for other purposes. This 22nd day of December, 1986. Maureen C. Jackson, as Clerk of the Board of Commissioners of Spalding County, Georgia 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: December 29, 1986. /s/ John L. Mostiler Representative, 75th District
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Sworn to and subscribed before me, this 13th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. CITY OF BYRON CORPORATE LIMITS. No. 274 (House Bill No. 825). AN ACT To amend an Act creating a new charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, particularly by an Act approved January 31, 1956 (Ga. L. 1956, p. 2026), so as to change the corporate limits of the city by incorporating certain additional territory therein; 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 new charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, particularly by an Act approved January 31, 1956 (Ga. L. 1956, p. 2026), is amended by adding immediately after Section 2 a new Section 2.1 to read as follows: Section 2.1. In addition to all other territory included within the corporate limits of the City of Byron, there shall also be included therein the following: (1) All that tract or parcel of land lying and being in Peach County, Georgia, and being more fully described as follows:
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All that tract or parcel of land situate, lying and being in Land Lot 16 of the Fifth (5th) Land District of Peach County, Georgia, being a certain tract of land containing 82 acres, more or less, and being part of the D. J. Walker Estate in Peach County, Georgia. The said property is bounded as follows: on the East of Housersmill Road, on the South and Southeast by the 247 Highway Connector (Powersville Road), on the West by Walker Road, and on the North by the South Land Lot line of Land Lot 17 of said district. For a plat of reference, see Parcel 37 on Map 53 of the Peach County Tax Maps dated February, 1980 and being drawing #1814. A copy of said map is referred hereto and incorporated herein. This is a portion of the property described in that certain Warranty Deed from E. M. Warren to David J. Walker recorded in Deed Book U, Page 62, Clerk's Office, Peach Superior Court and/or of record in Clerk's Office, Houston Superior Court. All that tract or parcel of land situate, lying and being in the Southeast corner of Land Lot 17 of the Fifth (5th) Land District of Peach County, Georgia, being a certain 97.063 acre tract of land as shown on a plat of survey for Ralph B. Parrish prepared by Thomas W. Futral, III, in Map Book 14, Page 4, Clerk's Office, Peach Superior Court. Said plat and the recorded copy thereof are hereby made a part of this description by reference thereto for all purposes. 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, particularly by an Act approved January 31, 1956 (Ga. L. 1956, p. 2026), so as to change the corporate limits of the city by incorporating certain additional territory therein; to provide for related matters; to repeal conflicting laws; and for other purposes.
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This 2 day of February, 1987. Representative Robert Ray 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 11, 1987. /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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OCONEE COUNTY SCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 275 (House Bill No. 827). AN ACT To provide that the school superintendent of the Oconee 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 may be contractually agreed upon by the board and the superintendent for no more than four years; to provide that the board of education may provide for the school superintendent to serve at the pleasure of the board; 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 Oconee County School District in office on the effective date of this Act shall serve out the term for which elected. All future school superintendents of the Oconee County School District shall be appointed by the Oconee County Board of Education. The term of each school superintendent appointed by the board may be contractually agreed upon by the board of education and the school superintendent, but such term shall be for no more than four years; or the board may provide for the school superintendent to serve at the pleasure of the board. 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. 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
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office when this section becomes of full force and effect. In the event 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 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 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Oconee County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Oconee County School District for approval or rejection. The election superintendent shall conduct that election on the date of the Presidential Preference Primary on March 8, 1988, 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 Oconee County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act which provides that future school superintendents of the Oconee County School District shall be appointed by the board of education rather than elected by the voters be approved? All person 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 Oconee 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.
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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 1987 session of the General Assembly of Georgia a bill to provide that the school superintendent of the Oconee 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; and for other purposes. This 9th day of February, 1987. OCONEE COUNTY BOARD OF EDUCATION By: 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: February 12, 1987. /s/ Frank E. Stancil Representative, 66th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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BARROW COUNTY WATER AND SEWERAGE AUTHORITY CREATION. No. 276 (House Bill No. 829). AN ACT To create the Barrow County Water and Sewerage Authority; to provide for a short title; to provide for the membership of the authority and its rules, quorum, organization, meetings, and vacancies thereon; to provide for members of the authority and their appointment, terms, qualifications, and expenses; to provide for definitions; to provide for the powers, duties, and purposes of the authority; to provide for revenue bonds, trust indentures, and sinking funds; to provide for bond validations; to provide that certain credit shall not be pledged; to provide for exemption from taxation; to provide for bond proceeds; to provide for remedies and interest of bondholders; to provide for refunding bonds; to provide for venue and jurisdiction; to provide for moneys received and for rates, charges, and revenues; to provide for immunity; to provide for rules and regulations; to provide for supplemental powers; to provide for severability; to provide for the effect on other governments; to provide for construction; to provide for all 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. Short title. This Act shall be known and may be cited as the Barrow County Water and Sewerage Authority Act. Section 2. Barrow County Water and Sewerage Authority. (a) There is created a body corporate and politic, to be known as the Barrow 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.
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(b) The authority shall be composed of five members who shall be appointed by the governing authority of Barrow County. The terms of the initial members of the authority shall be staggered as follows: two members to serve for one year; two members to serve for two years; and one member to serve for three years. Successors to the initial members of the authority shall serve for terms of three 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, 1987, 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 Barrow 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 Barrow
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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 Barrow 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 Barrow 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 or
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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 Barrow 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 Barrow 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, the
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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 which is owned by a municipality or upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient
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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 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
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projects, as hereinabove defined, 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 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 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 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
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defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special 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
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have and are declared 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 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 Barrow 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
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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 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
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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
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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,
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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 Barrow 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 Barrow 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 of
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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 Barrow 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 or served by 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 or served by 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.
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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 Barrow 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 Barrow 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 Barrow 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.
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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 July 1, 1987, except that those parts of this Act relating to and necessary for appointing the initial members to the authority shall become effective June 1, 1987. 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 1987 SESSION OF THE GENERAL ASSEMBLY OF GEORGIA, A BILL TO CREATE THE BARROW COUNTY WATER SEWAGE AUTHORITY, AND FOR OTHER PURPOSES. THIS 4th DAY OF FEBRUARY, 1987. RUSSELL, ADAMSON STELL, P.C. By: -s- Richard B. Russell Richard B. Russell III Attorney for Barrow County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John O. Mobley, Jr., 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 11, 1987. /s/ John O. Mobley, Jr. Representative, 64th District
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Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. CITY OF LOUISVILLE CORONER AUTHORIZED TO HOLD CITY OFFICE. No. 277 (House Bill No. 832). AN ACT To amend an Act reincorporating the City of Louisville in Jefferson County, approved December 18, 1900 (Ga. L. 1900, p. 305), as amended, so as to provide that a person holding the office of coroner is specifically authorized to simultaneously hold any office of the City of Louisville; 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 reincorporating the City of Louisville in Jefferson County, approved December 18, 1900 (Ga. L. 1900, p. 305), as amended, is amended by adding after Section 14 a new Section 14.1 to read as follows: Section 14.1. Notwithstanding any other provision of law, any person holding the office of coroner is specifically authorized to simultaneously hold any office of the City of Louisville; and any officer of the City of Louisville is specifically authorized to simultaneously serve as coroner.
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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 1987 session of the General Assembly of Georgia a bill to amend an Act reincorporating the City of Louisville in Jefferson County, approved December 18, 1900 (Ga. L. 1900, p. 305), as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. This 12th day of February, 1987. E. E. Bargeron State Representative House District 108 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 Newsand Farmer and Wadley Herald which is the official organ of Jefferson County, on the following date: February 12, 1987. /s/ Emory E. Bargeron Representative, 108th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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HENRY COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 278 (House Bill No. 846). AN ACT To amend an Act providing a new board of commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4186), and an Act approved March 14, 1983 (Ga. L. 1983, p. 3958), so as to change the compensation of the members 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 providing a new board of commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4186), and an Act approved March 14, 1983 (Ga. L. 1983, p. 3958), is amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The chairman of the board shall receive an annual salary in an amount equal to 25 percent of the annual salary now or hereafter provided by general law for the sheriff of Henry County. The vice-chairman of the board shall receive an annual salary in an amount equal to 22.5 percent of the annual salary now or hereafter provided by general law for the sheriff of Henry County. The other members of the board shall receive an annual salary in an amount equal to 20 percent of the annual salary now or hereafter provided by general law for the sheriff of Henry County. Said salaries shall be payable in equal monthly installments out of the general funds of Henry County. The chairman and each other member of the board shall also receive an expense allowance for in-county travel, of $2,400.00 per annum, payable in equal monthly installments out of the funds of Henry 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.
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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 1987 session of the General Assembly of Georgia a bill to amend an Act providing for a board of commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended; and for other purposes. This 16th day of January, 1987. Honorable Wesley Dunn Representative, 73rd District 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 21, 1987. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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HENRY COUNTY BOARD OF COMMISSIONERS; QUALIFICATIONS. No. 279 (House Bill No. 847). AN ACT To amend an Act providing a new board of commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, so as to provide that no person shall be eligible to seek election to or to serve as a member of the board if such person holds or is seeking election to any other federal, state, or local office; 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 commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), 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. No person shall be eligible to seek election to or to serve as a member of the board if such person holds or is seeking election to any other federal, state, or local office. 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 1987 session of the General Assembly of Georgia a bill to amend an Act providing for a new board of commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended; and for other purposes.
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This 6th day of February, 1987. Honorable Wesley Dunn Representative, 73rd District 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: February 11, 1987. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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BARTOW COUNTY BOARD OF EDUCATION; ELECTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 280 (House Bill No. 851). 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. 210 (House Resolution No. 317-1005a) of the 1953 General Assembly, November-December Session (Ga. L. 1953, Nov.-Dec. Sess., p. 540) and which was duly ratified at the 1954 general election, as amended by Resolution Act No. 104 (House Resolution No. 269-687b) of the 1958 General Assembly (Ga. L. 1958, p. 495), which was ratified at the 1958 general election, and which relates to providing for the election of the members of the Board of Education of Bartow County 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. 210 (House Resolution No. 317-1005a) of the 1953 General Assembly, November-December Session (Ga. L. 1953, Nov.-Dec. Sess., p. 540) and which was duly ratified at the 1954 general election, as amended by Resolution Act No. 104 (House Resolution No. 269-687b) of the 1958 General Assembly (Ga. L. 1958, p. 495), which was ratified at the 1958 general election, and which relates to providing for the election of the members of the Board of Education of Bartow County 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.
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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 1987 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. 210 (House Resolution No. 317-1005a) of the 1953 General Assembly, November-December Session, (Ga. L. 1953, Nov.-Dec. Sess., p. 540) and which was duly ratified at the 1954 general election, as amended by Resolution Act No. 104 (House Resolution No. 269-687b) of the 1958 General Assembly (Ga. L. 1958, p. 495), which was ratified at the 1958 general election, and which relates to providing for the election of the members of the Board of Education of Bartow County by the people; and for other purposes. This 9th day of February, 1987. (s)Honorable Hugh Boyd Pettit, III Representative, 19th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Boyd Pettit III, 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 12, 1987. /s/ Hugh Boyd Pettit III Representative, 19th District
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Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. CANDLER COUNTY STATE COURT; NEW TRIALS. No. 281 (House Bill No. 856). AN ACT To amend an Act establishing the State Court of Candler County, approved July 29, 1920 (Ga. L. 1920, p. 364), as amended, so as to correct an inaccurate internal reference to certain general laws relating to the granting of new trials and to provide that the grounds and procedures for granting new trials in certain cases shall be followed as set forth in Chapter 5 of Title 5 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. An Act establishing the State Court of Candler County, approved July 29, 1920 (Ga. L. 1920, p. 364), as amended, is amended by striking Section 26 and inserting in its place a new Section 26 to read as follows: Section 26. The judge of the State Court of Candler County shall have power to grant new trials in cases civil or criminal in said court upon the same terms and conditions and under the same laws and regulations as govern the granting of new trials in the superior court. The grounds and
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procedure therefor shall be followed as set forth in Chapter 5 of Title 5 of the O.C.G.A., as amended. 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 1987 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Candler County, approved July 29, 1920 (Ga. L. 1920, p. 364), as amended; and for other purposes. This 4th day of February, 1987. Russell Mercer 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 Metter News and Advertiser which is the official organ of Candler County, on the following date: February 11, 1987. /s/ Larry J. Parrish Representative, 109th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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EMANUEL COUNTYBOARD OF ELECTIONS; CREATION. No. 282 (House Bill No. 858). AN ACT To provide a board of elections for Emanuel County; to define its powers and duties; to provide for appointment, resignation, and removal of its members; to provide for vacancies; to provide for the qualifications and terms of its members; to provide for a chairman, clerical assistants, and other employees; to provide for compensation of such persons and the members of the board; to relieve the judge of the probate court from certain responsibilities; to provide for oaths and privileges from arrest; to provide for the transfer of certain property to the board; to provide for offices, equipment, materials, and supplies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) For purposes of this Act, the term: (1) `Board' means the board of elections created by subsection (b) of this section. (2) `County' means Emanuel County. (3) `Superior court' means the Superior Court of Emanuel County. (b) Pursuant to the authority of Code Section 21-2-40 of the O.C.G.A., there is created a board of elections for Emanuel County which shall have jurisdiction over the conduct of primaries and elections in such county. Section 2. The board of elections shall be composed of three members, each of whom shall be an elector and resident of the county and who shall be appointed as provided in this section. One member of the board of elections shall be appointed by the political party which received the highest number of votes within the county for its candidate for Governor in the general
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election immediately preceding the appointment of the member, and one member of the board of elections shall be appointed by the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of the member. Each of the two appointments by political parties shall be made as follows: the member shall be nominated by the chairman and ratified by the county executive committee of each of the above-designated political parties at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office. The remaining member of the board shall be selected by the county governing authority. In making the initial appointments to the board, the members shall be selected within 30 days following the effective date of this Act. Initial members of the board shall serve until December 31, 1988, and until their successors are duly appointed and qualified. Thereafter, successors shall be appointed for terms of four years and until their successors are duly appointed and qualified. The member selected by the county governing authority shall serve as chairman of the board. Section 3. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such member qualifying as a candidate for elective public office. Section 4. Certification of the appointment of each member shall be made by the governing authority of the county filing an affidavit with the clerk of the superior court no later than 15 days preceding the date at 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. 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 such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars. Section 5. Each member of the board shall be eligible to succeed himself, shall have the right to resign at any time by giving written notice of his resignation to the appointing body
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and to the clerk of the superior court, and shall be subject to removal from the board by the appointing body 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 6. In the event a vacancy occurs in the office of any appointed member before the expiration of his term, by removal, death, resignation, or otherwise, the original appointing body shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 2 of this Act. 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 7. Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Section 8. The board of elections shall: (1) With regard to the preparation for, conduct, and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court pursuant to Title 21 of the O.C.G.A. or any other provision of law; (2) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and incumbent upon the judge of the probate court by Title 21 of the O.C.G.A.; and (3) Formulate, adopt, and promulgate rules and regulations, consistent with law and the 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 board of elections, poll workers shall be properly trained, and voters shall be adequately informed and instructed. Any rule or regulation promulgated by a county executive committee under the provisions of Code Section 21-2-111 of the O.C.G.A. shall be null and void if in conflict with a valid rule or regulation of the board of elections.
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Section 9. The 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 to the board by the county executive committee of each political party. Section 10. Thirty days after the effective date of this Act, the judge of the probate court shall be relieved from all powers and duties to which the board of elections succeeds by the provisions of this Act and shall deliver thereafter to the chairman of the board, upon the chairman's written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. Section 11. The chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. Section 12. Compensation for the members of the board of elections, clerical assistants, and other employees shall be such as may be fixed by the governing authority of the county. Said compensation shall be paid wholly from county funds. Section 13. The governing authority of the county shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistants and other employees as the governing authority shall deem appropriate. 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. All laws and parts of laws in conflict with this Act are repealed.
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Notice of Intent to Introduce Local Legislation Notice is hereby given that there will be introduced at the 1987 session of the General Assembly of the State of Georgia local legislation to create a Board of Elections for Emanuel County, Georgia and for other purposes. This 10th day of February, 1987. Woodruff D. Key, Jr. Chairman Emanuel County Board of Commissioners 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 11, 1987. /s/ Larry J. Parrish Representative, 109th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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CITY OF COLBERT MAYOR; TERM; REFERENDUM. No. 283 (House Bill No. 868). AN ACT To amend an Act creating a new charter for the City of Colbert, approved February 14, 1950 (Ga. L. 1950, p. 2417), as amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 2133), so as to change the term of the office of mayor; 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 Colbert, approved February 14, 1950 (Ga. L. 1950, p. 2417), as amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 2133), is amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 which shall read as follows: Section 7. That on the first Wednesday in December of each year an election shall be held in said city for the offices whose terms end on the first Monday in January of each year. That beginning with the election to be held on the first Wednesday in 1988 the office of mayor shall be for a two-year term. That on the first Wednesday of December, 1956, there shall be an election for two councilmen for terms of two years and for two councilmen for terms of one year. At the expiration of the terms of said councilmen their successors shall be elected for a term of two years on the first Wednesday in December as their terms shall expire. In the said election to be held on the first Wednesday in December, 1956, the two councilmen receiving the highest number of votes shall be declared elected for a term of two years. The two councilmen receiving the next highest number of votes shall be declared elected for a term of one year. On the first Monday in January after said election the newly elected officials-elect shall meet in the city hall or other designated place in said city and then and there severally take, before some officer authorized to administer oaths under the laws of Georgia, the following oath of office, to wit:
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`I do solemnly swear that I will well and truly demean myself as mayor (or councilman as the case may be) of the City of Colbert for the ensuing term, and that I will faithfully enforce the ordinances of said city to the best of my skill and ability, without fear or favor; so help me God.' Should any official-elect be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings and may hold such special or called meetings, as the business of the city may require, which special or called meetings shall be called by the mayor in his discretion, to be convened as provided by the city ordinances. In the event that the office of mayor, or any one or more of the councilmen, shall become vacant by death, resignation, removal, or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen, in the case of vacancies in the council, and by the councilmen in the case of a vacancy in the office of mayor, and persons so elected shall be duly qualified to fill such vacancies for the unexpired term provided it does not exceed 24 months. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Colbert 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 Colbert for approval or rejection. The election superintendent shall conduct that election on December 2, 1987, 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 Madison County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which changes the term of the Mayor of Colbert from one year to two years? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of
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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 Colbert. 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 hereby given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend the charter of the City of Colbert, Georgia in Madison County, Georgia to change the term of the office of Mayor and for other purposes. This 10th day of February, 1987. Lane Fitzpatrick City Attorney for Colbert, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie Max Clark, 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 Danielsville Monitor which is the official organ of Madison County, on the following date: February 13, 1987. /s/ Louie Max Clark Representative, 13th District
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Sworn to and subscribed before me, this 17th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. CITY OF CULLODEN CITY COUNCIL; MAYOR; ELECTIONS; DISTRICTS; RESIDENCY. No. 284 (House Bill No. 872). AN ACT To amend an Act incorporating the City of Culloden in the County of Monroe, approved October 24, 1887 (Ga. L. 1886-87, Vol. II, p. 655), as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 2537), so as to provide for the election of city council members from districts by the residents of such districts; to provide for districts; to provide for elections and terms of office; to provide for the election of the mayor; to provide residency requirements; to provide procedures; 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 Culloden in the County of Monroe, approved October 24, 1887 (Ga. L. 1886-87, Vol. II, p. 655), as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 2537), 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) For the purpose of electing the six members of the city council, the City of Culloden shall be divided into three council districts as follows:
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Council District 1 Monroe Tract 503 That part of Block 217 inside the City of Culloden Blocks 224 and 225 Council District 2 Monroe Tract 503 Block 222 That part of Block 223 inside the City of Culloden Block 226 Council District 3 Monroe Tract 503 Blocks 218 and 219 Those parts of Blocks 220 and 221 inside the City of Culloden (b) `Tract,' `block group,' and `block' shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census report for the United States decennial census of 1980 for the State of Georgia. Any portion of the City of Culloden not included in Council District 1, 2, or 3, described in subsection (a) of this section, shall be included within that council district contiguous to such portion which contains the least population according to the United States decennial census of 1980. (c) (1) There shall be two council members elected from each district as provided in this subsection. Each district position on the city council shall be elected by the residents of the respective district. Only the qualified voters of a district shall be entitled to vote for candidates seeking membership on the city council from that district. (2) On the second Wednesday in November, 1987, and biennially thereafter, there shall be elected one member
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of the city council from each council district. Such members shall occupy offices to be known as Post 1 of each respective council district. They shall take office on the first Monday in January following their election for a term of two years and until their successors are elected and qualified. Thereafter, successors shall be elected at the city election immediately preceding the expiration of a term of office and shall take office on the first Monday in January following such election for a term of two years and until successors are elected and qualified. (3) On the second Wednesday in November, 1988, and biennially thereafter, there shall be elected one member of the city council from each council district. Such members shall occupy offices to be known as Post 2 of each respective council district. They shall take office on the first Monday in January following their election for a term of two years and until their successors are elected and qualified. Thereafter, successors shall be elected at the city election immediately preceding the expiration of a term of office and shall take office on the first Monday in January following such election for a term of two years and until successors are elected and qualified. (d) On the second Wednesday in November, 1988, and biennially thereafter, there shall be elected a mayor of the City of Culloden. The mayor shall take office on the first Monday in January following the election for a term of two years and until a successor is elected and qualified. Thereafter, a successor shall be elected at the city election immediately preceding the expiration of a term of office and shall take office on the first Monday in January following such election for a term of two years and until a successor is elected and qualified. (e) (1) A candidate for city council may not offer for election unless such person has been a resident of the council district from which such person offers as a candidate for at least one year immediately preceding the date of the election. In the event a member moves his legal residence from the district the member represents, the
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member's place on the council shall immediately become vacant. (2) A candidate for mayor may not offer for election unless such person has been a resident of the City of Culloden for at least one year immediately preceding the date of the election. If the mayor moves his legal residence from the city, the office of mayor shall immediately become vacant. (f) All elections shall be conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' All persons who have resided in the City of Culloden for at least 30 days before an election and who are qualified to vote for members of the General Assembly shall be eligible to vote, upon registration, in city elections. 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 1987 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Culloden in the County of Monroe, approved October 24, 1887 (Ga. L. 1886-87), Vol. II, P. 655), as amended; and for other purposes. This 30th day of January, 1987. /s/ Kenneth Waldrep Honorable 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 Monroe County Reporter which is the official organ of Monroe County, on the following date: February 4, 1987.
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/s/ Kenneth Waldrep Representative, 80th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. COBB COUNTY TAX COMMISSIONER; CHIEF CLERK; COMPENSATION. No. 285 (House Bill No. 875). 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 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), and an Act approved March 18, 1986 (Ga. L. 1986, p. 4112), so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner; 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 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
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14, 1983 (Ga. L. 1983, p. 3634), and an Act approved March 18, 1986 (Ga. L. 1986, p. 4112), is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. The tax commissioner shall receive an annual salary of $48,000.00, to be paid in equal monthly installments from county funds. The tax commissioner shall be allowed one chief clerk whose annual salary shall be $40,370.00, to be paid in equal monthly installments from the funds of the county treasury. Any candidate for the office of tax commissioner of Cobb County shall, on the date of his qualifying for such office in either a primary or a general election, certify to the judge of the Probate Court of Cobb County the name of the person he shall appoint as his chief clerk in the event he is elected to the office of tax commissioner of Cobb County; and the person so named shall serve as the chief clerk during the term for which he was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have 30 days from said date of death or removal from office of said chief clerk to certify to the judge of the Probate Court of Cobb County the name of the chief clerk to be appointed by him. 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 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. This 5th day of Jan., 1987.
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Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Gresham, 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 9, 1987. /s/ Johnny Gresham Representative, 21st District Sworn to and subscribed before me, this 28th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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CITY OF SAVANNAH AND CHATHAM COUNTY BOARD OF TAX ASSESSORS; CHIEF TAX ASSESSOR; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 286 (House Bill No. 879). 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 (House Resolution No. 502-1244) enacted at the 1964 session of the General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, p. 986) and which relates to the consolidation of the boards of tax assessors of Chatham County and the City of Savannah and to the appointment of a chief tax assessor to perform the duties of tax receiving in Chatham 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. 162 (House Resolution No. 502-1244) enacted at the 1964 session of the General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, p. 986) and which relates to the consolidation of the boards of tax assessors of Chatham County and the City of Savannah and to the appointment of a chief tax assessor to perform the duties of tax receiving in Chatham 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.
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STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, Gene Stewart, to me known, who being sworn, deposes and says: That he is the Assistant Gen. Manager 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 Feb. 14, 1987, and finds that the following Advertisement, to-wit: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 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 board of tax assessors and the duties of chief tax assessor, (Resolution Act No. 162; House Resolution No. 502-1244; Ga. L. 1964, p. 986) This 12th day of February, 1986. CHARLES W. BARROW, County Attorney appeared in each of said editions. /s/ Gene Stewart (Deponent)
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Sworn to and subscribed before me this 16 day of Feb., 1987. /s/ Diane M. Strickland Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 (SEAL) Approved March 19, 1987. BULLOCH COUNTY CLERK OF THE SUPERIOR COURT; EMPLOYEES; COMPENSATION. No. 287 (House Bill No. 884). 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 28, 1986 (Ga. L. 1986, p. 5556), 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 28, 1986 (Ga. L. 1986, p. 5556), 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
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deputy clerk shall receive a salary not to exceed $12,900.00 per annum, the docket clerk shall receive a salary not to exceed $11,900.00 per annum, and the typist shall receive a salary not to exceed $11,200.00 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 OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend 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. Bulloch County Legislative Delegation 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 Statesboro Herald which is the official organ of Bulloch County, on the following date: February 12, 1987. /s/ John F. Godbee Representative, 110th District
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Sworn to and subscribed before me, this 17th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. BULLOCH COUNTY SHERIFF; DEPUTIES AND OFFICE CLERK; COMPENSATION. No. 288 (House Bill No. 885). 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, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5007), so as to change the compensation of the deputies and office clerk of 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 Bulloch County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2594), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5007), 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 $20,200.00 per annum, two junior deputies who shall be compensated in an amount not to exceed
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$17,500.00 per annum, and one office clerk who shall be compensated in an amount not to exceed $15,000.00 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 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 OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 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 reasons. Bulloch County Legislative Delegation Bulloch Commissioners P. O. Box 334 Statesboro, GA. 30458 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 Statesboro Herald which is the official organ of Bulloch County, on the following date: February 12, 1987.
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/s/ John F. Godbee Representative, 110th District Sworn to and subscribed before me, this 17th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. BULLOCH COUNTY TAX COMMISSIONER; ASSISTANTS; COMPENSATION; PART-TIME EMPLOYEES. No. 289 (House Bill No. 886). 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 25, 1986 (Ga. L. 1986, p. 4746), 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. 1261), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4746), is amended by striking Section 8A in its entirety and substituting in lieu thereof a new Section 8A to read as follows:
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Section 8A. The tax commissioner is authorized to employ three assistants. The first such assistant shall receive a salary not to exceed $12,800.00 per annum, the second such assistant shall receive a salary not to exceed $11,900.00 per annum, and the third such assistant shall receive a salary not to exceed $11,200.00 per annum. The tax commissioner is further authorized to employ part-tme 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 OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 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, pg. 1261), as amended; and for other purposes. This 10th day of February, 1987. Bulloch County Legislative Delegation 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 Statesboro Herald which is the official organ of Bulloch County, on the following date: February 12, 1987.
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/s/ John F. Godbee Representative, 110th District Sworn to and subscribed before me, this 17th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. BULLOCH COUNTY PROBATE COURT; CLERK; COMPENSATION; PART-TIME EMPLOYEES. No. 290 (House Bill No. 887). 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 25, 1986 (Ga. L. 1986, p. 4744), 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. 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 25, 1986 (Ga. L. 1986, p. 4744), is amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
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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 $12,200.00 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 OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 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, 2590), as amended; and for other purposes. This 10th day of February, 1987. Bulloch County Legislative Delegation 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 Statesboro Herald which is the official organ of Bulloch County, on the following date: February 12, 1987. /s/ John F. Godbee Representative, 110th District
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Sworn to and subscribed before me, this 17th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. VALDOSTA-LOWNDES COUNTY AIRPORT AUTHORITY CREATION. No. 291 (House Bill No. 893). AN ACT To establish the Valdosta-Lowndes County Airport Authority; to provide for the membership, powers, duties, and responsibilities of the authority; to provide for the purpose of the authority; to provide for definitions; to provide for terms of office; to provide for officers; to provide for a quorum, bylaws, practices, and procedures; to provide for meetings; to provide for expenses; to provide for vacancies; to provide for an executive director, treasurer, and other officers and employees; to provide for transfer of existing airports and related facilities; to limit the powers of the authority; to provide for an operating budget; to provide for a designation of an effective date of the creation and the establishment of the authority; 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; general powers. There is created in the City of Valdosta and the County of Lowndes a joint airport
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authority. The official name of such authority shall be the Valdosta-Lowndes County Airport Authority. The authority created by this Act 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, plea and be impleaded, and complain and defend in all courts. The authority may exercise a power set out hereinafter at any place within Lowndes County and any contiguous land outside the county which is used for airport purposes as defined in this Act. Section 2. Purpose of the authority. The purpose of said authority is the establishment, maintenance, and operation of a unified and coordinated airport system; to ensure the orderly and proper use and growth of a public airport; to ensure that the maximum public benefit is obtained from a public airport; to ensure proper planning and establishment of airport needs in the future; to enhance business, industry, and trade; to promote public transportation and commerce and all of this to the end of providing more effective and economical use of a public airport for the public welfare, safety, and convenience. Section 3. Definitions. As used in this Act, the term airport means 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 or taking off of commercial, private, and military aircraft, including helicopters, and all buildings, equipment, facilities, or other property and improvements of every kind or nature located within the bounds of any such land or water area or structure which are or have been used or which the authority may plan to use for terminal facilities, facilities of any type for the accommodation of passengers, maintenance, servicing, and operation of aircraft, business offices and facilities of private businesses and government 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 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 for the landing or taking off of commercial, private, and military aircraft which are necessary for the safe operation of aircraft. Section 4. Members of the authority. The authority shall be originally composed of five members, two of whom shall be
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appointed by the mayor and council of the City of Valdosta, two of whom shall be appointed by the board of commissioners of Lowndes County, and one of whom shall be appointed jointly by the mayor and council of the City of Valdosta and the board of commissioners of Lowndes County. The initial appointed members shall be appointed for the following terms and until their successors are appointed: (1) One member shall be appointed by the board of commissioners of Lowndes County for a term of four years; (2) One member shall be appointed by the board of commissioners of Lowndes County for a term of three years; (3) One member shall be appointed by the mayor and council of the City of Valdosta for a term of four years; (4) One member shall be appointed by the mayor and council of the City of Valdosta for a term of three years; and (5) One member shall be appointed jointly by the mayor and council of the City of Valdosta and board of commissioners of Lowndes County for a term of two years. Thereafter, all appointed members shall be appointed for terms of four years each and until their successors are appointed. Section 5. Election of officers, quorum, bylaws, procedure in meetings. After the appointment of all members as set out in Section 4, the full membership of the authority shall meet as soon as practicable and shall elect one of its members as chairman and one as vice-chairman, each of whom shall continue as voting members, to serve in such position for the succeeding year and until their successors are elected. Thereafter, a chairman and vice-chairman shall be elected in the same manner each year to serve for the succeeding year and until their successors are elected. The chairman shall preside over meetings of the authority, 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. The authority shall also designate a secretary to keep the minutes and records of the authority and such secretary may or may not be a member
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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 6. 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 7. Vacancies in authority. Should an appointed member vacate his office as a member, either by resignation, death, change of residence, or for any other reason, the governing authority by which the appointment was made shall, as soon as practicable, appoint another member to the authority to serve the remainder of the term. Section 8. Executive director, treasurer, and other administrative officers and employees. The authority shall have the authority and power to 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. He shall have experience as a business executive, preferably in connection with the field of aviation. 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 shall in a like manner appoint and fix the compensation of a treasurer who shall have the custody of all moneys, funds, notes, bonds, and all other securities of the authority and who shall have such other duties and responsibilities 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. Section 9. Powers of the authority. The authority shall possess all the powers necessary or convenient for it to accomplish
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its purposes, including the following specific powers, which shall not be construed as the limitation upon the general and other specific powers of the authority: (1) To adopt a seal to be used for authentication of legal documents, obligations, contracts, and other instruments and to alter the same in 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 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 the authority for such fees or compensation and under such terms and conditions as it deems appropriate; (4) To plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, lease, regulate, protect, and secure all airport and related facilities which shall come under its control or which it may acquire or plan to acquire, and to enter into any contracts, leases, or other agreements, promulgate any order, set any tolls, fees, or other charges for the use of its property or services, and collect and use same as necessary to operate an airport under its control and to accomplish any purposes of this Act; (5) To contract with any person, firm, or public or private corporation to supply goods, commodities, facilities, and services to the public, employees of the authority, and employees of air carriers and other commercial interests located in any airport under its control under such terms and conditions as it may prescribe, including the power to grant exclusive rights, franchises, or concessions; (6) To adopt and enforce reasonable rules and regulations for the orderly, safe, efficient, and sanitary operation of airports and related facilities under its control and to provide its own security force;
4500
(7) To provide its own fire protection, 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; (8) 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; (9) To enter into agreements with the state, any subdivision thereof, 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, such subdivision, such county or municipality, or the federal government or any agent thereof in order to accomplish its purposes; (10) To sell, lease, or otherwise dispose of surplus personal property or real property and to sell, lease, or otherwise dispose of any improvements thereon acquired by the authority pursuant to law which the authority may determine is no longer required to accomplish the purposes of this Act, including property which is suitable for business or industrial development. Any such property may be sold, leased, or otherwise disposed of under such terms and conditions as may be provided by resolution of the authority. The proceeds of such sale may be used by the authority to accomplish any of its purposes; (11) To establish a plan for retirement, disability, hospitalization, and death benefits for employees of the authority or to provide by resolution that such employees shall be covered under any such state, county, or municipal plan available to them under the laws of the state or any county or municipality; and (12) To enter into such agreements with any municipality or county presently operating an airport of which the authority may subsequently assume control with respect to the
4501
matter of transfer of airport employees from any municipality in the county to the authority as the authority deems necessary and appropriate. Section 10. Transfer of airport and related facilities from municipalities and county to authority. The authority shall by resolution, at such times as it shall deem appropriate, determine what, if any, public airports in the county are necessary to accomplish the purposes of the authority and shall inform the county or municipality owning such airport of such determination and the proper officials of the municipality or county may convey by deed all of their interest in real property and all other property making up such airport to the authority. 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 11. 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 facility other than airports or their related facilities; provided, however, that 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 the airports under its control. Section 12. Funds of authority to be used only for airports. The funds of the authority, from whatever source derived, shall be used only in support of airports as defined in this Act. Section 13. Operating budget. The operating budget of the authority shall be funded equally by the city and county. The authority shall submit its proposed budget annually to the mayor and council of the City of Valdosta and the board of commissioners of Lowndes County for their joint approval. Upon joint approval of the annual budget of the authority, such budget shall be funded by the city and county from the general revenues of the local governments. Section 14. Effective date. This Act is not self-executing and shall require that a joint resolution of the mayor and council of the City of Valdosta and the board of commissioners of
4502
Lowndes County, Georgia, shall be enacted specifying the effective date of the creation and establishment of the authority. Section 15. Repealer. 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 application will be made to the 1987 session of the General Assembly of Georgia for the passage of local legislation establishing the Valdosta-Lowndes County Airport Authority which bill shall be entitled as follows: An act creating the Valdosta-Lowndes County Airport Authority; to provide for the powers, duties and responsibilities of said Authority; to provide for the appointment and term of members thereof; and for other purposes. 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 10, 1987. /s/ James M. Beck Representative, 148th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
4503
CHATTOOGA COUNTY STATE COURT; JUDGE AND SOLICITOR; COMPENSATION; SECRETARY. No. 292 (House Bill No. 894). 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 change the provisions relating to the compensation of the judge and solicitor of said court; to authorize the solicitor to employ a secretary; 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 Chattooga County, approved March 29, 1983 (Ga. L. 1983, p. 4570), as amended, is amended by striking subsection (c) of Section 12 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) The judge shall be paid a salary of $17,500.00 per annum, payable monthly out of the treasury of Chattooga County by the officers of said county authorized to pay out the funds of said county. The salary of said judge shall be an expense of said court. Section 2. Said Act is further amended by striking subsection (d) and (e) of Section 13 in their entirety and substituting in lieu thereof new subsections (d) and (e) to read as follows: (d) The solicitor shall receive an annual salary of $12,000.00 payable in equal monthly installments from the funds of Chattooga County. (e) The solicitor shall be authorized to employ a fulltime secretary and fix the compensation of such secretary in an amount not less than $8,400.00 nor more than $14,000.00 per annum. The compensation of the secretary shall be paid in equal monthly installments from the funds of Chattooga County.
4504
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 INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an act creating the State Court of Chattooga County, approved March 29, 1983, (Georgia L. 1983, P. 4570), as amended; and for other purposes. This 5th day of February, 1987. John G. Crawford, Representative District 5 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 12, 1987. /s/ John G. Crawford Representative, 5th District Sworn to and subscribed before me, this 18th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
4505
BUTTS COUNTY, CITY OF FLOVILLA, CITY OF JACKSON, AND CITY OF JENKINSBURG WATER AND SEWER AUTHORITY VACANCIES. No. 293 (House Bill No. 904). AN ACT To amend an Act creating the Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority, approved March 28, 1986 (Ga. L. 1986, p. 5457), so as to provide that a vacancy in the membership of the authority shall be filled for the remainder of the unexpired term by the governing authority of the county or municipality which appointed the member who has vacated his or her membership on the authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority, approved March 28, 1986 (Ga. L. 1986, p. 5457), is amended by adding a new section immediately following Section 2, to be designated Section 2A, to read as follows: Section 2A. Any vacancy in the membership of the authority shall be filled for the remainder of the unexpired term by the governing authority of the county or municipality which appointed the member who has vacated his or her membership on the authority. 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 1987 session of the General Assembly of Georgia a bill to amend an act creating the Butts County, City of Flovilla, City of Jackson,
4506
and City of Jenkinsburg Water and Sewer Authority, approved March 28, 1986 (Ga. L. 1986, p. 5457); and for other purposes. This 30th day of January, 1987. Larry Smith Representative, 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 4, 1987. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 6th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
4507
TALIAFERRO COUNTY BOARD OF COMMISSIONERS; CHAIRMAN; ROAD SUPERINTENDENT. No. 294 (House Bill No. 914). AN ACT To amend an Act relating to the board of commissioners of Taliaferro County, approved March 7, 1939 (Ga. L. 1939, p. 734), as amended particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4009), so as to authorize the board of commissioners of Taliaferro County to provide that the chairman of the board of commissioners may also serve as the road superintendent of Taliaferro County; to provide for additional compensation for service as road superintendent; to provide that such service shall be at the pleasure of the board of commissioners; 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 relating to the board of commissioners of Taliaferro County, approved March 7, 1939 (Ga. L. 1939, p. 734), as amended particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4009), is amended by adding at the end of Section 4 a new subsection (e) to read as follows: (e) The board of commissioners of Taliaferro County is authorized to provide that the chairman of the board of commissioners may also serve as the road superintendent of the county and may prescribe the duties of the road superintendent. If the chairman is designated to serve as road superintendent, he shall serve in such capacity at the pleasure of the board of commissioners. While serving as road superintendent, the chairman shall receive compensation of $44.00 per day for each day actually worked as road superintendent, but not to exceed $220.00 per week. Such sum shall be in addition to the compensation and expenses of the chairman authorized by subsections (a), (b), and (c) of this section. 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.
4508
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 1987 session of the General Assembly of Georgia a bill to amend an Act relating to the board of commissioners of Taliaferro County, approved March 7, 1939 (Ga. L. 1939, p. 734), as amended particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4009); and for other purposes. This 11th day of February, 1987 Jesse L. Brown, Chairman Board of Commissioners Taliaferro County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward D. Ricketson, Jr., 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 Advocate Democrat which is the official organ of Taliaferro County, on the following date: February 13, 1987. /s/ Edward D. Ricketson, Jr. Representative, 82nd District Sworn to and subscribed before me, this 18th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
4509
WORTH COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS. No. 295 (House Bill No. 926). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Worth 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, 1988, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Worth 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 regular 1987 session of the General Assembly of Georgia a bill to provide for Staggered Purchase of motor vehicle license plates; and for other purposes. This 7th day of January, 1987. W.W. Mims, Chairman Worth County Board of Commissioners Worth County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Sizemore, who,
4510
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 which is the official organ of Worth County, on the following date: January 15, 1987. /s/ Earleen Sizemore Representative, 136th District Sworn to and subscribed before me, this 18th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. CITY OF POULAN CORPORATE LIMITS. No. 296 (House Bill No. 927). AN ACT To amend an Act creating a new charter for the City of Poulan, approved March 7, 1957 (Ga. L. 1957, p. 2702), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4601), 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 creating a new charter for the City of Poulan, approved March 7, 1957 (Ga. L. 1957, p. 2702), as
4511
amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4601), is amended by adding to Section 2 a new subsection (c) to read as follows: (c) The corporate limits of the city shall also include all of the following described territory: All that tract or parcel of land lying, situate and being in Land Lots 337 and 308 in the 7th Land District of Worth County, Georgia, and lying in a triangle adjacent on the East to the corporate limits of the City of Poulan, more particularly described as follows: Commence at a point in said Land Lot 337 at the point of intersection of the center of the right-of-way of U. S. 82 and the east boundary line of the existing corporate limits of the City of Poulan; go thence in a southeasterly direction along the center of the right-of-way of U. S. Highway 82 to a point located in the center of the right-of-way of Seaboard Coastline Railroad; go thence in a southwesterly direction along the center of the right-of-way of the Seaboard Coastline Railroad into Land Lot 308 and to the existing east boundary line of the corporate limits of the City of Poulan, Georgia; thence go North along the existing east boundary line of the corporate limits of the City of Poulan 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 1987 session of the GENERAL ASSEMBLY of GEORGIA, a bill to amend an ACT creating and establishing a new charter of the CITY OF POULAN, approved March 7, 1957 (Ga. L. 1957, p. 2702); and for other purposes. This 16th day of December, 1986. Edmond P. Fletcher Mayor City of Poulan
4512
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 which is the official organ of Worth County, on the following date: January 29, 1987. /s/ Earleen Sizemore Representative, 136th District Sworn to and subscribed before me, this 2nd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. WORTH COUNTY BOARD OF COMMISSIONERS; CHAIRMAN; COMPENSATION. No. 297 (House Bill No. 929). AN ACT To amend an Act creating the board of commissioners of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 296), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3892) and an Act approved March 27, 1985 (Ga. L. 1985, p. 4578), so as to change the compensation of the chairman of the board of commissioners of Worth County; to provide an effective date; to repeal conflicting laws; and for other purposes.
4513
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 296), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3892) and an Act approved March 27, 1985 (Ga. L. 1985, p. 4578), is amended by striking subsection (A) of Section 12 and inserting in lieu thereof a new subsection (A) to read as follows: (A) The salary of the chairman of said board shall be $5,400.00 per year, payable in equal monthly installments. The salary of each of the other members of said board shall be $3,600.00 per year, payable in equal monthly installments. All salaries of the members of said board as well as other officers provided for under this Act shall be due and payable on the first day of each calendar month out of the county treasury of said county by the person or persons charged by law with the duty and authorized to pay out the money of said county. No member of said board shall be engaged as an employee of the county in any manner or capacity other than in his capacity as a commissioner, nor shall he receive directly or indirectly any salary whatever, other than as is herein provided for services rendered as a member of said 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 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 amend an Act creating the board of commissioners of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 296), as amended and for other purposes.
4514
This 22nd day of January, 1987. W.W. Mims, Chairman Worth County Board of Commissioners 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 which is the official organ of Worth County, on the following date: February 12, 1987. /s/ Earleen Sizemore Representative, 136th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
4515
CITY OF SAVANNAH AND CHATHAM COUNTY BOARD OF PUBLIC EDUCATION; RETIREMENT SYSTEM; BENEFIT INCREASES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 298 (House Bill No. 943). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing an increase in retirement benefits of persons retired under the retirement system of the Board of Public Education for the City of Savannah and the County of Chatham (Res. Act No. 138; H.R. 493-1435; Ga. L. 1974, p. 1692); 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 an increase in retirement benefits of persons retired under the retirement system of the Board of Public Education for the City of Savannah and the County of Chatham (Res. Act No. 138; H.R. 493-1435; Ga. L. 1974, p. 1692) 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
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Personally appeared before me, Gene Stewart, to me known, who being sworn, deposes and says: That he is the Assistant Gen. Manager 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 Feb 6, 1987, 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 1987 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 an increase in retirement benefits of persons retired under the retirement system of the Board of Public Education for the City of Savannah and the County of Chatham (Res. Act No. 138; H.R. 493-1435; Ga. L. 1974, p. 1692); and for other purposes. This 3rd day of February, 1987. Edward H. Lee School Board Attorney appeared in each of said editions. /s/ Gene Stewart (Deponent)
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Sworn to and subscribed before me, this 9 day of Feb., 1987. /s/ Diane M. Strickland Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 (SEAL) Approved March 19, 1987. TOWN OF DUDLEY TAX TO PROMOTE NEW INDUSTRIES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 299 (House Bill No. 985). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Town of Dudley to levy a tax not to exceed one mill for the purpose of creating a fund to be used in promoting the location of any industries in the Town of Dudley and authorizing the governing authority of the city to select a board of citizens from the town to render advice respecting the use of the fund (Res. Act No. 72; H.R. 195-531n; Ga. L. 1956, p. 410); 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 Town of Dudley to levy a tax not to exceed one mill for the purpose of creating a fund to be used in promoting the location of any industries in the Town of Dudley and authorizing the governing authority of the city to select a board of citizens from the town to render advice respecting the use of the fund (Res.
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Act No. 72; H.R. 195-531n; Ga. L. 1956, p. 410) 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 1987 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 Town of Dudley to levy a tax not to exceed one mill for the purpose of creating a fund to be used in promoting the location of any industries in the Town of Dudley to select a board of citizens from the town to render advice respecting the use of the fund (Res. Act No. 72; H.R. 195-531n; Ga. L. 1956, p. 410); and for other purposes. This 18th day of February, 1987. TERRY L. COLEMAN 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: February 21, 1987. /s/ DuBose Porter Representative, 119th District
4519
Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. DOWNTOWN DUBLIN DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 300 (House Bill No. 986). 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 law for the establishment of a Downtown Dublin Development Authority (Res. Act No. 196; H. R. 888-2096; Ga. L. 1976, p. 1860); 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 law for the establishment of a Downtown Dublin Development Authority (Res. Act No. 196; H. R. 888-2096; Ga. L. 1976, p. 1860) 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.
4520
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 1987 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 provide by law for the establishment of a Downtown Dublin Development Authority (Res. Act No. 196; H.R. 888-2096; Ga. L. 1976, p. 1860); and for other purposes. This 18th day of February, 1987. s DUBOSE PORTER 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: February 21, 1987. /s/ DuBose Porter Representative, 119th District Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
4521
LAURENS COUNTY BOARD OF EDUCATION; ELECTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 301 (House Bill No. 987). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that members of the Board of Education of Laurens County shall be elected by the people (Res. Act No. 245; S. R. 108; Ga. L. 1962, p. 1168, as amended by Res. Act No. 145; H. R. 485-1207; Ga. L. 1964, p. 941); 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 members of the Board of Education of Laurens County shall be elected by the people (Res. Act No. 245; S. R. 108; Ga. L. 1962, p. 1168, as amended by Res. Act No. 145; H. R. 485-1207; Ga. L. 1964, p. 941) 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 1987 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 members
4522
of the Board of Education of Laurens County shall be elected by the people (Res. act No. 245; S.R. 108; Ga. L. 1962, p. 1168, as amended by Res. Act No. 145; H.R. 485-1207; Ga. L. 1964, p. 941); and for other purposes. This 18th day of February, 1987. s DUBOSE PORTER 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: February 21, 1987. /s/ DuBose Porter Representative, 119th District Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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LAURENS COUNTY BONDS; EDUCATIONAL FACILITIES BEYOND THE TWELFTH GRADE; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 302 (House Bill No. 988). 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 Laurens County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of bonds issued (Res. Act No. 207; H. R. 679-1585; Ga. L. 1972, p. 1432); 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 Laurens County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of bonds issued (Res. Act No. 207; H. R. 679-1585; Ga. L. 1972, p. 1432) 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 1987 session of the General Assembly of Georgia a bill to continue
4524
in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Laurens County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of bonds issued (Res. Act No. 207; H.R. 679-1585; Ga. L. 1972, p. 1432); and for other purposes. This 18th day of February, 1987. s DUBOSE PORTER 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: February 21, 1987. /s/ DuBose Porter Representative, 119th District Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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CITY OF DUBLIN AND COUNTY OF LAURENS DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 303 (House Bill No. 989). 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 Dublin and County of Laurens Development Authority (Res. Act No. 242; S. R. 109; Ga. L. 1962, p. 1160); 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 Dublin and County of Laurens Development Authority (Res. Act No. 242; S. R. 109; Ga. L. 1962, p. 1160) 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 1987 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 creating the City of Dublin and County of Laurens Development Authority (Res. Act No. 242; S.R. 109; Ga. L. 1962, p. 1160) and for other purposes.
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This 18th day of February, 1987. s DUBOSE PORTER 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: February 21, 1987. /s/ DuBose Porter Representative, 119th District Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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SPALDING COUNTY STATE COURT; JUDGE AND SOLICITOR; ELECTIONS; COMPENSATION; POWERS; DUTIES; VACANCIES. No. 304 (House Bill No. 991). AN ACT To amend an Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4201), so as to change the provisions relating to the judge and solicitor; to provide for the election, compensation, powers, duties, authority, and vacancies of the judge and the solicitor thereof; to prohibit the judge and solicitor from engaging in certain activities; to provide for conflicts of law; 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. An Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4201), is amended by striking Section 3 and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The State Court of Spalding County shall have one judge, who shall be a part-time judge, as defined by the pertinent laws of Georgia, and who may engage in the private practice of law in other courts but may not practice in his own court or appear in any manner as to which he, or anyone serving in his absence as judge of the State Court of Spalding County, has exercised any jurisdiction. The judge of said court shall have the qualifications and may exercise all of the powers and authority and perform the duties now or hereafter provided by law for the judge of said court. Judges of such court shall be elected by the qualified electors of Spalding County on a nonpartisan basis, as provided by
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law, and shall serve for a term of four years. The current four-year term of office of the judge of said court shall expire on December 31, 1988. Vacancies for any reason, except the expiration of the term of office, shall be filled as provided by law. Effective July 1, 1987, the judge of the State Court of Spalding County shall be compensated from the funds of Spalding County at the annual rate of $27,000.00, which salary shall be apportioned and payable for the last half of the year 1987 and for all subsequent years at said annual rate from the funds of Spalding County. Such salary shall be payable, as accrued, in equal monthly installments on the last day of each month. The governing authority of Spalding County is authorized to supplement, from time to time, the compensation fixed in this section to be paid to the judge of said court. In all cases hereafter in which there is a conflict between this section and the general laws of the State of Georgia providing for state courts, the general laws shall take priority over the provisions of this section and shall control. 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. The State Court of Spalding County shall have one solicitor, who shall be a part-time solicitor, as defined by the pertinent laws of Georgia, and who may engage in the private practice of law in other courts but may not practice in his own court or appear in any manner as to which he, or anyone serving in his absence as solicitor of the State Court of Spalding County, has exercised any jurisdiction. The solicitor of said court shall have the qualifications and may exercise all of the powers and authority and perform the duties now or hereafter provided by law for the solicitor of said court. Solicitors of such court shall be elected by the qualified electors of Spalding County on a nonpartisan basis, as provided by law, and shall serve for a term of four years. The current four-year term of office of the solicitor of said court shall expire on December 31, 1990. Vacancies for any reason, except the expiration of the term of office, shall be filled as provided by law. Effective July 1, 1987, the solicitor of the State Court of Spalding County shall be compensated from the funds of Spalding County at the annual rate of $22,000.00, which salary shall be apportioned and
4529
payable for the last half of the year 1987 and for all subsequent years at said annual rate from the funds of Spalding County. Such salary shall be payable, as accrued, in equal monthly installments on the last day of each month. The governing authority of Spalding County is authorized to supplement, from time to time, the compensation fixed in this section to be paid to the solicitor of said court. In all cases hereafter in which there is a conflict between this section and the general laws of the State of Georgia providing for state courts, the general laws shall take priority over the provisions of this section and shall control. Section 3. The State Court of Spalding County, created in 1897 as the City Court of Griffin in Spalding County, shall be governed by the general laws of Georgia as now or hereafter codified, such general laws being now codified in Chapter 7 of Title 15 of the Official Code of Georgia Annotated; and in all cases in which there is a conflict between such general laws and the local law creating such court, the general laws shall take priority and shall control. Section 4. This Act shall become effective on July 1, 1987. Section 5. 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 1987 Session of the General Assembly of Georgia a Bill to amend an Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, and for other purposes. This 12th day of February, 1987. Maureen C. Jackson, as Clerk of the Board of Commissioners of Spalding County, Georgia. February 19, 1987. GEORGIA, FULTON COUNTY
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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 19, 1987. /s/ John L. Mostiler Representative, 75th District Sworn to and subscribed before me, this 20th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. CHARLTON COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 305 (House Bill No. 1006). 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. 8 (House Resolution No. 28-34) of the 1964 Extraordinary Session of the General Assembly (Ga. L. 1964, Ex. Sess., p. 363) and which was duly ratified at the 1964 general election and which relates to the creation of the Charlton County Development Authority and provisions for its powers, authority, funds, purposes, and procedure; to provide the authority for this Act; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 8 (House Resolution No. 28-34) of the 1964 Extraordinary Session of the General Assembly (Ga. L. 1964, Ex. Sess., p. 363) and which was duly ratified at the 1964 general election and which relates to the creation of the Charlton County Development Authority and provisions for its powers, authority, funds, purposes, and procedure 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 1987 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 Charlton County Development Authority (Res. Act No. 8; H.R. 28-34; Ga L 1964, ex. sess., p. 363); and for other purposes. This 5th day of February, 1987. Pasco Bryant, Chairman Charlton 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
4532
Introduce Local Legislation was published in the Charlton County Herald which is the official organ of Charlton County, on the following date: February 11, 1987. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. CORDELE OFFICE BUILDING AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 306 (House Bill No. 1018). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Cordele Office Building Authority (Res. Act No. 235; H.R. 624-1354; Ga. L. 1968, p. 1715); 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 Cordele Office Building Authority (Res. Act No. 235; H.R. 624-1354; Ga. L. 1968, p. 1715) 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.
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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 1987 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 Cordele Office Building Authority (Res. Act No. 235; H.R. 624-1354; Ga. L. 1968, p. 1715); and for other purposes. This 17 day of Feb, 1987. Howard H. Rainey GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey, who, on oath, deposes and says that he is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Crisp County, on the following date: February 20, 1987. /s/ Howard H. Rainey Representative, 135th District Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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CLINCH COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 307 (House Bill No. 1038). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Clinch County Development Authority (Res. Act No. 136; H.R. 430-994; Ga. L. 1964, p. 913); 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 Clinch County Development Authority (Res. Act No. 136; H.R. 430-994; Ga. L. 1964, p. 913) 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 1987 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 Clinch County Development Authority (Res. Act No. 136; H.R. 430-994; Ga. L. 1964, page 913; and for other purposes.)
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This 16th day of February, 1987. Honorable Tom Crosby, Representative 150th District House of Representatives Berrien L. Sutton Sutton, Reddick, Hackel Hackel Attorney for Clinch County Development Authority GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosby, Jr., who, on oath, deposes and says that he is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clinch County News which is the official organ of Clinch County, on the following date: February 19, 1987. /s/ Tom Crosby, Jr. Representative, 150th District Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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CLINCH COUNTY BOARD OF EDUCATION; ELECTION; SCHOOL SUPERINTENDENT; APPOINTMENT; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 308 (House Bill No. 1039). 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 the members of the Board of Education of Clinch County and for the appointment of the county school superintendent of Clinch County by the Board of Education of Clinch County (Res. Act No. 214; H.R. 841-1690; Ga. L. 1970, p. 1111); 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 the members of the Board of Education of Clinch County and for the appointment of the county school superintendent of Clinch County by the Board of Education of Clinch County (Res. Act No. 214; H.R. 841-1690; Ga. L. 1970, p. 1111) 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 1987 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 the election
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of the members of the Board of Education of Clinch County for the appointment of the county school superintendent of Clinch County by the Board of Education of Clinch County (Res. Act No. 214; H.R. 841-1690; Ga. L. 1970, page 1111); and for other purposes. This 16th day of February, 1987. Honorable Tom Crosby, Representative 150th District House of Representatives Berrien L. Sutton Sutton, Reddick, Hackel Hackel Attorney for Clinch County Board of Education GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosby, Jr., who, on oath, deposes and says that he is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clinch County News which is the official organ of Clinch County, on the following date: February 19, 1987. /s/ Tom Crosby, Jr. Representative, 150th District Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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DEKALB COUNTY BOARD OF EDUCATION; COMPENSATION. No. 309 (House Bill No. 1054). AN ACT To amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, so as to change the provisions relative to the compensation of the members of the board of education; 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 in DeKalb County districts from which the members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, is amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows: Section 9. The chairman and each member of the Board of Education of DeKalb County shall be paid $1,000.00 per month as their compensation for services rendered and for attendance at all regular and special meetings of 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 OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia, a bill to amend an Act establishing in DeKalb County districts from which members of the board of education shall be elected, approved April
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12, 1963 (Ga. L. 1963, p. 3424), as amended, so as to provide for the compensation of the members of said board of education; and for other purposes. This ninth day of February, 1987. Honorable Ken Workman Representative, 51st District Honorable Frank Redding Representative, 50th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ken Workman, who, on oath, deposes and says that he is Representative from the 51st 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 12, 1987. /s/ Kenneth W. Workman Representative, 51st District Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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DEKALB COUNTY JUDGE OF THE PROBATE COURT; CLERK OF THE SUPERIOR COURT; COMPENSATION. No. 310 (House Bill No. 1068). AN ACT To amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended by an Act approved March 18, 1980 (Ga. L. 1980, p. 3502), so as to change the compensation of the judge of the probate court and the 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 providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended by an Act approved March 18, 1980 (Ga. L. 1980, p. 3502), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows: Section 2. Notwithstanding any other provisions of law to the contrary, the annual salary of each of the officials of DeKalb County listed below shall be the following percentage of the gross salary as defined in Section 1: (1) Sheriff 65% (2) Judge of the Probate Court 85% (3) Clerk of the Superior Court 72% (4) Tax Commissioner 65% (5) Judge of the Juvenile Court 90% 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.
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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 1987 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended; and for other purposes. This 6th day of February, 1987. Honorable Betty Jo Williams Representative, 48th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Betty Jo Williams, who, on oath, deposes and says that she is Representative from the 48th 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 12, 1987. /s/ Betty Jo Williams Representative, 48th District Sworn to and subscribed before me, this 13th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987.
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DEKALB COUNTY TAX COMMISSIONER; BOARD OF COMMISSIONERS; CORONER; COMPENSATION. No. 311 (House Bill No. 1069). AN ACT To amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended by an Act approved March 18, 1980 (Ga. L. 1980, p. 3502), so as to change the compensation of the tax commissioner and the provisions relating to the compensation of the tax commissioner; to delete the provisions relating to the chairman and members of the Board of Commissioners of DeKalb County; to delete the provisions relating to 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 certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended by an Act approved March 18, 1980 (Ga. L. 1980, p. 3502), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows: Section 2. Notwithstanding any other provisions of law to the contrary, the annual salary of each of the officials of DeKalb County listed below shall be the following percentage of the gross salary as defined in Section 1: (1) Sheriff 65% (2) Judge of the Probate Court 80% (3) Clerk of the Superior Court 65% (4) Judge of the Juvenile Court 90% Section 2. Said Act is further amended by inserting, following Section 2, a new Section 2.1 to read as follows:
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Section 2.1. Notwithstanding any other provisions of law to the contrary, the annual salary of the tax commissioner shall be 70 percent of the compensation paid from county funds to the chief executive officer of DeKalb County. Section 3. 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. Notwithstanding any other provisions of law to the contrary, the annual salary of each of the officials listed below shall be the following percentage of the gross salary as defined in Section 1: (1) State Court Judge 90% (2) State Court Solicitor 90% 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 1987 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended; and for other purposes. This 6th day of February, 1987. Honorable Betty Jo Williams Representative, 48th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Betty Jo Williams, who,
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on oath, deposes and says that she is Representative from the 48th 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 12, 1987. /s/ Betty Jo Williams Representative, 48th District Sworn to and subscribed before me, this 13th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. CITY OF QUITMAN AND BROOKS COUNTY SCHOOL SYSTEM; MERGER; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 312 (House Bill No. 1096). 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 merger of the existing independent school system of the City of Quitman and the existing school district of Brooks County lying outside the corporate limits of said city into one school system coextensive with the limits of Brooks County and providing for a board of education (Res. Act No. 155; H.R. 449-915; Ga. L. 1962, p. 827); to provide the authority for this Act; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment providing for the merger of the existing independent school system of the City of Quitman and the existing school district of Brooks County lying outside the corporate limits of said city into one school system coextensive with the limits of Brooks County and providing for a board of education (Res. Act No. 155; H.R. 449-915; Ga. L. 1962, p. 827) 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 1987 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 the merger of the existing independent school system of the City of Quitman and the existing school district of Brooks County lying outside the corporate limits of said city into one school system coextensive with the limits of Brooks County and providing for a board of education (Res. Act No. 155; H.R. 449-915; Ga. L. 1962, p. 827); and for other purposes. This 13th day of February, 1987. John R. Horton, Superintendent, Brooks County Schools
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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 26, 1987. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 19, 1987. CATOOSA COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 313 (House Bill No. 1105). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating
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the Catoosa County Development Authority (Res. Act No. 40; H.R. 321-724; Ga. L. 1966, p. 781); 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 Catoosa County Development Authority (Res. Act No. 40; H.R. 321-724; Ga. L. 1966, p. 781) 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. PROOF OF PUBLICATION NOTICE TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced to the General Assembly of Georgia a local act to continue the local constitutional amendment providing for the Catoosa County Development Authority as provided in a local amendment to Article VII, Section V, Paragraph 1, of the 1945 Constitution of Georgia (Georgia Laws 1966, p. 781) so as to prevent the Catoosa County Development Authority as established by the local constitutional amendment from expiring as provided in the 1983 Constitution of Georgia. This 20th day of February, 1987. Clifton M. Patty, Jr. County Attorney
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STATE OF GEORGIA CATOOSA COUNTY Before me, an officer duly 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 1 times, on the issues dated, to-wit: February 25, 1987 /s/ Jim Caldwell Sworn to and subscribed before me, this the 25th day of Feb., 1987 /s/ Juanita Caldwell Notary Public, Georgia, State at Large My Commission Expires Apr. 22, 1989 (SEAL) Approved March 19, 1987. CATOOSA COUNTY SEWAGE DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 314 (House Bill No. 1106). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing
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for sewage districts for the County of Catoosa (Res. Act No. 171; H.R. 565-1101; Ga. L. 1962, p. 892); 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 sewage districts for the County of Catoosa (Res. Act No. 171; H.R. 565-1101; Ga. L. 1962, p. 892) 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. PROOF OF PUBLICATION NOTICE TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced to the General Assembly of Georgia a local act to continue the local constitutional amendment providing for the governing authority of Catoosa County, Georgia, to establish and administer within the bounds of the Catoosa County one or more sewer districts and to levy taxes therefore on all properties in said districts as provided in a local amendment to Article XI, Section 1, of the 1945 Constitution of Georgia (Georgia Laws 1962, p. 892) so as to prevent the sewer districts as established by the local constitutional amendment from expiring as provided in the 1983 Constitution of Georgia.
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This 20th day of February, 1987. Clifton M. Patty County Attorney STATE OF GEORGIA CATOOSA COUNTY Before me, an officer duly 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 1 times, on the issues dated, towit: February 25, 1987 /s/ Jim Caldwell Sworn to and subscribed before me, this the 25th day of Feb., 1987 /s/ Juanita Caldwell Notary Public, Georgia, State at Large My Commission Expires Apr. 22, 1989 (SEAL) Approved March 19, 1987. DEKALB COUNTY AIRPORT AUTHORITY ABOLISHED. No. 320 (House Bill No. 667). AN ACT To repeal specifically an Act creating the DeKalb County Airport Authority, approved March 16, 1976 (Ga. L. 1976, p. 2926), as amended; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the DeKalb County Airport Authority, approved March 16, 1976 (Ga. L. 1976, p. 2926), as amended, 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 of the intention to apply for local legislation to be introduced during the 1987 Session of the General Assembly to repeal the DeKalb County Airport Authority (Ga. Laws 1976, p. 2928 As Amended). Manuel J. Maloof Chief Executive Officer DeKalb County 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-DeKalb Airport Authority a true copy of which is hereto annexed, was published in said newspaper in its issue of the 15th day of January, 1987. /s/ Gerald Wm. Crane, Co-Publisher (by) /s/ Linda L. Orr Agent
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Sworn to and subscribed before me this 15th day of January, 1987. /s/ Janet K. Simpson Notary Public My Commission Expires June 4, 1990 (SEAL) Approved March 26, 1987. CITY OF WHITE MAYOR AND ALDERMEN; ELECTIONS; TERMS; VACANCIES. No. 321 (House Bill No. 854). AN ACT To amend an Act incorporating the City of White, in the County of Bartow, approved August 7, 1919 (Ga. L. 1919, p. 1385), as amended, so as to provide for the election of aldermen for terms of four years and until successors are elected and qualified; to provide for implementation; to provide for elections; to provide for the mayor; to provide for the filling of vacancies in the offices of aldermen; 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, in the County of Bartow, approved August 7, 1919 (Ga. L. 1919, p. 1385), as amended, is amended by striking in its entirety Section 4 and inserting in its place a new Section 4 to read as follows: Section 4. (a) City elections shall be held biennially on the second Thursday in December in even-numbered years. Elections shall be held as provided in Chapter 3 of Title 21 of the O.C.G.A. All persons residing in the city who are qualified to vote for members of the General Assembly shall be qualified, upon registration, to vote in city elections.
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(b) The mayor and aldermen in office on the effective date of this Act shall serve until the expiration of the terms for which they were elected. (c) At the city 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. (d) At the city election in 1988, there shall be elected four aldermen from the city at large. The two candidates receiving the highest and second highest number of votes cast at said election shall be elected for terms of four years and until successors are elected and qualified. Thereafter, successors shall be elected for terms of four years and until successors are elected and qualified. The two candidates receiving the third and fourth highest number of votes cast at said election shall be elected for terms of two years and until successors are elected and qualified. Thereafter, successors shall be elected for terms of four years and until successors are elected and qualified. Section 2. Said Act is further amended by striking in its entirety Section 4A and inserting in its place a new Section 4A to read as follows: Section 4A. (a) Except as provided in subsection (b) of this section, in the event of a vacancy in the office of alderman by reason of death, resignation, or otherwise, the vacancy shall be filled by appointment by the remaining aldermen. The person so appointed shall serve for the remainder of the unexpired term and until a successor is elected and qualified. (b) In the event of a second or subsequent vacancy occurring during a two-year period between city elections, the mayor and remaining aldermen shall call a special election as provided in Chapter 3 of Title 21 of the O.C.G.A. to fill the remainder of the unexpired term and until a successor is elected and qualified. 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
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1987 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of White, in the County of Bartow, approved April 7, 1919, (Ga. L. 1919, p. 1385), as amended; and for other purposes. This 9th day of February, 1987. (s)Honorable Hugh Boyd Pettit, III Representative, 19th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Boyd Pettit III, 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 12, 1987. /s/ Hugh Boyd Pettit III Representative, 19th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 26, 1987. CITY OF COCHRAN CITY COUNCIL; POWERS; CLOSING STREETS; EASEMENTS; DISPOSAL OF PROPERTY. No. 322 (House Bill No. 863). AN ACT To amend an Act providing for a new charter of the City of
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Cochran, approved August 15, 1904 (Ga. L. 1904, p. 407), as amended, so as to change the provisions relating to the powers of the governing authority of the City of Cochran; to authorize the governing authority of the City of Cochran to abolish, vacate, close, or abandon any street, road, alley, or walkway within the corporate limits of the city and to sell, grant easements over, or dispose of any such property abolished, vacated, closed, or abandoned; 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 charter of the City of Cochran, approved August 15, 1904 (Ga. L. 1904, p. 407), as amended, is amended by striking Section 65 in its entirety and inserting in lieu thereof a new Section 65 to read as follows: Section 65. Be it further enacted by the authority aforesaid, that the city council of Cochran shall have full power and control over the streets, sidewalks, alleys, and parks of said city, and shall have full power and authority to condemn property for the purpose of opening, laying out, widening new streets, alleys, and parks, and to erect any public buildings necessary for the city, or any of its departments, and for widening, straightening, or otherwise changing the grades of streets and sidewalks and alleys of said city, and whenever the city council shall desire to exercise the power granted in this section, it may be done, whether the land sought to be condemned is in the hands of the owner, or a trustee, executor, administrator, agent, or guardian, in the same manner provided in Chapters 2 through 5 of Title 36 of the O.C.G.A., and Acts amendatory thereof. Said city council shall have full power and authority to remove, or cause to be removed, any buildings, steps, fences, gates, posts, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or other public places in said city, and to enforce the provisions of this section by appropriate legislation. The city council shall have the authority to abolish, vacate, close, or abandon any street, road, alley, or walkway within the corporate limits of the city, and to sell, grant easements over, or dispose of any such property abolished, vacated, closed, or abandoned. Section 2. All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter of the City of Cochran, approved August 15, 1904 (Ga. L. 1904, p. 407), as amended, and for other purposes. This 11th day of February, 1987. /s/W. Newt Hudson Representative, 117th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Newt Hudson, who, on 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 Cochran Journal which is the official organ of Bleckley County, on the following date: February 11, 1987. /s/ Newt Hudson Representative, 117th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1989 (SEAL) Approved March 26, 1987.
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CITY OF STATESBORO NEW CHARTER. No. 323 (House Bill No. 880). AN ACT To create a new charter for the City of Statesboro; to provide for the corporate limits of said city; to provide for the mayor and council; to designate the mayor and city council of Statesboro as a body corporate and politic with the power and authority to exercise all of the common functions of government; to provide for the terms of office of the mayor and members of the council; to disclaim any responsibility or liability of the city for unauthorized arrest or false imprisonment; to provide that city officers shall not be personally interested in contracts or other dealings with the city; to forbid nepotism; to provide for an oath of office for the mayor and members of the council; to provide that the mayor and councilmembers shall reside within the corporate limits of the city during their terms of office; to provide that changing residency to one outside city shall immediately cause a vacancy; to provide for filling vacancies in the offices of mayor and council; to provide for the selection of a mayor pro tempore and the duties of such officer; to provide for meetings of the council, minutes, and proceedings; to provide for the selection, term, compensation, bond, oath, and removal of officers and employees of the city; to provide for a city clerk; to provide for ex officio duties of the clerk; to authorize the city council to elect a treasurer; to provide for the selection, status, regulation, and compensation of fire department personnel; to provide for the enactment of ordinances; to provide for the authority of the mayor to vote; to provide for the posting and publication of ordinances; to provide for regulations for the general welfare; to provide that the city council shall have power and control over the finances and property of the city; to provide for the executive powers of the mayor; to provide for fire and building regulations; to provide for the designation and abatement of nuisances; to provide for the procedure for the removal of noisome weeds and vegetable growth; to provide for the impoundment and redemption or sale of animals at large within the city; to provide for the acquisition, improvement, and maintenance of parks; to provide for the regulation of vehicles; to provide for zoning rules, regulations, and ordinances; to provide for the
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procedure for the sale of municipal water or gas systems; to provide for the grants of utility franchises; to provide for restrictions upon the grants of utility franchises; to provide for the issuance and purpose of bonds; to provide for the preservation of existing ordinances; to provide for the establishment and jurisdiction of a recorder's court; to provide for the authority of the recorder's court; to limit penalties which may be imposed by the recorder's court; to provide for the review of decisions of the recorder's court; to provide for the time the recorder's court begins to function; to provide for the selection, term, qualifications, and compensation of the recorder; to provide who may act in case of the disqualification, illness, or absence of the recorder or in the event of a vacancy in the office of the recorder; to provide the procedure for removal of the recorder; to provide for a clerk of the recorder's court; to authorize the recorder to issue warrants for arrest and to fix bail; to provide for commitment for violation of penal laws of the state; to provide for arrest without a warrant and authority to summon assistance; to provide for the authority to release a prisoner upon the posting of an appearance bond; to provide for the forfeiture of an appearance bond; to provide the authority to enforce by execution the collection of taxes, debts, and claims due the city; to provide for the payment of costs of execution and sale thereunder; to provide for the time, place, and manner of execution and the sale, delivery of title, and possession of property; to provide for the force and effect of executions; to provide for defenses to executions; to provide that the officer conducting an execution sale shall execute title and deliver possession; to provide that the uniform registration cards shall be safeguarded by the city clerk; to provide for the time of registration; to provide for the registration and oath of voters; to provide for an appeal from decisions as to right to register; to provide for correcting and purging registration lists; to provide for furnishing a list of voters to election managers; to provide for special elections; to provide for the election and terms of office of the mayor and council; to provide for eligibility requirements of the mayor and council members; to provide for entrance fees for candidates for office of mayor or council member and qualification dates; to provide election districts for council members; to provide for the qualification of electors; to provide for election managers, their functions, oath of office, selection, and compensation; to provide for the conduct of elections, hours for polls to remain open, and certification
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of results; to provide for the penalty for illegal voting; to provide the procedure to contest the results of elections for mayor and council members; to provide the effect of filing a notice to contest an election; to provide for absentee voting; to provide for write-in candidates; to authorize the mayor and council to levy and collect an ad valorem tax; to provide for the imposition of business or occupation taxes and the enforcement thereof; to provide for the licensing and regulation of business, trades, occupations, callings, and professions; to provide for an effective date of licenses and the proration of the taxes or fees imposed; to provide the authority for the establishment, maintenance, and extension of a sewage and drainage system; to authorize the mayor and council to issue bonds for sewage and drainage systems; to provide that the city shall have power and authority over pipes, sewers, and private drains; to provide for the power and authority of the city over streets, lanes, alleys, sidewalks, and public places; to authorize the city to vacate, close, or abandon streets and alleys and to sell or alienate streets and alleys; to provide for the issuance of bonds for street improvements; to provide for conditions which shall be applicable to railroads at the time of proposed street improvements; to provide for improvements of the right of way by the railroad or the city at the expense of the railroad; to provide for the effect of a railroad right of way traversing city streets; to provide for related matters; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: CITY OF STATESBORO CHARTER Article I. In General Section 1-1. Incorporation. The City of Statesboro, in the County of Bulloch, is hereby incorporated. Section 1-1.1. Corporate limits. In addition to the area embraced within the corporate limits of the City of Statesboro
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on April 30, 1987, the following described property shall likewise be embraced within the corporate limits of the city: Beginning at a point on the Northern edge of the right of way of U.S. Highway 80 at a point common to Bel-Air Estates and lands of Naughton Beasley which said point is located at the Southeastern extremity of the proposed new limits of the City of Statesboro, the line runs North 20 degrees 34 minutes East 629.7 feet; thence North 7 degrees 02 minutes East 1600 feet; thence North 12 degrees 58 minutes East 1200 feet; thence North 72 degrees 02 minutes West 660.5 feet to a point at lands of William Bland; thence continuing on a line between lands of Bel-Air Estates and William Bland South 41 degrees 50 minutes West 2259.75 feet; thence South 54 degrees 12 minutes West 874.05 feet to a point of the Northern edge of said U.S. Highway 80; thence continuing along the Northern edge of said Highway North 53 degrees 25 minutes West 85.5 feet; thence North 51 degrees 52 minutes West 284 feet; thence North 50 degrees 59 minutes West 300 feet; thence North 49 degrees 33 minutes West 347.5 feet to a point on the Northern edge of said Highway at lands of John W. Johnson; thence North 46 degrees 59 minutes East 2481.4 feet; thence North 41 degrees 29 minutes West 704.39 feet crossing a county road at lands of Lester; thence North 25 degrees 23 minutes West 3134.82 feet to a point on the Northern edge of East Main Street on a line common to lands of Dr. Ed Smart and Lawrence Williams; thence North 0 degrees 20 minutes West 1994.24 feet to a point common with lands of Remer Mikell Estate and Dr. Ed Smart; thence South 84 degrees 25 minutes West 996.73 feet to a point common to lands of Rushing and Murphy, W. A. Bowen and W. R. Altman; thence North 4 degrees 17 minutes West 1952.97 feet to a point common to lands of C. P. Olliff Estates and Lester Olliff; thence South 83 degrees 20 minutes West 1299.82 feet to a point on the Western edge of the Packing House Road; thence North 61 degrees 36 minutes West 320.2 feet to a point at lands of Davis Barnes; thence North 34 degrees 32 minutes West 422.1 feet to a point on the Eastern edge of U.S. Highway 301; thence crossing said Highway the line runs North 81 degrees 01 minutes West 2662.2 feet across lands of Mrs. J. G. Kennedy estate to a point on the Western edge of the right of
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way of the Central of Georgia Railway; thence following the curvature of said Railroad North 14 degrees 04 minutes East 211.72 feet; thence North 17 degrees, 32 minutes East 205.6 feet; thence North 20 degrees 46 minutes East 205.46 feet; thence North 24 degrees 00 minutes East 205.32 feet; thence North 27 degrees 13 minutes East 205.18 feet; thence North 30 degrees 41 minutes East 205.04 feet; thence North 33 degrees 46 minutes East 204.9 feet; thence North 36 degrees 36 minutes East 204.76 feet to a point on the Western edge of the right of way of said Railroad; thence continuing along the Western edge of said Railroad North 38 degrees 02 minutes East 1409.36 feet to a point at lands of Cleve Love; thence North 24 degrees 20 minutes West 224.5 feet; thence crossing Fletcher Drive North 9 degrees 56 minutes East 428.5 feet to a point in the center line of a county road; thence North 76 degrees 35 minutes West 434.9 feet; thence North 16 degrees 06 minutes West 775.9 feet to a point common to lands of Mrs. F. F. Fletcher and Cleve Love; thence on a line separating lands of Mrs. F. F. Fletcher and J. G. Fletcher North 86 degrees 34 minutes West 634.6 feet; thence North 3 degrees 56 minutes East 11.3 feet; thence North 86 degrees 34 minutes West 920.2 feet to a point on the Eastern edge of Lakeview Road and lands of J. G. Fletcher; thence North 2 degrees 28 minutes East 2008.65 feet; thence continuing along the Eastern edge of said road North 3 degrees 36 minutes East 430.1 feet; thence crossing said Lakeview Road in a Westerly direction North 86 degrees 42 minutes West 1211.2 feet at lands of Sally Zetterower; thence South 39 degrees 16 minutes West 732.6 feet; thence South 6 degrees 57 minutes East 1082.25 feet; thence South 16 degrees 57 minutes West 600 feet; thence crossing a pond South 34 degrees 35 minutes West 955.07 feet to lands of Mooney Estate and Francis W. Allen; thence South 31 degrees 14 minutes West 585.0 feet to a point at the old Statesboro City Limits; thence continuing along said old city limits line South 28 degrees 23 minutes West 1400.74 feet; thence continuing along the same line South 10 degrees 22 minutes West 1463.14 feet; thence crossing U.S. Highway 25 and U.S. Highway 80 in a Westerly direction the line runs North 84 degrees 29 minutes West 634.02 feet; thence continuing along the existing city limits of said city South 18 degrees 27 minutes East 999.9 feet to lands of F. C. Parker; thence
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leaving the existing city limits of said city the line runs South 72 degrees 31 minutes West 2641.0 feet to a point on the Southern edge of a county road; thence continuing the crossing West Main Street in a Southerly direction the line runs South 0 degrees 16 minutes East 4299.2 feet; thence South 3 degrees 04 minutes West 3573.0 feet to a point just South of the Country Club Road and just West of the intersection of said Country Club Road and the Riggs Mill Road South of the residence of Mrs. W. G. Neville; thence on a line through lands of Mrs. Bruce Olliff South 32 degrees 21 minutes East 3329.5 feet; thence South 27 degrees 24 minutes East 1018.1 feet to a point on the Northern edge of the right of way of the Central of Georgia Railway running from Statesboro to Metter; thence bisecting lands of W. W. Brannen the line runs South 38 degrees 20 minutes East 1128.3 feet; thence crossing U.S. Highway 301 South 31 degrees 35 minutes East 2109.4 feet, said line bisecting lands of Nath Foss and Georgia Southern College; thence continuing on a line common to Georgia Southern College and Sam Johnston Estate South 52 degrees 58 minutes East 2442.0 feet; thence North 32 degrees 09 minutes East 16.0 feet; thence crossing a new paved highway South 65 degrees 37 minutes East 748.44 feet to a point on the Eastern edge of said new paved highway at lands common to B. W. Knight and Inman Lanier; thence South 65 degrees 17 minutes East 2623.9 feet to a point at lands of Mrs. Willie O. Cobb; thence crossing Highway 67 in an easterly direction the line runs North 78 degrees 13 minutes East 2980.2 feet to an off-set point in said line; thence continuing on the same bearing a distance of 1340 feet to a point in the center of Little Lotts Creek; thence continuing along the meanderings of said Little Lotts Creek in a general Northwesterly direction to a point common to Henry Brannen and Mrs. Katheryn Lovett marked by a concrete monument in the center of said creek; thence continuing along a line bisecting lands of Mrs. Katheryn Lovett North 9 degrees 46 minutes West 1125.0 feet; thence North 38 degrees 02 minutes East 1632 feet to a point at lands of Mrs. Lovett; thence South 52 degrees 33 minutes East 2025.07 feet to a point common to lands of Mrs. Katheryn Lovett and Henry Brannen; thence North 56 degrees 23 minutes East 300 feet to a point on the Southern edge of the right of way of U.S. Highway 80; thence continuing along
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the Southern edge of said Highway the line runs South 54 degrees 19 minutes East 248.3 feet; thence South 58 degrees 27 minutes East 200 feet; thence South 61 degrees 54 minutes East 138.5 feet; thence South 63 degrees 31 minutes East 889.9 feet to a point on the Southern edge of said Highway; thence crossing said Highway North 31 degrees 49 minutes East 100.3 feet to the point of beginning, according to plat of same by Lamar O. Reddick, Surveyor, dated February 15, 1967 and recorded in Plat Book 7, page 51, Bulloch County records. Section 1-2. Mayor and council; designated, constituted body corporate and politic; exercise of common functions of government. The municipal government of the City of Statesboro shall consist of a mayor and five members of the council who are constituted a body corporate under the name and style of the Mayor and City Council of Statesboro, and by such name they shall have perpetual succession, with power and authority to contract and to be contracted with; to bring and defend actions; to plead and be impleaded; to have and use a common seal; shall be able in law or equity to purchase, have, hold and enjoy, receive, possess, and retain to themselves and their successors in office, for the use and benefit of the City of Statesboro, in perpetuity or for any term of years, any estate or estates, real or personal, of every kind and nature, inside or outside the corporate limits for corporate purposes; to have and to hold all property now belonging to the city either in its own name or the name of others for the use of the city for the purpose and intents for which the same was given, granted, dedicated, or purchased; to use, manage and improve, sell, convey, rent, or lease the same; shall have like power over the property hereinafter acquired; and shall succeed to all the rights and liabilities of the present corporation. They shall have the power to borrow money and give evidence of indebtedness for the same; to issue bonds from time to time; and to do and perform all and every act or acts necessary or incidental to the raising of funds for the legitimate use of the city. They shall have the right, power, and authority to govern themselves by such rules, bylaws, regulations, ordinances, or other orders as they may deem proper, not in conflict with this charter or the Constitution and laws of this state or of the United States.
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Section 1-3. Terms of officers, terms of present officers. The term of office of the mayor and the members of the council shall be four years and until their successors are elected and qualified. Section 1-4. Responsibility of city for unauthorized arrest, false imprisonment. In no case shall the city be liable for damages to any person or persons for any unlawful or unauthorized arrest or false imprisonment made or effected by the marshal, chief of police, or any other policeman of the city; but if damages are ever thus sustained, they can only be recovered out of the officer or officers whose unlawful and unauthorized conduct may have produced them. Section 1-5. Interest in contracts, nepotism, prohibited. No mayor of the city nor member of city council nor any other officer of the city shall be personally interested, directly or indirectly, in any contract made by the city or receive any profit or emolument for any purchase or sale of material or other article sold to the city or paid for out of the public revenues of the city; and nepotism in any of the board or officers of the city is expressly forbidden. Article II. Mayor and Council Section 2-1. Oath of office of mayor, members of council. Before entering upon the discharge of their respective offices, the mayor and council shall each make and subscribe the following oath: I do solemnly swear that I will faithfully discharge all duties devolving on me as mayor (or councilman as the case may be) of the City of Statesboro, during my continuance in office, according to the best of my ability and understanding, so help me God. The oath signed by each officer shall be entered upon the records of the city. Section 2-2. Vacancy declared in offices of mayor and council if officer changes residency to one outside city. The mayor and each member of the council of the city shall reside within
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the corporate limits of the city during their terms of office. If any officer changes residency to one outside of the city, such officer's office shall be declared vacant. Section 2-3. Filling vacancy in office of mayor, member of council. In case of a vacancy in the office of mayor caused by death, resignation, failure to elect, removal of residence from the city, or otherwise, the vacancy shall be filled by the city council of the city, which shall proceed at once to elect a mayor for the unexpired term, it being declared lawful and competent for the city council to elect one of its own members should it see fit. In the event a vacancy occurs on the council for any reason other than the expiration of the term of office more than 120 days before the expiration of the term of office for the vacant seat, a special election to fill the unexpired term shall be held in accordance with Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code, and the applicable terms of this order in respect to residency and qualification. 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 shall be filled. In the event that a vacancy occurs with less than 120 days remaining before the expiration of the term of office for the vacant seat, the remaining members of the council shall appoint a person who satisfies the residency requirements for the district or post in which the vacancy occurs to serve for the unexpired term. The mayor and councilman thus elected shall, before entering upon the duties of their respective offices, take the oath of office heretofore prescribed. Section 2-4. Mayor pro tempore; selection, function, duties. The city council shall, at its first meeting after election and qualification, elect one of its members as mayor pro tempore, who shall, in the absence or disqualification of the mayor, be the presiding officer of the city council, shall be allowed to vote on all questions, and shall, in the absence or disqualification of the mayor, exercise all the functions of the office of mayor; and all the duties, powers, rights, and privileges conferred by this charter upon the mayor may and shall be exercised by
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the mayor pro tempore in the absence or disqualification of the mayor or when the mayor, from sickness or from other reasons, is unable to act. Section 2-5. Meetings, minutes, proceedings of council. The city council of the city shall be presided over at its meetings by the mayor or, in his absence, by the mayor pro tem, and a majority of the council shall be necessary to form a quorum for the transaction of business. The council shall cause to be kept in a well-bound book an accurate record of all its proceedings, bylaws, acts, orders, ordinances, and resolutions, which book shall be fully indexed and open to the inspection of anyone who is required to pay taxes in the city. The council shall hold monthly, semimonthly, or weekly sessions as it may determine, and the mayor or mayor pro tem may cause to be held such other and additional meetings as emergencies may, in his discretion, require. At each meeting of the city council the proceedings of the last meeting shall be read, corrected if erroneous, and signed and approved as correct by the presiding officer for the time being. Upon the call of any member the yeas and nays on any questions shall be taken and recorded on the book of minutes. Article III. Officers and Employees Section 3-1. Selection, term, compensation, bond, oath, removal. The city council of the city shall have the power to appoint one or more policemen, one of whom shall be chief of police; a clerk; a treasurer; an attorney; and such other employees as the necessities of the city may demand. The terms of office of the employees of the city shall be as provided for by council through the adoption of personnel policies, and all of them shall take an oath to perform faithfully the duties of their respective offices and give such bond and security as may be required by the city council. Section 3-2. City clerk, ex officio capacity designated; authority to appoint separate treasurer. The clerk of the city council of the city shall be ex officio treasurer of the city, and shall be ex officio a member of the board of tax assessors of the city,
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and the duties of the office shall be prescribed by the city council. The clerk shall be required to give such bond and security as the city council shall fix, conditioned upon faithful performance of the duties of treasurer of the city; provided, however, that should the city council see fit it may separate the offices of treasurer and clerk and elect a treasurer of the city, prescribe duties, fix a salary, and require bond and security. Section 3-3. Fire department personnel; selection, status, regulation, compensation. The mayor and city council shall elect a chief of the fire department and any other officers and men thereof. They shall have power to prescribe all rules and regulations for the general management of the officers and men of this department and fix the salaries of the same. The chief and members shall be appointed, suspended, and removed as provided for by council through the adoption of personnel policies. Article IV. General Powers of the City Section 4-1. Enactment of ordinances, vote required; authority of mayor to vote; posting, publication. The city council of the city shall have power and authority to enact such ordinances from time to time as it may deem necessary to enforce the provisions of this charter, but no ordinance or other measure shall be passed unless it receives the vote of three councilmembers, if there is a full board of five present; or in the event a full board of five councilmembers is not present, no ordinance or other measure shall be passed unless it receives the votes of three councilmembers; provided, however, that in case of a tie the mayor shall have the right to vote, and any ordinance or other measure in such cases receiving the votes of two councilmembers and the mayor shall be passed and held of full force and effect. In no case shall the mayor have the right to vote upon any ordinance or measure, except in case of a tie; but it shall be his duty to vote in all cases where a tie arises, whether with a full vote of five present or not, and such vote, when cast, shall count as the vote of a councilmember in determining whether any ordinance has received the three votes necessary to pass. In the event a councilmember shall be disqualified from voting in accordance with the disqualification prescribed by the law of this state, or shall refuse to vote, a note of the refusal or disqualification shall be made upon the book of minutes and
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the remaining members of the council shall proceed to vote and act as if the councilmember were absent. It shall be optional but not compulsory for the city council to have posted any measure, ordinance, or resolution at such places in the city as it may direct, for the information of the public, or it may have the same published in any newspaper of the city, but failure to so post or publish any ordinance, measure, or resolution shall in no wise operate to render same void. Section 4-2. Regulations for general welfare. To carry into effect the powers conferred upon the mayor and city council by this charter or any future amendments to the charter by the General Assembly of this state, and for the preservation of the peace, good order, temperance, morality, and general welfare of the city and the inhabitants thereof, the city council shall have the power and authority to make and pass all needed by-laws, ordinances, resolutions, rules, and regulations not contrary to the Constitution and laws of this state. Section 4-3. Control over finances, property of city. The city council shall have the power to control the finances and property of the city, to appropriate money, and to provide for the payment of the debts and expenses of the corporation. Section 4-4. Executive powers of mayor. The mayor of the city shall ensure that all laws, ordinances, and resolutions of the city are faithfully enforced and executed and that all officers of the city shall faithfully discharge the duties required of them; he shall have general jurisdiction and supervision of the affairs of the city; he may exercise within the city the power conferred upon constables and sheriffs to suppress disorder and keep the peace; he shall have authority to inspect the books and papers of any agent, employee, or officer of the city; he shall, from time to time, and especially at the end of each official year, give the city council information relative to the affairs of the city; and he shall recommend for the consideration of the council such measures as he may deem fit. Section 4-5. Fire and building regulations. The mayor and council shall have the power to fix and establish fire limits and
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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; also the mayor and council shall have the power to regulate the erection and construction of buildings and all other structures, including but not limited to adoption of building, housing, plumbing, electrical, gas, energy, and heating and air-conditioning codes, and to provide by ordinance penalties for any violation of the same. Section 4-6. Nuisances; designation, abatement. The mayor and city council are empowered to declare what shall constitute a nuisance within the limits of the City of Statesboro and to pass such ordinances as are necessary to prevent the same, and by ordinance they may empower the mayor's (recorder's) court of the city to abate same and authorize the removal of such nuisance within the city limits of the City of Statesboro and to punish the person, persons, firms, or corporations causing or allowing such nuisance to exist, and they may provide for the assessment of the expense of the removal of such nuisance against such person, persons, firms, or corporations causing or continuing same and may provide for the collection of such expense by execution, the execution to have the same force and effect as city tax executions. Section 4-7. Procedure for the removal of noisome weeds and vegetable growth. (a) Authority. The mayor and city council of the City of Statesboro shall have the power and authority to require the owner, or his duly authorized agent, of any lot, tract, parcel of land, or premises in the City of Statesboro to cut and remove from the same, at any time that the city engineer of the city may deem necessary, any and all weeds or vegetable growth thereon which might endanger the public health. If, after 15 days from service of written notice to such owner or the owner's duly authorized agent by the city engineer of the city, the vegetable growth or weeds are not cut and removed, the mayor and city council may cut and remove the same and charge the expense of the same to the owner. (b) Execution. The mayor and city council shall have the authority to enforce the collection of the charges for cutting
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and removing such weeds or vegetable growth, when such charges are due and remain unpaid for a period of 30 days, by execution to be issued by the city clerk of the city against the owner of the premises from which the vegetable growth or weeds are cut and removed and such other person as may be liable therefor. The execution shall be a lien upon the premises and, when recorded upon the general execution docket of Bulloch County, Georgia, shall be a lien upon all of the property of the defendant in execution from the date of such record. (c) Contents of notice. The notice required shall consist of a written notice delivered to the owner or his duly authorized agent, in person or by registered mail, signed by the city engineer of the City of Statesboro and directed to the property owner in the City of Statesboro requiring such property owner within 15 days after the date of the service of such notice to cut and remove any and all weeds or vegetable growth that may exist upon the land or premises of such property owner. (d) Procedure on execution. The said execution shall be levied and the property sold in the manner now provided for the levy and collection of taxes by the City of Statesboro, and defenses available to the defendant in execution as well as the proceedings for filing a claim to the property levied upon by third persons shall in all respects be similar to the proceedings and provisions of the law applicable to the levy of execution for taxes in said city. Section 4-8. Impoundment and redemption or sale of animals at large within the city. The mayor and city council shall have power and authority to prevent stock from running at large; to take up and impound any horse, cow, hog, goat, or other animal found at large within the corporate limits of the city; and to provide by the proper ordinance for the redemption or sale of the same; and to enact such laws and ordinances as may be considered necessary to carry out the provisions of this section. Section 4-9. Parks; acquisition, improvement, maintenance. The mayor and city council shall have power and authority to purchase suitable vacant lands for parks and to pay for the same out of the current funds, and to accept gifts of land to be
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used as parks, and to improve and maintain the same, at any time they may deem necessary. Section 4-10. Regulation of vehicles. The mayor and city council shall have power and authority to regulate the operation of motorized and nonmotorized vehicles and to exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; such power and authority shall include but not be limited to adopting uniform traffic codes for the regulation of traffic and prescribing penalties and punishment for violation thereof. Section 4-11. Zoning rules, regulations, and ordinances. (a) The mayor and council are authorized to promulgate rules, regulations, and ordinances whereby the City of Statesboro, Georgia, may be zoned and districted for various uses, and other or different uses prohibited therein, and to regulate the use or uses for which such zones or districts may be set apart, and to promulgate rules, regulations, and ordinances for the development of real estate. (b) The authority given to the City of Statesboro, Georgia, acting through its mayor and council or the governing authorities thereof to pass zoning and planning laws, is that provided in Article IX, Section II, Paragraph IV of the Constitution of Georgia. Section 4-12. Procedure for the sale of municipal water, gas systems; referendum required. The mayor and city council of the City of Statesboro may not sell, rent, lease, or otherwise dispose of the municipal water system or the municipal gas system without first obtaining permission therefor by a referendum and election in which qualified voters of the city vote; and of all the voters voting in such referendum, at least a majority of whom must vote in favor of leasing, selling, renting, or otherwise disposing of the municipal water system or the municipal gas system before the mayor or council shall be authorized to perform such acts. Section 4-13. Grants of utility franchises. The mayor and city council are authorized and empowered by ordinance to grant
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franchises or make contracts for public utilities and public services; 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 such regulations by the Georgia Public Service Commission. Section 4-14. Restrictions upon grant of franchises; duration limited, renewal prohibited. The mayor and city council of the City of Statesboro shall grant a franchise to any electric power company, gas company, telephone company, telegraph company, or any other public or private utility which shall be for a period as specified by the council; the franchise when granted shall contain no renewal or continuation privileges and at the expiration of the franchise, it shall be necessary for said utility companies to obtain a new franchise from the mayor and city council. Section 4-15. Issuance of bonds; purposes designated. The mayor and city council shall have full power and authority to issue bonds for the purpose of meeting and maturing outstanding bonds of the city and for any purposes of internal improvements whatever, under the Constitution and laws of Georgia regulating the issuing of municipal bonds. Section 4-16. Existing ordinances preserved. This charter shall not abolish any of the ordinances now of force in the city, except where they may come in conflict with this charter, but shall preserve and continue the same in operation. Article V. Recorder's Court Section 5-1. Establishment, jurisdiction. There is established a recorder's court for the city, which shall be presided over by a recorder and which shall have jurisdiction of offenses against the laws and ordinances of said city. Section 5-2. Authority of recorder's court. The recorder's court shall have the power to preserve order; to compel the attendance of witnesses; to compel the production of books and papers to be used as evidence; to punish for contempt; to punish witnesses for nonattendance; and to punish all persons who shall counsel, advise, aid, encourage, or intimidate a witness
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whose testimony is material or desired before the court. The court shall have the power to enforce its judgment by inflicting such penalties as may be provided by the ordinances of the city. Section 5-3. Limit upon penalties which may be imposed by recorder's court. Punishment for any violation of a city law or ordinance, not otherwise provided in this article or by ordinance, and the punishment for contempt shall be one or more or all of the following punishments at the discretion of the court: a fine not exceeding $1,000.00; imprisonment in the city jail or in the county jail by permission of the county authorities for a period not exceeding 30 days; or work on the street, or such other places where the offender may be lawfully placed at work under the provisions of this charter, for a period not exceeding 30 days. Section 5-4. Review of decisions of recorder's court. A review of a decision of the court shall be by certiorari to the Superior Court of Bulloch County as provided by law for certiorari in other cases. Section 5-5. Time for recorder's court to begin to function. The recorder's court shall begin to function upon the completion of the legal requirements setting up the court. Section 5-6. Selection, term, qualifications of recorder. The mayor and council of the City of Statesboro shall appoint a recorder. The recorder shall be a resident of Bulloch County and shall be at least 21 years of age and a practicing attorney who has practiced law for two years before his election. Section 5-7. Compensation of recorder. The recorder shall be compensated in an amount determined each year by the mayor and city council, to be paid in equal monthly installments. Section 5-8. Who may act in case of the disqualification, illness, or absence of the recorder or in the event of a vacancy in office of recorder. In case of disqualification, illness, or absence from the city of the recorder or in the event of a vacancy in the office of the recorder, the mayor or any one of the councilmembers may act as recorders and have all the power and authority of recorder while acting as such.
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Section 5-9. Procedure for removal of recorder; written charges, hearing required. The recorder shall be subject to removal at any time by a vote of the majority of the mayor and city council. Before removal, however, written charges must be preferred against him, setting out in detail the nature of the charges against him, which charges must be signed by one or more of the mayor and council. The recorder must be furnished with a copy of such charges and of the time when same will be heard, which must not be less than five days after a copy of such charges has been furnished him. Such hearings shall be public and the recorder shall have the right to be present and to call the witnesses he may desire in his own defense, but the action of the mayor and council in removing or in refusing to remove the recorder after such hearing or after he is given the opportunity to be heard shall be final, and there shall be no appeal from the action of the mayor and council. Section 5-10. Clerk of recorder's court; designation, function. The chief of police or his appointee is designated as clerk of the court and shall attend all sessions and keep such records and documents for the use of the court as shall be required of him, keep and preserve order, issue summonses and subpoenas, and do all and other things necessary or required by the recorder of the court. In the event of the absence or illness of the chief of police, then the acting chief of police is designated as clerk of the court during the absence of the chief of police. Article VI. Arrest Section 6-1. Authority to issue warrants for arrest, to fix bail. The recorder or other authorized official designated under Georgia law, of the city is authorized to issue warrants for the arrest of all persons charged, upon affidavits made before him, with having committed within the limits of the City of Statesboro offenses against any penal law of the state, and to take examination of such persons, and the same to discharge or commit to prison or to let to bail, according to law, to answer such charge before the court having jurisdiction in the same manner as justices of the peace of the counties of the state, now or hereafter may have by law, all of which warrants shall be addressed to the chief of police of Statesboro, Georgia, or any lawful policeman thereof, and to all and singular the sheriffs, deputy sheriffs, and constables of this state, and any one of the officers shall
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have the same authority to execute the warrants as the sheriffs of this state have to execute criminal warrants. Section 6-2. Commitment for violation of penal laws of state. If, on the trial of any person before the mayor, (recorder) mayor pro tempore, (recorder) or city council for violation of any ordinance or law of the city, it shall appear that probable cause exists against such persons for violating the penal laws of the state, it shall be the duty of the court trying such person to commit such persons or person to prison or set bail, to answer before the court having jurisdiction of the same for the offense committed. Section 6-3. Arrest without warrant; authority to summon assistance. It shall be lawful for the chief of police of the city, or any regular or special policeman thereof, to arrest without warrant any and all persons if the offense is committed in his presence or within his immediate knowledge, if the offender is endeavoring to escape, if the officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed, or for other causes if there is likely to be a failure of justice for want of a judicial officer to issue a warrant. The offender so arrested shall be held until a hearing of the matter before the proper officer can be had, and to this end the arresting officers are authorized to imprison and confine any person arrested by them in the city jail or in the county jail of Bulloch County for a reasonable length of time. The chief of police, regular or special policeman, shall have the power and authority to call to his assistance, in order to arrest and detain such offenders, the sheriff of the county or his deputies, any constable of the county, or members of other law enforcement agencies both state and federal. Section 6-4. Authority to release prisoner upon posting appearance bond. The chief of police, or his appointee, shall have the right and privilege (though they shall not be compelled, if it would be dangerous, to allow their prisoner to run at large) to release any person arrested within the corporate limits of the city, upon such person giving a bond to be approved by the chief of police or his appointee or mayor (recorder), of the city, payable to the City of Statesboro, conditioned to pay the City of Statesboro an amount fixed by the chief of police or his appointee
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or mayor (recorder), and named in the bond, in the event the person arrested does not appear before the corporate authorities of this city at the time and place specified in the bond and from time to time until the person so arrested is tried for the offense for which he or she was arrested. Section 6-5. Forfeiture of appearance bond. If any person who has been arrested, charged with a violation of any law or ordinance of the City of Statesboro, and has given bond for his or her appearance before the proper corporate authorities to answer such charge, fails to appear at the time and place specified in the bond, the bond shall be declared forfeited and a rule nisi directed to the principal and security shall issue directing and requiring them to show cause before the mayor's (recorder's) court, at a sitting of the court to be held not less than 60 days from the time of the forfeited nisi, why the bond should not be absolutely forfeited, copies of which rule nisi shall be served upon the principal and sureties on the bond at least 20 days before the sitting to which it is made returnable, either personally or by leaving same at the most notorious place of abode of the person upon whom service is perfected, or by publishing same once a week for four weeks prior to the sitting of the court, to which the same is returnable in the official organ of Bulloch County. If at such return term no sufficient cause be shown to the contrary, the forfeiture shall be made final and absolute, and execution shall issue against the principal and securities on the bond, or such of them as have been served, for the full amount thereof and all costs, which shall include the cost of publication, if service by that method is used, which execution shall be signed by the clerk of the council and mayor of the city, and shall have the same lien and binding effect upon the property of the defendants therein as executions issued upon judgments in the justice and superior courts of this state. The execution shall be directed to the chief of police of Statesboro, and to all and singular the sheriffs, deputy sheriffs, and constables of the state, by any one of whom the same may be levied. Article VII. Municipal Claims Section 7-1. Execution to enforce collection. The city council shall have the authority to enforce by execution the collection of any debt or claim due or to become due to the city for taxes, license fees, rents, impounding fees, fines, and forfeitures, for
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laying sewers and mains, and for abating nuisances, and for any and all levies, assessments, debts, or demands, due or to become due to the city; the executions to be issued by the clerk of the city council, signed by him and the mayor of the city, directed to the chief of police of the City of Statesboro, and to all and singular the sheriffs, deputy sheriffs, and constables of this state, by any one of whom the same may be executed, and who are authorized to levy the same upon the property against which it is issued, or on the property of the owner against whom such execution shall issue, and the same to be sold as provided by Article 6 of Chapter 5 of Title 48 of the O.C.G.A. in cases of sales for taxes. Section 7-2. Payment of costs of execution, sale thereunder. The cost of the issuing and levying of any execution authorized by this charter, and of the sale of any property under the same, shall be paid by the person against whom the execution shall issue, or paid out of the proceeds of the property levied on and sold; and the city council of the city are authorized to prepare and establish a fee bill of the cost. Section 7-3. Time, place, manner of execution; sale, delivery of title, possession. It shall be the duty of the chief of police to levy all executions in favor of the city, and, after advertising for 30 days as sheriff's sales are advertised, he shall sell the property levied upon before the courthouse door in Bulloch County, on a regular sheriff's sale day, within the legal hours of sheriff's sales, at public outcry, to the highest bidder, and execute titles to purchaser, and shall have the same power to place the purchaser in possession as sheriffs of the state have; provided, however, should any of the property levied upon, as before provided, remain in the hands of the levying officer and is of a perishable nature or liable to deteriorate in value from keeping, or there is expense attending the keeping of the same (the same not being real estate), it may be sold as in such cases provided in Code Sections 9-13-163 and 9-13-164 of the O.C.G.A.; except that the order to sell shall be obtained from the mayor. In the event the executions are levied by any person authorized to levy and execute the same and not by the chief of police, the time, place, and manner of sale shall be the same as if levied by the chief of police. Section 7-4. Force, effect of execution. The executions issued in accordance with the power and authority conferred by
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Section 9-8 of this charter shall have the same force and binding effect as other executions for taxes; in case they are for ad valorem taxes due the city, and in case they are for other taxes, licenses, fines, forfeitures, or demands due the city, shall have the same force and binding effect as executions issued from the superior courts and justice courts of this state, and may be levied by any officer to whom they are directed, upon any property in the state subject to execution. Section 7-5. Defenses to executions. The same right and privilege shall belong to the person against whom executions issue to file an illegality to the execution, and to any person not a party to the execution to file a claim to the property levied on and give bond, as if the executions issued from a justice's or superior court of this state. The papers connected with claim or illegality cases shall be returned to that court, according to the amount involved, in Bulloch County, as provided by the laws of Georgia, which has jurisdiction to try such claims and illegalities. In the event the real estate levied on lies in another county, and a claim of illegality shall be filed, then such case shall be tried in that court in the county where the land lies, according to the amount involved, which has jurisdiction to try similar claims and illegalities. Section 7-6. Officer conducting an execution sale to execute title, deliver possession. In all cases, the officers conducting a sale under the execution shall execute title to the property sold and put the purchaser in possession of the same. Article VIII. Registration and Elections Section 8-1. Registration cards of voters to be safeguarded by city clerk; time for registration. It shall be the duty of the city clerk to safeguard the uniform registration cards, issued by the Secretary of State, at city hall for the proper registration of the qualified voters of the City of Statesboro. Registration shall be during normal business hours on each business day with the exception of the period of 30 days before an election, and during the 30 day period, the registration shall remain closed insofar as registration of voters for the pending election is concerned. Section 8-2. Registration of voters; oath of registrant. Any person desiring to register as an elector shall apply to a registrar
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or city clerk and shall furnish such officer with proper identification and information which will enable such person to fill in all blanks appearing on the registration card. On completion of the form, the officer shall administer the oath to the applicant and then have the applicant sign it, and the officer shall attest it. Section 8-3. Appeal from decision as to right to register; correcting, purging registration list. Any person to whom the right of registration is denied by the registration officer shall have the right to take an appeal to the superior court of the county; and any elector may enter an appeal to such court from the decision of the registration officer allowing any person to register. All appeals must be filed in writing with the city clerk within ten days from the date of the decision complained of and shall be returned by the city clerk to the office of the clerk of such court to be tried, de novo, as are appeals from the probate court. Pending an appeal and until the final judgment of the case, the decision of the registration officer shall remain in force. The city clerk or registrar shall have the authority to purge the list of electors of all illegal voters such as (1) persons convicted of a crime, the penalty of which is disfranchisement, (2) persons disqualified by reason of an adjudication of idiocy or insanity, or (3) names of persons who have died, also (4) any person who has not voted in at least one general or special election or primary in the preceding three years or has not requested a continuation of registration. Persons who have not voted or requested continuation shall be given notice by first-class mail at their last known address within ten days after removal of their names, such notice to state substantially as follows: You are hereby notified that according to state law, your registration as a qualified voter will be canceled for having failed to vote within the past three years, unless you request a continuance of your registration in writing by..... (month)..... (date)..... (year). Electors shall be given 20 days from removal date to request in writing a continuance of their registration.
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Section 8-4. List of voters to be furnished to, used by election managers. At least three days prior to the primary or election, the registrar shall file with the city clerk a certified copy of a list containing the names, addresses, and ZIP codes of all the electors found to be qualified. The list shall be alphabetically arranged by precincts, and it shall be the list of electors for the municipal election to be held in such year. The list shall be kept by the managers before them for their inspection during the election, and they shall not permit anyone to vote whose name does not appear on the list. Section 8-5. Special elections. All elections held at any other time than the regular elections, as above provided for, such as for the issuing of bonds by the mayor and city council, and in all special elections for any purpose whatever, shall be 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. Section 8-6. Election, terms of mayor and council. (a) On the first Friday in December, 1990, and quadrennially thereafter, an election shall be conducted in the City of Statesboro for the purpose of electing a successor to the mayor. The mayor shall take the oath of office prescribed by this charter and assume his duties on the first Tuesday in December after his election. (b) On the first Friday in December, 1987, and quadrennially thereafter, an election shall be conducted in the City of Statesboro for the purpose of electing successors to the councilmembers. Three individual councilmembers shall be severally elected to represent Districts 1, 2, and 3. Two councilmembers shall be elected to represent District 4, which positions shall be denominated as Post 4A and Post 4B. A candidate for a District 4 position shall designate the particular post to which such candidate is seeking election at the time of qualifying. Each councilmember shall take the oath of office prescribed by this charter and assume his duties on the first Tuesday in December after his election. Section 8-7. Eligibility requirements of mayor, councilmembers. No person shall be eligible for the office of mayor of the city who has not been a resident thereof for one year or more continuously preceding the election, and who is not a qualified
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elector to vote in the city elections of the city. Nor shall any person be eligible for the office of councilmember of the city who is not eligible for the office of mayor, and who has not resided in the district which such person seeks to represent for at least six months immediately preceding the date of election. Section 8-8. Entrance fees for candidates for office of mayor, councilmember, qualification date. All candidates for council posts shall qualify for the office they seek not more than 52 days nor less than 22 days prior to the election. All candidates for the office of councilman shall pay an entrance fee of $15.00, the fees to be paid to the city clerk at the time of qualification of candidates. Section 8-9. Candidate for city council; election districts. For the purpose of electing members of the council of the City of Statesboro, the city shall be divided into election districts, as described below: District 1 Beginning at a point on the Western edge of North Main Street (Lakeview Road) at its intersection with the city limit boundaries of the City of Statesboro and running thence West and South along the existing city limits boundary to its intersection with Stockyard Road; running thence along the Eastern edge of Stockyard Road to its intersection with Williams Road; running thence along the Southern edge of Williams Road to its intersection with U.S. Highway 80 (Ga. Highway 26); running thence along the Northern edge of said highway right of way to its intersection with College Street; running thence South along the Eastern edge of College Street to its intersection with West Main Street; running thence East along the Northern edge of West Main and East Main Streets to the intersection with Main Street (Highway 301) and continuing thence along the Northern side of East Main Street, to its intersection with Savannah Avenue; running thence along the Northern side of Savannah Avenue to its intersection with Lee Street; running thence North on the Western edge of Lee Street to its intersection with East Main Street; running thence East along the Northern edge of East Main Street to its intersection with the limits of the City of Statesboro; running thence Northerly along
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the city limits boundary to its intersection with Ladd Circle; running thence along the center line of Ladd Circle to its intersection with North Main Street (Lakeview Road); and running thence along the center line of Lakeview Road to its intersection with the Northern boundary of the limits of the City of Statesboro and the point of beginning. District 2 Beginning at the intersection of Williams Road and the Western city limits boundary of the City of Statesboro and running thence South, following the boundary line of the city limits, to said boundary line's intersection with West Jones Avenue; thence along the Western edge of West Jones Avenue and continuing along the Southern edge of West Jones Avenue to its intersection with Institute Street; running thence North along the Western boundary of Institute Street to its intersection with West Inman Street; thence East along the Northern side of West Inman Street to its intersection with College Street; running thence North along the Western edge of College Street to its intersection with U.S. Highway 80 (Ga. Highway 26); running thence West and North along the Southern and Western edge of U.S. Highway 80 (Ga. Highway 26) to its intersection with Williams Road; running thence West along the Southern edge of Williams Road to its intersection with the Western boundary line of the limits of the City of Statesboro and the point of beginning. District 3 Beginning at the Southeastern corner of the intersection of West Main Street and College Street and running thence South along the Southern edge of College Street to its intersection with Inman Street; running thence West along the Southern edge of West Inman Street to its intersection with Institute Street; running thence South along the Eastern edge of Institute to its intersection with West Jones Avenue; running thence West along the Southern edge of West Jones Avenue to its intersection with the city limits of the City of Statesboro; running thence along said city limits boundary line to its intersection with U.S. Highway 301 (South Main Street); running thence Northerly along the Western edge
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of U.S. Highway 301 (Main Street) to its intersection with Tillman Road; running thence along the Northerly edge of Tillman Road to its intersection with Georgia Highway 67 (Fair Road); running thence South along the Eastern edge of Georgia Highway 67 (Fair Road) to its intersection with Herty Drive; running thence East along the Northern edge of Herty Drive to its intersection with Gentilly Road; running thence North along the Western edge of Gentilly Road to its intersection with Brannen Street; running thence West along the Southern edge of Brannen Street to its intersection with Granade Street; running thence North along the Western edge of Granade Street to its intersection with Inman Street; running thence West along the Southern edge of Inman Street to its intersection with Donehoo Street; running thence North along the Western edge of Donehoo Stree to its intersection with Savannah Avenue; running thence along the Southern edge of Savannah Avenue Westerly to its intersection with East Main Street; running thence Westerly along the Southern edge of East Main Street to the center of town and continuing thence on West Main Street along its Southern edge to its intersection with College Street and the point of beginning. District 4 Beginning at the intersection of the Eastern limits of the City of Statesboro and its intersection with East Main Street and running thence South, following the boundary line of the city limits and Little Lotts Creek, being the city limits line, to its intersection with Ga. Highway 67; continuing thence along said limits boundary line of the City of Statesboro to its intersection with U.S. Highway 301 (S. Main Street); running thence Northerly along the Southwestern edge of U.S. Highway 301 to its intersection with Tillman Road; running thence along the Southwestern edge of Tillman Road to its intersection with Ga. Highway 67; running thence South along the Western edge of Ga. Highway 67 to its intersection with Herty Drive; running thence along the Southern edge of Herty Drive to its intersection with Gentilly Road; running thence along the Eastern side of Gentilly Road Northerly to its intersection with Brannen Street; running thence along the Northern edge of Brannen Street to its intersection with Granade Street; running thence North
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along the Eastern edge of Granade Street to its intersection with Inman Street; running thence along the Northern edge of Inman Street to its intersection with Donehoo Street; thence North along the Eastern edge of Donehoo Street to its intersection with Savannah Avenue; thence East along the Southern edge of Savannah Avenue to its intersection with Lee Street; thence Northerly along the Eastern edge of Lee Street to its intersection with East Main Street; thence Easterly along the Southern edge of East Main Street to its intersection with the city limits boundary of the City of Statesboro. Section 8-10. Qualifications of electors. All persons who are bona fide residents of the city, who are 18 years of age, who are citizens of the state and the United States, who shall have registered as an elector in the manner prescribed by law, and possess all other qualifications prescribed by law, shall be qualified electors. Section 8-11. Election managers; functions, oath of office, selection, compensation. All elections shall be conducted in each election district by a board consisting of a chief manager, who shall be chairman of such board, and two assistant managers, assisted by clerks as provided in Code Section 21-3-33 of the O.C.G.A. The managers of each election district shall be appointed by the governing authority. Before entering on their duties, managers of the elections shall subscribe to the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we will make a just and true return thereof and will not knowingly permit anyone to vote in this election unless we believe that such person is entitled to vote according to the law of the City of Statesboro; nor will we knowingly prohibit anyone from voting who is by law entitled to vote; so help us God; the oath to be signed by each manager in the capacity in which such person acts. The oath may be administered by any person in the County of Bulloch authorized by law to administer oaths. The managers of such elections shall receive such compensation as may be fixed by the city council of the city.
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Section 8-12. Conduct of election; hours for polls to remain open, certification of results. The polls at the elections held in and for the city shall be open from 7:00 A.M. to 7:00 P.M. when they shall be closed, and the managers of the election shall proceed to count the ballots and consolidate the returns of the election and certify the same. The managers shall prepare in ink three copies of a return showing the official count. One copy of such returns shall be immediately posted outside of the polling place or place of tabulation. A second copy of the district returns, together with the writein ballots, one or more of the paper proof sheets if the type of voting machine used is equipped with a mechanism for printing them, the oaths and certificates of poll officers, and the numbered list of voters shall be sealed in a separate envelope addressed to the city clerk and bearing a list of its contents on the outside. The envelope, together with an unsealed third copy of such returns and other election supplies, shall be immediately delivered by the managers into the custody of the superintendent of elections. Immediately upon completing the returns required by this article, the superintendent shall deliver in sealed containers to the city clerk the used, unused, and void ballots and the stubs of all ballots used; the oaths of poll officers; and one copy of each numbered list of voters, tally papers, voting machine paper proof sheets, and returns involved in the primary or election. Such ballots and other documents shall be preserved under seal in the office of the city clerk for at least 24 months; and then they may be destroyed unless otherwise provided by order of the mayor and council if a contest has been filed or by court order, provided that the electors list, voter's certificates, and duplicate oaths of assisted electors shall be immediately returned by the superintendent to the county or municipal registrar as appropriate. Section 8-13. Illegal voting. Any person who votes or attempts to vote at any primary or election, knowing that he does not possess all the qualifications of an elector at such primary or election as required by law, or who votes or attempts to vote at any primary in violation of Code Section 21-3-136 of the O.C.G.A. shall be guilty of a misdemeanor.
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Section 8-14. Procedure to contest the results of election for mayor and councilmembers. A petition to contest the results of a primary or election shall be filed in writing with the city clerk within five days after the results of the election are declared by the governing authority. Upon the filing of the contest petition, a hearing shall be set before the governing authority of the municipality. Reasonable notice of the hearing shall be either personally delivered or forwarded by mail to all parties involved. The notice shall include a statement of the time, place, and nature of the hearing; a statement of the legal authority and jurisdiction under which the hearing is to be held; and a short and plain statement of the grounds for contest. Opportunity shall be afforded all parties to be represented by legal counsel and to respond and present evidence on all issues involved. The hearing shall be presided over by the mayor or such other individuals as the governing authority may appoint. Any member of the governing authority involved in the contest shall disqualify himself from judging the contest. The governing authority shall render its decision in writing within a reasonable time after such hearing and a copy of the decision shall be provided to all parties involved. The decision of the governing authority shall be considered a final determination of the contest unless appealed. If all members of the governing authority must disqualify themselves from judging the contest, the contestant may, within ten days of official notice of their disqualification, file an action in superior court. The decision of the governing authority may be appealed to the superior court in the manner of appeal from a probate court, except that appeals shall be made within ten days after determination of the contest by the governing authority. The appeal of the decision of the governing authority shall be tried and determined in the county in which the city hall is located. Section 8-15. Effect of filing notice of contest of election. In the event notice of a contest is filed as provided in the previous section, the mayor and councilmembers of the city then in office shall continue to perform their duties as such officers until the contest is settled and determined and until their successors are legally elected and qualified. Section 8-16. Absentee voting. The City of Statesboro shall adopt and provide for absentee voting as prescribed in Chapter
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3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code. Section 8-17. Write-in candidate. No person elected on write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given 20 or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, to the mayor or similar officer thereof, and by publication in the official organ of the municipality holding the election. Article IX. Taxes and Licenses Section 9-1. Ad valorem tax. For the purpose of raising revenues to defray the ordinary current expenses incident to the support and maintenance of the city government, the said city council shall have the full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of said city. Section 9-2. Business or occupation taxes; imposition, enforcement of provisions. The city council shall have power, subject to any limitations in general state law, to provide for the levying and collection of a business or occupation tax upon any trade, business, profession, or occupation except such as are exempt by law, carried on inside the city limits and upon inhabitants of the city who engage in any profession, trade, business, or occupation in the city, and on such persons as live outside the limits of the city but who engage in or attempt or offer to engage in any profession, business, trade, or occupation not exempt by law, inside the limits of the city, as the city council may deem expedient for the safety, benefit, convenience, and advantage of the city. This tax shall be in the nature of a license, which must be paid in advance of practicing or engaging in such profession, trade, business, or occupation, and the city council shall provide by ordinance for the punishment of all persons required by ordinance to pay such occupation tax, or take out license for same, who engage in such business, trade, profession, or occupation before paying such tax or taking out such license and complying fully with all the requirements of the city council made in reference thereto. Section 9-3. Licensing and regulation of businesses, trades, occupations, callings, and professions. The city council
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shall have full power and authority to license, regulate, and control by ordinance all businesses, trades, occupations, callings, and professions subject to any limitations contained in Chapter 13 of Title 48 of the O.C.G.A. Section 9-4. Effective date of licenses; prorating. All license, business, occupation, or similar taxes or fees imposed by the city shall be due and payable annually on January 1. In the event that any person commences business on any date after January 1 in any year, the full annual tax or fee, except as herein provided, shall be due and payable on the date of the commencement of the business. When any person commences business on or after July 1 in any year, the business, license, or occupation tax or fee shall be 50 percent of the tax imposed for the entire year. Article X. Plumbing and Drainage Section 10-1. Authority for establishment, maintenance, extension of sewerage and drainage system. The mayor and council of the city shall have authority to provide for the establishment and maintenance and extension from time to time of a system of sewerage and drainage for the city and shall have power and authority to contract with any person or persons for the purchase of lands or premises to be used in connection therewith, whether inside or outside the city, and shall have the authority and power to condemn private property, either inside or outside the city, in the manner provided for by law, for such purposes. The mayor and council shall have authority to purchase all machinery and plant, to make all contracts with the inhabitants of the city and with others for the furnishing of sewerage and drainage, and to do any and all things necessary for the establishment, operation, maintenance, and extension of the system of sewerage and drainage. Section 10-2. Same - Bond election authorized. The mayor and council of the city shall have the authority and they are empowered to incur debt, including issuing general obligation or revenue bonds, for the purpose of establishing, improving, and extending a system of sewerage and drainage for the city, and for the purpose of carrying out the provisions of Section 10-1 of this charter, in a manner consistent with the Constitution of the State of Georgia and the general laws of the State of Georgia.
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Section 10-3. Power, authority over pipes, sewers, private drains. The mayor and city council shall have full power and authority over and absolute control of all pipes, sewers, private drains for filthy waters or other substances or fluids in the city; and full power and authority to limit or prescribe their location and structure, use, and preservation and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of the city. They shall have full power and authority to limit or prescribe the kind of sewage disposal facilities or systems and other receptacles or drains for filthy water or other fluids or substances to be used within the corporate limits of the city. They shall have power and authority to condemn and destroy any individual sewage disposal facilities or systems or other receptacle or drain now in use or hereafter to be erected and put in use which do not conform to and are not of the kind prescribed for use by the mayor and council of the city and which may be detrimental to the public health. They shall also have full power and authority to compel all property owners to connect individual sewage disposal facilities or systems or other receptacles or drains on the premises of such property owners with the sanitary sewer of the city, under such rules and regulations as may be prescribed by them; and if such property owner shall fail to connect any individual sewage disposal facilities or system or other receptacles or drain within the time and in the manner prescribed, which time shall not be less than 30 days, the city authorities may cause such connection to be made and provide all necessary fixtures therefor and assess the cost of the same against the real estate of the property owner on which the same is done. The city clerk shall issue execution against the property owner and against the real estate so improved, which is declared to be a first lien on the real estate, superior to all other liens except liens for taxes; and the chief of police or marshal shall levy the same on the real estate, and advertise and sell the same in the manner as sheriff's sales under judgment and execution. The city may become the purchaser thereof if it chooses to offer the highest bid therefor at the sale. The officer making the sale is authorized to execute to the purchaser a deed to the property so sold, which shall pass the title thereto as fully and completely as sheriff's deeds under sales made by judgment and execution, and he shall proceed at once to dispossess the owner and put the purchaser in
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possession. The city authorities shall also have the right, power, and authority to arrest and prosecute the owner of such property and if on trial before the mayor's (recorder's) court, he is found guilty, to punish the owner for maintaining a nuisance. The city authorities or any agent of the city shall have the right, power, and authority to enter and go upon or into any private house or other building for the purpose of inspecting the individual sewage disposal facilities or systems and other drains and pipes, to remove the same whenever condemned, and to insert the connections and fixtures necessary to connect the same with the sanitary sewers of the city, without being deemed a trespasser, or becoming responsible in any way to the owner or any tenant in possession of the same. Article XI. Streets, Sidewalks, Public Places, and Railroads Section 11-1. General authority over streets, lanes, alleys, sidewalks, and public places. The mayor and city council shall have full and complete power and authority over all the streets, lanes, alleys, sidewalks, crossings, parks, and public lands of the city. They shall have full and complete power and authority to manage, control, direct, work, grade, drain, and pave the same, or cause the same to be done. They shall have full and complete power and authority to remove or cause to be removed any building, stall, booth, tent, steps, gate, fence, post, wire, pole, or other obstruction or nuisance thereon; and if the owner of the same shall fail or refuse to remove the same within such reasonable time as may be fixed by the mayor and city council, after notice thereto served upon such owner, his agent or tenant in charge, then the city authorities may remove the same at the owner's expense, and execution shall issue against the owner for the expenses thereof, and he shall be also subject to punishment for maintaining a nuisance. They shall have full and complete power and authority to regulate, lay out, open, grade, drain, and control new streets, lanes, alleys, crossings, and sidewalks whenever, in their discretion, it may be necessary or proper to do so. They shall have full and complete power and authority to condemn property and exercise the right of eminent domain for the purpose of laying out and opening new streets, lanes, alleys, and sidewalks and for extending, widening, straightening, grading, draining, or in any manner whatever changing the grade, street lines, and sidewalks of the city. And whenever the mayor and city council shall desire to exercise the power
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and authority granted in this section, they may do so whenever the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian, agent, or other fiduciary in the manner provided by Article IV, Section II, Paragraph V of the Constitution of the State of Georgia and Title 22 of the O.C.G.A. Section 11-2. Authority to vacate, close, or abandon streets or alleys, to sell or alienate same. The mayor and city council of Statesboro are given the authority to vacate, close, or abandon certain streets or alleys or both when in the opinion of the mayor and city council of the City of Statesboro the vacating, closing, or abandonment of the streets or alleys will not inconvenience the general public. The mayor and city council are hereby given the right to sell or alienate streets or alleys or both and to give a title thereto as in other cases of sale of municipal property. Section 11-3. Bonds for street improvements. The mayor and city council shall have power and authority to issue bonds for the purpose of street improvements including, but not limited to, paving in accordance with the Constitution and general laws of the State of Georgia. Section 11-4. Railroad, street railway tracks running along street at time of improvement; improvement of right of way. Any railroad or street railway having tracks running along a street at the time of the proposed improvements as provided herein shall be required by the mayor and council to pave the width of its track and two feet on each side with the same materials and in the same manner as the rest of the street, and such work shall be done under the supervision and subject to the approval of the city's engineer; and if such railroad or city railway shall not, within a period of 30 days after the service of written notice to do such work, agree in writing to comply with such order, or if the work is not completed to the satisfaction of the city engineer within such time as may be determined by the mayor and council, the mayor and council may proceed to have the work done and charge the cost and expense thereof to the railroad or street railway company, to be paid by it in cash, and the same until paid shall constitute a lien against all the property of the railroad or street railway company located in the city, which lien shall have the same rank and priority and be subject to the same method of enforcement as other liens. The mayor and council may in their discretion require
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the paving to be of a different material and manner of construction. Section 11-5. Effect of railroad right of way traversing city streets. When the right of way of any railroad company crosses any street within the limits of the city, such railroad company shall be deemed, for all the purposes of this charter, as the owner of the property on both sides of the street, to the extent of the full width of the right of way, irrespective of the use to which the same may be put or what portion thereof may be actually occupied by its tracks, and the railroad company shall enjoy all the rights and powers and be subject to all the penalties provided herein for individual property owners. Article XII. Effective Date Section 12-1. Effective date. This Act shall become effective May 1, 1987. Article XIII. Repealers Section 13-1. (a) Specific repealer. An Act creating a new charter for the City of Statesboro, approved August 17, 1912 (Ga. L. 1912, p. 1331), as amended, is repealed in its entirety. (b) General 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 1987 session of the General Assembly of Georgia a bill to amend the charter of the City of Statesboro (Ga. L. 1912, p. 1331), as amended; and for other purposes. A copy of the proposed amendment to the charter is on file in the office of the City Clerk for inspection during regular business hours. This 23rd day of January, 1987. Honorable Bob Lane Representative, 111th District Honorable Joseph Kennedy Senator, 4th District
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert E. 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 12, 1987. /s/ Robert E. Lane Representative, 111th District Sworn to and subscribed before me, this 17th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 26, 1987. COBB COUNTY DEPUTY CLERK OF THE SUPERIOR COURT; COMPENSATION. No. 324 (House Bill No. 881). 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 25, 1986 (Ga. L. 1986, p. 4581), so as to change the provisions relating to the compensation
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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 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 25, 1986 (Ga. L. 1986, p. 4581), is amended by striking from subsection (b) of Section 4 the following: $37,249.00, and inserting in lieu thereof the following: 40,229.00, so that when so amended subsection (b) of Section 4 shall read as follows: (b) The clerk of the superior court shall be allowed a deputy clerk whose annual salary shall be $40,229.00, 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 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
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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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 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. 428) 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 5th day of January, 1987 Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam P. Hensley, 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 9, 1987. /s/ Sam P. Hensley Representative, 20th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 26, 1987. EFFINGHAM COUNTY BOARD OF EDUCATION; MEMBERSHIP; ELECTIONS; TERMS; COMPENSATION; DISTRICTS; REFERENDUM. No. 325 (House Bill No. 888). AN ACT To reconstitute the board of education of the Effingham County School District; to provide for the qualifications, election, terms of office, and compensation and service of members of the board; to provide for vacancies; to provide for the selection and service of a chairman of the board; to provide for education
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districts from and by which members of the board shall be elected; to provide for legislative intent; to repeal a specific Act; to provide for a referendum election as to the effectiveness of certain provisions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1-1. The board of education of the Effingham County School District shall be composed of five members. One member shall be elected from and by the voters of each of the five education districts described in Section 2-1 of this Act. The member to represent each education district shall be elected only by the voters of that education district and not by the voters of the Effingham County School District at large. Section 1-2. In order to be eligible for election to the board of education of Effingham County a candidate must at the time of his or her election: (1) Be a United States citizen; (2) Have been a resident of the State of Georgia for at least two years; (3) Be at least 21 years of age; and (4) Have been a resident of Effingham County for at least two years and have been a resident of the education district he or she seeks to represent for at least one year. Section 1-3. (a) The members of the board of education of Effingham County in office on the effective date of this section shall serve out the terms for which they were elected. Successor members and future successors to represent Education Districts No. 2, 3, and 5 shall be elected at the November, 1988, general election and quadrennially thereafter. Successor members and future successors to represent Education Districts No. 1 and 4 shall be elected at the November, 1990, general election and quadrennially thereafter.
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(b) All members of the board elected under this Act 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. (c) All members of the board of education shall be elected in partisan elections and by majority vote in the same manner as county officers are elected. Section 1-4. Any vacancy on the board of education shall be filled as provided in Code Section 20-2-54.1 of the O.C.G.A. or in any future general law specifying the method of filling vacancies on county boards of education. Section 1-5. In addition to any other events creating a vacancy on the board of education, the office of a member of the board shall be immediately vacated if the member moves his or her residence from the education district he or she represents. Section 1-6. At its first meeting each year, the members of the board of education shall elect, by a majority vote, one of their members to serve as chairman for that year and until the election of a chairman in the subsequent year. A member shall be eligible to succeed himself or herself as a member of the board and also as chairman of the board. Section 1-7. An Act relating to the Board of Education of Effingham County, approved March 18, 1980 (Ga. L. 1980, p. 3542), is repealed in its entirety. Part 2 For purposes of electing members of the board of education of the Effingham County School District, the school district is divided into five education districts described by boundaries as follows: EDUCATION DISTRICT NO. 1 Beginning at a point on the Great Ogeechee River where U. S. Highway 80 crosses said river. Thence in a south easterly direction along U. S. Highway 80 to the Little Ogeechee
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River. Thence in a North easterly direction along the Little Ogeechee River to County Road 156 (Blandford Road). Thence in a easterly direction along County Road 156 (Blandford Road) to County Road 157 (Midland Road). Thence in a south easterly direction along County Road 157 (Midland Road) to Georgia Highway 30. Thence in a south easterly direction along Georgia Highway 30 to the Chatham-Effingham County line. Thence in a south westerly direction along the Chatham-Effingham County to the Great Ogeechee River. Thence in a northerly direction along the Great Ogeechee River to U. S. Highway 80 which is the point of beginning. EDUCATION DISTRICT NO. 2 Beginning at a point where the Effingham - Chatham County line crosses Georgia Highway No. 30. Thence in a north westerly direction along Georgia Highway No. 30 to County Road No. 157 (Midland Road). Thence in a northerly direction along County Road No. 157 (Midland Road) to County Road No. 156 (Blandford Road). Thence in a westerly direction along County Road No. 156 (Blandford Road) to the run of the Little Ogeechee River. Thence in a southerly direction along the Little Ogeechee River to U. S. Highway 80. Thence in a north westerly direction along U. S. Highway 80 to the Great Ogeechee River. Thence in a northerly direction along the Great Ogeechee River to a branch that flows from a pond on the land of A. S. Graham empties into said river. Thence in a north easterly direction along said branch to County Road No. 12. Thence in a southerly direction along County Road No. 12 to County Road No. 19. Thence in a north easterly direction along County Road No. 19 to County Road No. 17. Thence in an easterly direction along County Road No. 17 to Georgia Highway No. 17. Thence in a southerly direction along Georgia Highway No. 17 to the northern limits of the Town of Guyton. Thence in a westerly direction along the northern limits of the Town of Guyton to the northwest corner of the Town Limits. Thence in a southerly direction along the western limits of the Town of Guyton to Lanier Street. Thence in an easterly direction along Lanier Street to Central Avenue (Georgia Highway No. 17). Thence in a southerly direction along Central Avenue (Georgia Highway No. 17) to Anderson Street. Thence in an easterly direction along Anderson to Magnolia Street. Thence in a southerly
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direction along Magnolia to Seventh Avenue Extension (County Road No. 200). Thence in an easterly direction along Seventh Avenue Extension (County Road No. 200) to Fourth Avenue Extension (County Road No. 196). Thence in a westerly direction along Fourth Avenue Extension (County Road No. 196) to Poplar Street. Thence in a southerly direction along Poplar Street to Georgia Highway No. 119. Thence in a easterly direction along Georgia Highway No. 119 to County Road No. 188. Thence in a south easterly direction along County Road No. 188 to County Road No. 176 (McCall Road). Thence in a southerly direction along County Road No. 176 (McCall Road) to the south fork of Birds Branch. Thence in a north easterly direction along the south fork of Birds Branch to the Central of Georgia Railroad. Thence in a southerly direction along the Central of Georgia Railroad to Sweigoffer Creek. Thence in an easterly direction along Sweigoffer Creek to County Road No. 143 (Little McCall Road). Thence in a south easterly direction along County Road No. 143 to the Seaboard Coast Line Railroad. Thence in a south westerly direction along the Seaboard Coast Line Railroad to the Effingham-Chatham County line. Thence in a south westerly direction along the Effingham-Chatham County line to Georgia Highway No. 30. This being the point of beginning. EDUCATION DISTRICT NO. 3 Beginning at a point on the Great Ogeechee River where the Effingham-Screven County line intersect. Thence in an easterly direction along the Effingham-Screven County line to the Savannah River. Thence in a southerly direction along the Savannah River to a point where a branch flowing from Thompson Pond empties into said Savannah River. Thence in a westerly direction along said branch to County Road No. 106. Thence in a southerly direction along County Road No. 106 to County Road No. 117. Thence in a westerly direction along County Road No. 117 to County Road No. 115. Thence in a westerly direction along County Road No. 115 to County Road No. 114. Thence in a northerly direction along County Road No. 114 to Georgia Highway No. 119. Thence in a north easterly direction along Georgia Highway No. 119 to County Road No. 307. Thence in a northerly direction along County Road No. 307 to County Road No. 88.
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Thence in a north westerly direction along County Road No. 88 to County Road No. 86. Thence in a south westerly direction to County Road No. 64. Thence in a westerly direction to Ebenezer Creek (Runs Branch). Thence in a northerly direction along Ebenezer Creek (Runs Branch) to County Road No. 69. Thence in a westerly direction along County Road No. 69 to County Road No. 38. Thence in a westerly direction along County Road No. 38 to County Road No. 35. Thence in a south westerly direction along County Road No. 35 to County Road No. 33. Thence in a south easterly direction along County Road No. 33 to County Road No. 58. Thence in a southerly direction along County Road No. 58 to County Road No. 63. Thence in a westerly direction along County Road No. 63 to Georgia Highway No. 21. Thence in a southerly direction along Georgia Highway No. 21 to a branch which flows into Turkey Branch. Thence in a southwesterly direction along said branch to County Road No. 52. Thence in a southerly direction along County Road No. 52 to County Road No. 53. Thence in a south westerly direction along County Road No. 53 to County Road No. 313 (Springfield-Tusculum Road). Thence in a south easterly direction along County Road No. 313. (Springfield-Tusculum Road) to Georgia Highway No. 21. Thence in a south easterly direction along Georgia Highway No. 21 to Jack's Branch. Thence in a westerly direction along Jack's Branch to the south fork of Jack's Branch. Thence in a westerly direction along the south fork of Jack's Branch to County Road No. 198. Thence in a westerly direction to County Road No. 197. Thence in a southerly direction along County Road No. 197 to County Road No. 196 (Fourth Avenue Extension). Thence in a south westerly direction along County Road No. 196 (Fourth Avenue Extension) to County Road No. 200 (Seventh Avenue Extension). Thence in a north westerly direction along County Road No. 200 (Seventh Avenue Extension) to Magnolia Street. Thence in a northerly direction along Magnolia Street to Anderson Avenue. Thence in a westerly direction along Anderson Avenue to Georgia Highway No. 17. Thence in a northerly direction along Georgia Highway No. 17 to Lanier Street. Thence in a westerly direction to the western limits of the Town of Guyton. Thence in a northerly direction along the western limits of the Town of Guyton to the northwest corner of the limits of the Town of Guyton. Thence in an easterly direction along the northern limits
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of the town of Guyton to Georgia Highway No. 17. Thence in a northerly direction along Georgia Highway No. 17 to County Road No. 17. Thence in a westerly direction along County Road No. 17 to County Road No. 19. Thence in a westerly direction along County Road No. 19 to County Road No. 12. Thence in a northerly direction along County Road No. 12 to a branch that flows from a pond on the land of A. S. Graham. Thence in a south westerly direction along said branch to the Great Ogeechee River. Thence in a northerly direction along said river to the Effingham-Screven County line, which is the point of beginning. EDUCATION DISTRICT NO. 4 Beginning at a point on the Savannah River where Georgia Highway No. 275 ends (Ebenezer Landing). Thence in a westerly direction along Georgia Highway No. 275 to Georgia Highway No. 21. Thence in a northerly direction along Highway No. 21 to Little Ebenezer Creek. Thence in a south westerly direction along Little Ebenezer Creek to the Central of Georgia Railroad. Thence in a south westerly direction along the Central of Georgia Railroad to the south fork of Birds Branch. Thence in a south westerly direction along the south fork of Birds Branch to County Road No. 176 (McCall Road). Thence in a northerly direction along County Road No. 176 (McCall Road) to County Road No. 188. Thence in a north westerly direction along County Road No. 188 to Georgia Highway No. 119. Thence in a westerly direction along Georgia Highway No. 119 to Poplar Street. Thence in a northerly direction along Poplar Street to County Road No. 196 (Fourth Avenue Extension). Thence in a north easterly direction along County Road No. 196 (Fourth Avenue Extension) to County Road No. 197. Thence in a northerly direction along County Road No. 197 to County Road No. 198. Thence in an easterly direction along County Road No. 198 to the south forks of Jack's Branch. Thence in an easterly direction along Jack's Branch to Georgia Highway No. 21. Thence in a north westerly direction along Georgia Highway No. 21 to County Road No. 313 (Springfield-Tusculum Road). Thence in a north westerly direction along County Road No. 313 (Springfield-Tusculum Road) to County Road No. 53. Thence in a north easterly direction along County Road No. 53 to County Road No. 52. Thence in a north westerly direction
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along County Road No. 52 to a branch flowing in a north easterly direction into Turkey Branch. Thence in a north easterly direction along said branch to Georgia Highway No. 21. Thence in a northerly direction along Georgia Highway No. 21 to County Road No. 63. Thence in an easterly direction along County Road No. 63 to County Road No. 58. Thence in a northerly direction along County Road No. 58 to County Road No. 33. Thence in a north westerly direction along County Road No. 33 to County Road No. 35. Thence in a north easterly direction along County Road No. 35 to County Road No. 38. Thence in a south easterly direction to County Road No. 69. Thence in a south easterly direction along County Road No. 69 to Ebenezer Creek. (The Runs Branch). Thence in a southerly direction along Ebenezer Creek (The Runs Branch) to County Road No. 64. Thence in an easterly direction to County Road No. 86. Thence in a northerly direction along County Road No. 86 to County Road No. 88 thence in a south easterly direction along County Road No. 88 to County Road No. 307 (Clyo-Kildare Road). Thence in a southerly direction along County Road No. 307 (Clyo-Kildare Road) to Georgia Highway No. 119. Thence in a south westerly direction along Georgia Highway No. 119 to County Road No. 114 (Mock Road). Thence in a southerly direction along County Road No. 114 (Mock Road) to County Road No. 115. Thence in a easterly direction along County Road No. 115 to County Road No. 117. Thence in a easterly direction along County Road No. 117 to County Road No. 106. Thence in a northerly direction along County Road No. 106 to a branch flowing from Thompson's Pond to the Savannah River. Thence in a easterly direction along said branch to the Savannah River. Thence in a southerly direction along the Savannah River to Georgia Highway No. 275 (Ebenezer Landing) which is the point of beginning. EDUCATION DISTRICT NO. 5 Beginning at a point on the Savannah River where Georgia Highway 275 ends (Ebenezer Landing). Thence in a southerly direction along the Savannah River to the Effingham-Chatham County line. Thence in a north westerly and westerly direction along the Effingham-Chatham County line to the Seaboard Coastline Railroad which runs through the Town of Rincon. Thence in a north easterly direction along
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the Seaboard Coastline Railroad to County Road No. 143 (Little McCall Road). Thence north westerly along County Road No. 143 (Little McCall Road) to Sweigoffer Creek. Thence in a westerly direction along said creek to the Central of Georgia Railroad. Thence in a north easterly direction along the Central of Georgia Railroad to Little Ebenezer Creek. Thence in a north easterly direction along Little Ebenezer Creek to Georgia Highway 21. Thence in a southerly direction along Georgia Highway 21 to Georgia Highway 275. Thence in a easterly direction along Georgia Highway 275 to the Savannah River (Ebenezer Landing) which is the point of beginning. Part 3 Section 3-1. Each member of the board of education of Effingham County shall be compensated in the amount of $100.00 per day for attending meetings of the board and meetings of committees of the board and for attending other meetings or engaging in travel on official business of the board. Each member may also be compensated for actual expenses reasonably incurred in the performance of his or her duties. All of such compensation and expense reimbursement shall be paid from funds of the Effingham County School System and shall be subject to such approval requirements, documentation requirements, and other regulations as may be prescribed by the board. Part 4 Section 4-1. The provisions of this Act are intended to secure an orderly and lawful transfer to a unified statutory governance of the matters provided for in this Act from the combined governance of such matters by prior laws of this state and by the order entered by the United States District Court for the Southern District of Georgia in the matter of Local Organization For Voters Equality v. Conway , Civil Action No. CV484-39, on April 16, 1984; and this Act shall be administered and interpreted in conformity with such intent. Section 4-2. The effectiveness of the provisions of Part 1 of this Act shall be contingent upon referendum approval as provided for in Section 4-3 of this Act. Parts 2 and 3 of this Act shall not be contingent and shall become effective July 1, 1987.
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Section 4-3. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Effingham County shall call and conduct an election for the purpose of submitting Part 1 of this Act to the electors of the Effingham 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 Effingham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the legislation be approved which reconstitutes the Effingham County board of education and provides for the qualifications, election, and terms of office of members of the board? 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 on such question are for approval, Part 1 of this Act shall become of full force and effect immediaterly; otherwise Part 1 of this 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. The expense of such election shall be borne by the Effingham County School System. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4-4. 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 1987 session of the General Assembly of Georgia a bill to reconstitute the board of education of the Effingham County School District; to provide for the qualifications, election, terms of office, and compensation and service of members of the board; to provide for vacancies; to provide for the selection and service of a chairman
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of the board; to provide for education districts from and by which members of the board shall be elected; to provide for legislative intent; to repeal a specific Act; to provide for a referendum election as to the effectiveness of certain provisions; to provide for related matters; to repeal conflicting laws; and for other purposes. This 5th day of February, 1987. Effingham County Board of Education J. Michael Moore, Superintendent of Schools 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 11, 1987. /s/ George A. Chance, Jr. Representative, 129th District Sworn to and subscribed before me, this 17th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 26, 1987.
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CHATHAM COUNTY SCHOOL SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 326 (House Bill No. 889). 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 independent school system of Chatham County and the City of Savannah shall be deemed to be a county school system within the meaning of this Constitution and the general laws of this state, but any heretofore existing local law relative to such school system which is now in effect shall continue in effect until changed, superseded, or repealed by an Act of the General Assembly (Res. Act No. 112; H.R. 549-1580; Ga. L. 1978, p. 2351); 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 independent school system of Chatham County and the City of Savannah shall be deemed to be a county school system within the meaning of this Constitution and the general laws of this state, but any heretofore existing local law relative to such school system which is now in effect shall continue in effect until changed, superseded, or repealed by an Act of the General Assembly (Res. Act No. 112; H.R. 549-1580; Ga. L. 1978, p. 2351) 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.
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STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, Gene Stewart, to me known, who being sworn, deposes and says: That he is the Assistant Gen. Manager 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 Feb 6, 1987, 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 1987 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 independent school system of Chatham County and the City of Savannah shall be deemed to be a county school system within the meaning of this Constitution and the general laws of this state, but any heretofore existing local law relative to such school system which is now in effect shall continue in effect until changed, superseded, or repealed by an Act of the General Assembly (Res. Act No. 112; H.R. 549-1580; Ga. L. 1978, p. 2531); and for other purposes. This 3rd day of February, 1987. Edward H. Lee School Board Attorney appeared in each of said editions.
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/s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 9 day of Feb., 1987. /s/ Diane M. Strickland Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 (SEAL) Approved March 26, 1987. CITY OF VALDOSTA CORPORATE LIMITS. No. 327 (House Bill No. 892). AN ACT To amend an Act providing a new charter for the City of Valdosta, approved March 26, 1976 (Ga. L. 1976, p. 3185), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4224), so as to redefine the corporate limits of the City of Valdosta; 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 26, 1976 (Ga. L. 1976, p. 3185), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4224), is amended by striking Section 1.3 and inserting in lieu thereof a new Section 1.3 to read as follows:
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Section 1.3. The corporate limits of the City of Valdosta in the County of Lowndes are altered, relocated, and redefined, so that from and after the passage of this Act the corporate limits shall be defined, located, and described as follows: 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 second west a distance of 581.31 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,
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south 37 degrees 14 minutes 06 seconds 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 feet to a point; thence, south 17 degrees 41 minutes 30 seconds west a distance of 604.80 feet to a point; thence,
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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 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
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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 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 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 3407.90 feet to a point, said point being on the mitered south right of way of Lake Laurie Drive; thence, north 43 degrees 21 minutes east along said mitered south right of way a distance of 70.71 feet to a point;
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thence, continuing along the south right of way of Lake Laurie Drive, north 88 degrees 21 minutes east a distance of 50 feet to a point; thence, along the curving south right of way which has a chord bearing of south 78 degrees 39 minutes east a chord distance of 306.47 feet to a point; thence, south 65 degrees 39 minutes east along said right of way a distance of 251.04 feet to a point; thence, along the curving right of way which has a chord bearing of south 78 degrees 39 minutes east a chord distance of 337.97 feet to a point; thence, along said south right of way north 88 degrees 21 minutes east a distance of 1098.08 feet to a point; thence, along the curving right of way which has a chord bearing of south 45 degrees 53 minutes 30 seconds east a chord distance of 976.03 feet with a curve length of 1088.06 feet to a point; thence, continuing along said right of way south 00 degrees 08 minutes east a distance of 1951.21 feet to a point; thence, south 42 degrees 58 minutes 26 seconds west along the west miter of Lake Laurie Drive a distance of 76.91 feet to a point, said point being on the north right of way of Oak Street Extension; thence, along the north right of way of Oak Street Extension north 88 degrees 26 minutes east a distance of 170.08 feet to a point, said point being the mitered east right of way of Lake Laurie Drive; thence, north 45 degrees 13 minutes 43 seconds west along said mitered east right of way a distance of 71.40 feet to a point; thence, continuing along said right of way north 00 degrees 08 minutes west a distance of 1951.21 feet to a point; thence, along the curving right of way 62.06 feet to a point; thence, north 51 degrees 39 minutes east a distance of 1244.87 feet to a point; thence, north 00 degrees 03 minutes east a distance of 740.74 feet to a point; thence, north 89 degrees 57 minutes west a distance of 700 feet to a point; thence, south 00 degrees 03 minutes west a distance of 500 feet to a point; thence, south 51 degrees 39 minutes west a distance of 750.80 feet to a point, said point being on the curving north right of way of Lake Laurie Drive; thence, along said curving right of way a distance of 487.07 feet to a point; thence, along said north right of way 88 degrees 21 minutes west a distance of 1098.08 feet to a point; thence, along the curving north right of way which has a chord bearing of north 78 degrees 39 minutes west a chord distance of 306.47 feet to a point; thence, along said north right of way north 65 degrees 39 minutes west a distance of 251.04 feet to a point; thence, along the curving north right of way which has chord bearing of north 78 degrees
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39 minutes west a chord distance of 337.97 feet to a point; thence, along said north right of way south 88 degrees 21 minutes west a distance of 50 feet to a point; thence, along the north miter of Lake Laurie Drive, north 46 degrees 39 minutes west a distance of 70.71 feet to a point, said point being on the east right of way of Staten Road; thence, south 88 degrees 21 minutes west a distance of 80 feet to a point on the west margin of Cherry Creek Road (Staten Road); thence, along the west margin of Cherry Creek Road (Staten Road) north 1 degree 22 minutes 35 seconds west a distance of 1959.87 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 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
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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 866 feet more or less to a point; thence, south 2 degrees 12 minutes west a distance of 50 feet more or less to a point, said point being on the south right of way of the Old National Highway; thence, south 01 degrees 57 minutes west a distance of 514.30 feet to a point; thence, south 86 degrees 27 minutes east a distance of 200.1 feet to a point; thence, north 1 degree 56 minutes east a distance of 515 feet to a point, said point being on the south right of way of the Old National Highway; thence, north 2 degrees 12 minutes east a distance of 50 feet more or less to a point, said point being on the north right of way of the Old National Highway; thence, continuing along the north right of way, north 86 degrees 53 minutes east a distance of 1054 feet plus or minus to a point, said point being the intersection of the projected west right of way of Country Club Road and the north right of way of the Old National Highway; thence, along the projected west
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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 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 of 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 corving 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
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60 foot County Road; thence, south 5 degrees 29 minutes 30 seconds west a distance of 60 feet to a point, 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 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
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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 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,
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north 26 degrees 35 minutes 26 seconds west a distance of 199.07 feet to a point; thence, north 28 degrees 39 minutes 01 seconds west a distance of 198.28 feet to a point; thence, north 30 degrees 18 minutes 43 seconds west a distance of 114.47 feet to a point; thence, north 31 degrees 41 minutes 41 seconds west a distance of 83.66 feet to a point; thence, north 31 degrees 21 minutes 44 seconds west a distance of 49.57 feet to a point; thence, north 32 degrees 50 minutes 34 seconds west a distance of 99.22 feet to a point; thence, north 34 degrees 17 minutes 54 seconds west a distance of 49.45 feet to a point; thence, north 33 degrees 52 minutes 14 seconds west a distance of 35.20 feet to a point; thence, north 34 degrees 27 minutes 17 seconds west a distance of 164.09 feet to a point; thence, north 35 degrees 29 minutes 51 seconds west a distance of 200.34 feet to a point; thence, north 35 degrees 52 minutes 17 seconds west a distance of 44.76 feet to a point which point is the intersection of the south right of way of Gornto Road and the west right of way of the Georgia Southern and Florida Railroad; thence, north 35 degrees 52 minutes 17 seconds west a distance of 80.58 feet to a point, said point being on the north right of way of Gornto Road; thence, north 35 degrees 27 minutes 14 seconds west a distance of 300.00 feet; thence, north 36 degrees 29 minutes 39 seconds west a distance of 1195.0 feet to a point, said point being the center of the Withlacoochee River; thence, westward along the meandering center of the Withlacochee River an approximate distance of 1170 feet; thence, south 41 degrees 19 minutes 45 seconds east a distance of 1140.0 feet to a point; thence, south 43 degrees 18 minutes 46 seconds west a distance of 518.81 feet to a point, said point being on the north right of way of proposed 80 foot road; thence, along said proposed north right of way south 57 degrees 17 minutes 24 seconds east a distance of 382.05 feet to a point, said point being on the beginning of a 20 foot radius; thence, south 32 degrees 42 minutes 36 seconds west a distance of 80 feet to a point, said point being on the south right of way of the proposed road; thence, along a 20 foot radius an arc distance of 28.47 feet to a point, said point being on the west margin of Gornto Road; thence, along the said curving right of way 141.44 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
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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, 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
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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 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
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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 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 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
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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 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
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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; 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
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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 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
4627
of Baytree Road right of way withthe 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; 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;
4628
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 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 the north right of way of Lankford Drive, north 48 degrees 25 minutes east a distance of 421.13 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 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
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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 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
4630
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 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
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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, along said right of way north 28 degrees 58 minutes 51 seconds west a distance of 884 feet more or less to a point, said point being on the north right of way of Byrd Street; thence, along said right of way north 77 degrees 30 minutes east a distance of 362 feet plus or minus to a point; thence, north 29 degrees 00 minutes west a distance of 175 feet to a point; thence, south 76 degrees 30 minutes west a distance of 363 feet plus or minus to a point, said point being on the east margin of St. Augustine Road; thence, at right angle to the right of way in a westerly direction a distance of 84 feet to a point, said point being on the west margin of St. Augustine Road; thence, along the curving right of way in a southerly direction a distance of 257 feet more or less to a point; thence, south 88 degrees 50 minutes 30 seconds west a distance of 438 feet plus or minus to a point; thence, south 1 degree 51 minutes east a distance of 181.76 feet to a point; thence, north 87 degrees 27 minutes east a distance of 529 feet plus or minus to a point, said point being on the west margin of St. Augustine Road; thence, along said margin south 28 degrees 58 minutes 51 seconds east a distance of 609 feet more or less to a point; 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
4632
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, 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 119.56 feet to a point; thence,
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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 537 feet more or less; thence, north 31 degrees 26 minutes 50 seconds west a distance of 1146.43 feet to a point; thence, south 82 degrees 35 minutes west a distance of 16.42 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 711.25 feet to a point; thence, south 58 degrees 11 minutes west a distance of 439.51 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 24.0 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 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 I-75; thence, south 18 degrees 40 minutes east along the west right of way of I-75 a distance
4634
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 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 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
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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 31 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 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
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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 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 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 degree 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
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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 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 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 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
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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 pont; 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 40 degrees 24 minutes east a distance of 654.26 feet to a point; thence, south 55 degrees 46 minutes east 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
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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 1104.94 feet to a point; thence, north 78 degrees 30 minutes east a distance of 175 feet to a point; thence, north 11 degrees 30 minutes west a distance of 75 feet to a point; thence, south 78 degrees 30 minutes west a distance of 175 feet to a point, said point being on the east margin of Madison Highway; thence, along said margin north 11 degrees 14 minutes west a distance of 850.5 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 of a 20 foot alley; thence, along said alley margin north 11 degrees 30 minutes west a distanace 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
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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 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
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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, along said margin south 49 degrees 11 minutes 30 seconds east a distance of 811.0 feet to a point; thence, north 43 degrees 45 minutes east a distance of 690.81 feet to a point; thence, north 1 degree 04 minutes west a distance of 535.98 feet 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 margin 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, 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
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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; 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
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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 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
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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 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;
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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; 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. Savannah Avenue); thence, along
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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 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 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
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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; 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.
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(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 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 486.83 feet to a point, said point being the POINT OF BEGINNING. (4) Beginning at a point where the north right of way of Baytree Road intersects the east right of way of Gornto Road, said point being the POINT OF BEGINNING. thence,
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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 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 centerline of Mud Creek intersects the west right of way of the Madison Highway (SR 31); thence, south 79 degrees 55 minutes 55 seconds
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west a distance of 133.20 feet 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. (8) 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. (9) 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 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
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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. (10) 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. (11) 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, 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. (12) Beginning at a point where the west right of way of Bemiss Road intersects the south right of way of Connell
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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. (13) 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 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. (14) 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 to a point, said point being the POINT OF BEGINNING.
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(15) 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. (16) 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 minutes 04 seconds west a distance of 495.98 feet to a point; thence, along the east right of way of North Forrest Street, north 1 degree 16 minutes 42 seconds west a distance of 125.45 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. (17) 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
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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 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. (18) Begining 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.
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(19) Beginning at a point where the south right of way of Baytree Road intersects the east right of 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. (20) 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 40 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 minutes 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 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.
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(21) 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 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. (22) Beginning as a point of reference the intersection of the north right of way of Pineview Drive and the east
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right of way of Dukes Avenue; thence, along the north right of way of Pineview Drive in an easterly direction a distance 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. (23) Beginning at a point on the south margin of Eager Road, said point being 250.47 feet west of the west right of way of Oak Street; thence, south 00 degrees 38 minutes 50 seconds east a distance of 100.0 feet to a point; thence, north 87 degrees 18 minutes 00 seconds west a distance of 100.06 feet to a point; thence, south 0 degrees 38 minutes 50 seconds east a distance of 381.71 feet to a point; thence, south 89 degrees 21 minutes 10 seconds west a distance of 535.34 feet to a point; thence, north 0 degrees 56 minutes 02 seconds west a distance of 462.44 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 18 minutes 00 seconds east a distance of 638.06 feet to a point, said point being the POINT OF BEGINNING. (24) 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
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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. (25) 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. (26) 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 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 200.00 feet to a point; thence, south 34 degrees 52 minutes 01 seconds west a distance of 100.00 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
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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. (27) 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. (28) 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
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OF BEGINNING. thence, north 19 degrees 30 minutes east along the west right of way of Bemiss Road a distance of 400.00 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. (29) 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 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. (30) 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 a point, said point being the POINT OF BEGINNING. (31) Beginning at the intersection of the east right of way of Oak Street Extension and the south right of way of
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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. (32) As a point of reference only, begin at a point at the northeastern intersection of Ellis Drive and 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. (33) 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 767.75 feet to a point; thence, south 0 degrees 43 minutes west a distance of 213.15 feet to a point, said point being on the north right of way of Mossway; 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
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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 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. (34) 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. (35) 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
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of 202.10 feet to a point, said 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. (36) 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. (37) 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 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. (38) 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 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
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41 minutes west a distance of 450.38 feet to a 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, 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 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 the 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
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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 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, south 08 degrees 03 minutes 10 seconds east a distance of 422.69 feet to a point; thence, south 54 degrees 45 minutes 29 seconds west a distance of 228.11 feet to a point; thence, south 45 degrees 11 minutes 29 seconds east a distance of 50.0 feet to a point; thence, south 46 degrees 12 minutes 15 seconds east a distance of 161.02 feet to a point, said point being on the north margin of the Inner Perimeter Road; thence, along said margin, north 54 degrees 45 minutes 29 seconds east a distance of 73.89 feet to a point; thence, south 7 degrees 30 minutes 12 seconds east
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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 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, continuing along the curving west right of way of Highway 41 a distance of 65 feet more or less to a point, said point being on the north margin of Briggs Street; thence, continuing along the curving right of way of U. S. Highway 41 a distance of 286.40 feet to a point; thence, along said curving right of way which has a chord of north 52 degrees 14 minutes west a distance of 273.90 feet to a point; thence, south 31 degrees 00 minutes west a distance of 650.42 feet to a point; thence, south 38 degrees 33 minutes east a distance of 221.64 feet to a point, said point being on the north margin of Briggs Street; thence, along said margin north 59 degrees 53 minutes east a distance of 254.24 feet to a point; thence, south 30 degrees 07 minutes east a distance of 65 feet more or less to a point, said point being on the south margin of Briggs Street; thence, along the south right of way of Briggs Street south 59 degrees 58 minutes west a distance of 93.34 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
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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 0 degrees 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
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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 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
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bearing and distance south 71 degrees 54 minutes 04 seconds west a distance of 60.31 feet to a point; thence, north 5 degrees 10 minutes west a distance of 60 feet to a point, said point being on the north right of way of Smithbriar Drive; thence, along the curving right of way which has a radius of 77.02 feet a chord distance of 105.83 feet to a point; thence, continuing along the right of way of Pine Point Circle north 1 degree 58 minutes west a distance of 257.90 feet to a point; thence, south 83 degrees 49 minutes west a distance of 210.10 feet to a point; thence, south 72 degrees 08 minutes west a distance of 52.56 feet to a point; thence, south 0 degrees 19 minutes west a distance of 316.37 feet to a point, said point being on the north right of way of Smithbriar Drive; thence, continuing along said right of way south 84 degrees 50 minutes west a distance of 227.03 feet to a point, said point being the intersection of the north 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 480 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 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; thence, 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 38.25 feet to a point; thence, south 7 degrees 08 minutes east a distance of 251.7 feet to a point, said point being on the north right of way of Pine Point Circle; thence, along said right of way south 83 degrees 32 minutes west a distance of 69.74 feet to a point; thence, south 6 degrees 28 minutes east a distance of 60 feet to a point, said point being on the south right of way of Pine Point
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Circle; thence, along said right of way south 83 degrees 32 minutes west a distance of 130.48 feet to a point; thence, south 15 degrees 40 minutes east a distance of 284.7 feet to a point; thence, north 86 degrees 42 minutes west a distance of 57.7 feet to a point; thence, south 1 degrees 18 minutes west a distance of 175 feet to a point; thence, south 88 degrees 42 minutes east a distance of 64.9 feet to a point; thence, south 1 degree 18 minutes west a distance of 175 feet to a point, said point being on the north margin of Smithbriar Drive; thence, along said margin south 88 degrees 42 minutes east a distance of 297.0 feet to a point; thence, along the curving radius of the intersection of Smithbriar Drive and Evergreen Lane an arc distance of 62.8 feet to a point; thence, north 1 degree 18 minutes east a distance of 75.0 feet to a point; thence, along the curving margin of Evergreen Lane a distance of 129.5 feet to a point; thence, along the margin of Evergreen Lane north 30 degrees 28 minutes west a distance of 79.5 feet to a point; thence, north 59 degrees 32 minutes east a distance of 60 feet to a point, said point being on the east margin; thence, north 77 degrees 18 minutes east a distance of 440.0 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 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 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
4671
305.0 feet to a point, said point being the POINT OF BEGINNING. (39) 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 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. (40) As a point of reference only where the west right of way of Cherry Creek Road also known as Staten Road
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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 344.16 feet to a point; thence, south 88 degrees 03 minutes west a distance of 334.16 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. (41) 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 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. (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; 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
4673
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. (43) 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, 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
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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. (44) 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 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. (45) As a point of reference only where the 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
4675
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 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. (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
4676
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 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 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; 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 a 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.
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(47) 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 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. (48) 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. (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 west a distance of 159.67 feet to a point; thence, along said right of way south 21 degrees 02 minutes 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 149.70 feet to a point, said point
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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, north 40 degrees 25 minutes west a distance of 496.92 feet to a point, said point being on the south margin of Lake Shore Drive North; 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 BEGINNING. (50) 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 distance of 66.10 feet to a point; thence, south 23 degrees 11 minutes
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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. (51) 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 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,
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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. (52) 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. (53) 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, 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
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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 184.54 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. (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; 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 a distance of 104.54 feet; thence, along said right of way south 88 degrees 28 minutes east a distance of 712.24 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;
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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. (55) 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 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 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 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 03 minutes 28 seconds west a distance of 159.03 feet to a point; thence, south 40 degrees
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13 minutes 05 seconds west a distance of 288.0 feet to a point, said point being the POINT OF BEGINNING. (56) 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; 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. (57) 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 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
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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. (58) 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 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. (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; 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;
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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. (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 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 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. (61) Beginning at a point where the south margin of Briggs Street intersects the west margin of U.S. Highway 41, said point being the POINT OF BEGINNING; thence, along the south margin of Briggs Street south 59 degrees 53 minutes west a distance of 451.50 feet to a point; thence, north 30 degrees 07 minutes west a distance of 65 feet more or less to a point, said point being on the north margin of Briggs Street; thence, north 23 degrees 31 minutes west a distnce of 185.40 feet to a point; thence, north 45 degrees 20 minutes east a distance of 376.60 feet to a point, said point being on the west margin of U.S. Highway 41; thence, along the curving margin a distance of 351.46 feet more or less to a point, said point being the POINT OF BEGINNING. (62) As a point of reference only where the south right of way of Cherry Creek Drive intersects the east right of
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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 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 149.70 feet to a point; thence, along the right of way south 50 degrees 57 minutes west a distance of 159.74 feet to a point; thence, along the right of way south 66 degrees 17 minutes west a distance of 162.7 feet to a point; thence, along the right of way south 74 degrees 06 minutes west a distance of 167.08 feet to a point; thence, along the right of way south 70 degrees 53 minutes west a distance of 26.57 feet to a point; thence, along the right of way south 57 degrees 11 minutes west a distance of 169.90 feet to a point, said point being the POINT OF BEGINNING; thence, along the right of way south 30 degrees 12 minutes west a distance of 183.43 feet to a point; thence, south 38 degrees 22 minutes east a distance of 598.66 feet to a point; thence, north 6 degrees 07 minutes east a distance of 141.05 feet to a point; thence, north 33 degrees 45 minutes west a distance of 200.31 feet to a point; thence, north 45 degrees 36 minutes east a distance of 59.75 feet to a point; thence, north 38 degrees 53 minutes west a distance of 361.53 feet to a point, said point being the POINT OF BEGINNING. (63) 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
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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 of 195.32 feet to a point; 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, continuing along the curving right of way which has a chord of north 75 degrees 07 minutes east a distance of 62.37 feet to a point; thence, along said right of way north 86 degrees 03 minutes east a distance of 23.89 feet to a point; thence, along the curving right of way which has a chord of north 77 degrees 00 minutes east a distance of 98.93 feet to a point, said point being the POINT OF BEGINNING. thence, continuing along the curving right of way which has a chord of north 52 degrees 40 minutes east a distance of 165.97 feet to a point; thence, south 31 degrees 05 minutes east a distance of 572.75 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 the POINT OF BEGINNING. Section 2. 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 1987 session of the General Assembly of Georgia for the passage of a bill amending the charter of the City of Valdosta which bill shall be entitled as follows:
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As 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. GEORGE T. TALLEY City Attorney City of Valdosta 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 10, 1987. /s/ James M. Beck Representative, 148th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 26, 1987.
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CITY OF ETON NEW CHARTER. No. 328 (House Bill No. 902). AN ACT To reincorporate the Town of Eton in the County of Murray as the City of Eton and create therefor a new charter; to provide the name, powers, and corporate limits of said city; to provide for the form and method of government of the city, the administration of city affairs, elections for city officers, the municipal court of the city, taxation by the city, and the financial and fiscal affairs and management of the city, municipal services, and regulatory functions; to provide for penalties; to provide for general provisions; to provide for all related matters; to provide for severability; to provide for specific repeal; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I NAME, POWERS, BOUNDARIES Section 1.101. Name. The city and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style CITY OF ETON, GEORGIA, and by that name shall have perpetual succession. Section 1.102. 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 law. (b) The city council may provide by ordinance that the boundaries of this city shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of city clerk and to be designated, as the case may be: Official Map (or description) of the corporate limits of the City of Eton, Georgia. Photographic, typed or other copies of such map or description certified by the city clerk shall be admitted
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as evidence in all courts and shall have the same force and effect as with the original map or description. (c) If the city council shall provide by ordinance that the boundaries of the city shall be shown on a map, 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 1.103. 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. (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 1.104. Examples of powers. The following are examples of powers accorded this city: (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 hereunder; (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
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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 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 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;
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(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 within the city and 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; (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 the 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
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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 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, 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) 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 esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed policemen and to establish,
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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, 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; (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
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of way of streets and roads or within view thereof, within 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 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 and to require real estate owners to repeair 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, charge, or 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 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 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
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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 of 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; (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; 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 nor 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
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to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.105. 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. ARTICLE II LEGISLATIVE Section 2.101. 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 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 2.102. 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. No person shall be eligible to serve as mayor or councilmember unless that person meets the eligibility requirements for public office specified in Code Section 45-2-1 of the O.C.G.A. The mayor and each councilmember shall continue to reside in the city during his period of service and to be registered and qualified to vote in municipal elections of this city. Section 2.103. 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 2.104. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
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Section 2.105. Holding other office; conflicts of interest. (a) Except as authorized by law and Section 6.106 of this charter, the mayor or any councilmember shall not hold any other city office during the term for which he was elected. (b) Neither the mayor nor any member of the city council shall vote upon or sign any ordinance, resolution, contract, or other matter in which he is personally interested. (c) 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 councilmember 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. (d) 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. (e) 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. (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) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements
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of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position. Any officer or employee of the city who shall forfeit his office or position as described in the foregoing sentence, 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 2.106. 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 2.107. 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 of this charter. Section 2.108. 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 2.109. Organizational meetings. The city council shall hold an organizational meeting on the Tuesday next succeeding the regular election held in the city 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 that I will faithfully perform the duties of (mayor) (councilmember) of this city and
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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 2.110. 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 councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may 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 given as required by law. Section 2.111. 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 2.112. Quorum; voting. Three councilmembers shall constitute a quorum necessary 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 the majority of the councilmembers present and voting
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shall be required for the adoption of any ordinance, resolution, or motion. Section 2.113. Ordinance form; procedures. (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 Eton 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; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.115. 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 2.114. Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 2.115. 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 may 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, with the affirmative vote of at least a majority of the councilmembers present in the meeting required for adoption. It shall become effective upon adoption or at such later time as it may specify.
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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 2.116. 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: (1) the requirements of subsection (b) of Section 2.113 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 2.117 of this charter. 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 2.117. 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 may provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. If provided, such 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 may be cited officially as The Code of the City of Eton, 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. If a general
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codification of all the ordinances of the city having the force and effect of law shall be provided by the city, 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 2.118. 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 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) Participate on matters before the city council but vote only in the case of a tie vote on any issue before the city council; (6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (7) See that all laws and ordinances of the city are faithfully executed; (8) Recommend to the city council the appointment and removal of all officers, department heads, and employees of the city, except as otherwise provided in this charter;
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(9) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activity; (10) Submit to the city council at least once a year a statement covering the financial condition of the city, and from time to time, such other information as the city council may request; (11) Recommend to the city 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; (12) Call special meetings of the city council as provided for in Section 1.110; and (13) Perform such other duties as may be required by law, this charter, or by ordinance. Section 2.119. 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 power 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 tempore is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majority vote of all council members. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.101. 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 by law, directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
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(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 which suspension or removal shall not be effective for five 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 3.102. City attorney. The city council shall appoint a city attorney and shall provide for the payment of such attorney 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 3.103. City clerk. The city council 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 3.104. Council interference with administration. Except for the purpose of inquiries and investigations under Section 2.106, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the mayor solely through the mayor, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
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ARTICLE IV ELECTIONS Section 4.101. 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., the Georgia Municipal Election Code, as now or hereafter amended. Section 4.102. Election of the city council and mayor. (a) There shall be a municipal general election annually on the first Saturday in January of each year, and if such day be a legal holiday, then on the Saturday next. (b) Those persons serving as mayor or councilmembers who were elected to such offices at the municipal general election in 1986, and any person serving in any such office by reason of having been selected to fill a vacancy therein, shall continue to serve out their terms of office, which expire at the first organizational meeting of the council in 1988. Those persons serving as councilmembers who were elected to such offices at the municipal general election in 1987, and any person serving in any such office by reason of having been selected to fill a vacancy therein, shall continue to serve out their terms of office, which expire at the first organizational meeting of the council in 1989. (c) Successors to the mayor or councilmembers whose terms are to expire, including but not limited to those persons whose terms of office expire as provided in subsection (b) of this section, shall be elected at the general election immediately preceding the expiration of such terms and shall serve for terms of office of two years each. A person elected as mayor or councilmember shall serve for the terms designated in this section and until that person's respective successor is elected and qualified. Section 4.103. 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 4.104. Majority vote for election. The person receiving a majority of the votes cast for any city office shall be elected.
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Section 4.105. Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause, 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 three months of the expiration of the term of that office, the city council or those 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. Section 4.106. 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 Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. ARTICLE V FINANCE Section 5.101. 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, 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 5.102. 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, as well as authorize the voluntary payment of taxes prior to the time when due. Section 5.103. 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
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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 helpful and may compel the payment of such taxes as provided in Section 5.109. Section 5.104. 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 5.109. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as public health, safety, and welfare necessitate. Section 5.105. 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, 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 previously granted. Section 5.106. 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 or outside the corporate limits of the city for the total cost of the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 5.109.
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Section 5.107. Special assessments. The city council, by ordinance, shall have the power to assess 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 5.109. Section 5.108. 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 5.109. 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 5.101 through 5.107 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 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 5.110. 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 was undertaken. Section 5.111. 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 5.112. 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.
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Section 5.113. 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. Section 5.114. 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 5.115. 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 budget for the ensuing fiscal year. Section 5.116. 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 date immediately preceding the beginning of that fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for the 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. 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 5.114.
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(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such. Section 5.117. Tax levies. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rate 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 5.118. Changes and appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting, or any special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. Section 5.119. 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 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 2.115. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the date immediately preceding the beginning of that fiscal year. No appropriation provided for in a prior capital improvements budget shall lapse 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
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by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 5.120. 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 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 5.121. Contracting procedures. No contract with the city shall be binding on the city unless: (1) It is in writing; and (2) It is made or authorized by the city council and such approval is entered in the city journal of proceeding pursuant to subsection (a) of Section 2.111. Section 5.122. Centralized purchasing. The city council may, by ordinance, prescribe procedures for a system of centralized purchasing for the city. Section 5.123. 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
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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 exchange 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 VI MUNICIPAL COURT Section 6.101. Creation; name. There shall be a court to be known as The Municipal Court of the City of Eton, Georgia. Section 6.102. Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by general 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 12 months 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. The municipal court may designate the chief of the police department of the City of Eton, Georgia, with its authority to accept or reject appearance bonds, surety, or bail as the municipal court
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may set. 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 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 of this state 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 general law. All summonses, subpoenas, and warrants of the municipal court may be served by the chief of the police department of the City of Eton, Georgia, or an authorized peace officer under his supervision and control. (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 general law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. (j) 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.
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(k) As an alternative to fine or imprisonment as punishment for crimes within its jurisdiction and violations of the ordinances of the City of Eton, the municipal court shall be authorized to punish any offender upon conviction to labor on the streets, sidewalks, squares, or other public works of the City of Eton as an alternative to fine or imprisonment. Section 6-103. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. Section 6.104. 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 Murray County, and the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 6.105. Rules for the 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 the 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 municipal court proceedings at least 48 hours prior to said proceedings. Section 6.106. Judge of municipal court. (a) The mayor of Eton shall serve as the judge of the Eton Municipal Court and his compensation for performing this function shall be fixed by the city council of Eton. (b) The judge pro tempore shall serve in the absence, disqualification, or resignation of the judge. The judge pro tempore shall be appointed by the city council, shall take the same oath as the judge, and shall exercise the same powers and duties as the judge when acting in his place. (c) Before entering on the duties of his office, the judge shall take an oath before the city clerk as follows:
4716
I do solemnly swear that I will truly, honestly, and faithfully discharge the duties of judge of the Eton Municipal Court to the best of my ability without fear, favor, or partiality and 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. The oath shall be entered upon the minutes of the city council. ARTICLE VII GENERAL PROVISIONS Section 7.101. 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 7.102. 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 7.103. Construction. (a) Section captions in this charter are informative only and are 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. (d) The word city means the City of Eton. (e) Any reference in this charter to a designated section shall be deemed to refer to a section of this charter unless otherwise clearly apparent. Section 7.104. 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
4717
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. Section 7.105. Existing rights and interest. (a) Any rights or interest, public or private, vested in whole or in part on the effective date of this charter, whose validity might be sustained or preserved by reference to any provisions of law repealed by this charter, shall not be affected by this charter. This section shall not apply to any right or interest in any elective public office not conferred by this charter. (b) Any rights or interest, public or private, derived from, or which might be sustained or preserved in reliance upon, action taken, including the adoption of ordinances or resolutions, pursuant to or within the scope of any provisions of law repealed by this charter, shall not be affected by this charter. Section 7.106. Specific Repealer. An Act incorporating the Town of Eton in the County of Murray, approved August 11, 1909 (Ga. L. 1909, p. 878), is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.107. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7.108. 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 1987 session of the General Assembly of Georgia a bill to provide for a New Charter for the city of Eton; and for other purposes. This 11th day of February, 1987. Honorable Tom Ramsey Representative, 3rd District
4718
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: February 11, 1987. /s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me, this 17th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 26, 1987. CITY OF SMYRNA MAYOR AND COUNCILMEN; ELECTIONS. No. 331 (Senate Bill No. 72). 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 20, 1985 (Ga. L. 1985, p. 4072), so as to provide for the election of the mayor and all councilmen at the same elections; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes.
4719
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 20, 1985 (Ga. L. 1985, p. 4072), is amended by striking Section 6 in its entirety and substituting in lieu thereof a new Section 6 to read as follows: Section 6. The corporate powers of the City of Smyrna shall be vested in a mayor and seven councilmen. One councilman shall be elected from each of seven wards provided for hereinafter and shall be elected only by the voters of the ward from which a candidate offers for election. A candidate for councilman shall be a resident of the ward from which the candidate offers for election and a councilman must remain a resident of the ward from which elected during a term of office. Each councilman shall be elected by a majority of the voters voting within each respective ward. The mayor may reside anywhere within the corporate boundaries of the city and shall be elected by a majority of the voters voting from the city at large. The mayor and all seven councilmen shall be elected on the first Tuesday in November, 1987. They shall take office on the first Monday in January, 1988, for terms of four years and until their successors are elected and qualified. Thereafter, their successors and future successors shall be elected quadrennially on the first Tuesday in November immediately preceding the expiration of terms of office and shall take office on the first Monday in January immediately following their election for terms of four years and 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 hereby given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Smyrna (Ga. L. 1931, p. 965), as heretofore amended, and for other purposes.
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This 5th day of Jan., 1987. Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES 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 9, 1987. /s/ Jim Tolleson Senator, 32nd District Sworn to and subscribed before me, this 13th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County Georgia My Commission Expires Nov. 21, 1989 Approved March 26, 1987.
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CITY OF LAGRANGE CORPORATE LIMITS. No. 332 (Senate Bill No. 115). AN ACT To amend an Act creating a new charter for the City of LaGrange in the County of Troup, approved March 8, 1968 (Ga. L. 1968, p. 2191), as amended, particularly by an Act approved January 31, 1985 (Ga. L. 1985, p. 3505), so as to extend and increase the corporate limits of the City of LaGrange; 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 LaGrange in the County of Troup, approved March 8, 1968 (Ga. L. 1968, p. 2191), as amended, particularly by an Act approved January 31, 1985 (Ga. L. 1985, p. 3505), is further amended by adding a new subparagraph (18) of paragraph (a) of Appendix I, Boundaries of the City of La Grange, Georgia, to read as follows: (18) In addition to the property heretofore included in the corporate limits of the City of LaGrange, Troup County, Georgia, the corporate limits shall be extended so as to include the following described property: Starting at a point, said point being at the intersection of the South boundary of State Route 219 (Mooty Bridge Road) with the existing City Limits of LaGrange, such point having coordinates of N 1,112,844.38 and E 228,536.87 based on the plane coordinate system of Georgia, West Zone; from said starting point run thence North 41 18[prime] West along the South boundary of said State Route 219 for a distance of 690.00 feet to a point; thence North 48 42[prime] East along the boundary of said road 15.00 feet to a point; thence North 41 15[prime] West along the boundary of said road for a distance of 239.91 feet to a point; thence South 48 47[prime] West along the boundary of said road for a distance of 30.22 feet to a
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point; thence North 41 14[prime] West along the boundary of said road for a distance of 116.71 feet to a point; thence North 39 44[prime] West along the boundary of said road for a distance of 155.98 feet to a point; thence North 36 20[prime] West along the boundary of said road for a distance of 191.90 feet to a point; thence North 45 37[prime] West along the boundary of said road for a distance of 107.38 to a point; thence North 47 25[prime] West for a distance of 301.21 feet to a point; thence North 23 33[prime] East for a distance of 42.33 feet to a point; thence North 18 54[prime] East for a distance of 285.60 feet to a point; thence North 61 40[prime] West for a distance of 242.60 feet to a point; thence North 18 35[prime] East for a distance of 171.97 feet to a point; thence North 39 12[prime] West for a distance of 106.85 feet to a point; thence South 74 03[prime] West for a distance of 266.07 feet to a point; thence North 43 39[prime] West for a distance of 210.00 feet to a point; thence South 74 03[prime] West for a distance of 210.00 feet to a point; thence North 43 39[prime] West across property of the United States Government known as the West Point Reservoir for a distance of 3434.00 feet to a point which is corner No. 585100 of the Corps of Engineer Survey of West Point Reservoir (hereinafter referred to as CE); thence North 51 49[prime] East for a distance of 233.23 feet to CE 585000; thence North 45 44[prime] West for a distance of 421.00 feet to CE 584900; thence North 29 22[prime] West for a distance of 1081.90 feet to a point which CE 584800; thence North 06 24[prime] West to an iron pin found on the North boundary of State Route 219 which also CE 584700; thence Northerly along the center line of a branch for a distance of 850 feet more or less to a point where the branch intersects a fence line; thence in an Easterly and Northerly direction along said fence line for a distance of 2502 feet, more or less, to an iron pin found (the tie line connecting the two last mentioned iron pins found beginning with the first iron pin is described North 02 32[prime] East with a distance of 123.66 feet; North 23 52[prime] West with a distance of 309.29 feet; North 11 00[prime] West with a distance of 379.07 feet; North 74 47[prime] East with a distance of 645.19 feet; North 85 51[prime] East with a distance of 308.18 feet; North 17 58[prime] East with a distance of 131.47 feet; North 00 47[prime] East with a distance of 267.74 feet; North 11 26[prime] West with a distance of 290.35 feet; North 17 55[prime] East
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with a distance of 304.56 feet; North 28 41[prime] East with a distance of 536.24 feet); thence South 69 25[prime] East for a distance of 452.13 feet to a point; thence South 66 36[prime] East for a distance of 51.34 feet; thence South 75 59[prime] East for a distance of 75.67 feet to a point; thence South 67 53[prime] East for a distance of 44.30 feet to a point; thence South 68 44[prime] East for a distance of 53.44 feet to a point; thence South 50 07[prime] East for a distance of 59.97 feet to a point; thence South 66 46[prime] East for a distance of 81.13 feet to a point; thence South 71 44[prime] East for a distance of 200.00 feet to a point; thence South 71 09[prime] East for a distance of 200.01 feet to a point; thence South 67 23[prime] East for a distance of 184.73 feet to a point; thence North 89 28[prime] East for a distance of 42.57 feet to a point; thence South 88 01[prime] East for a distance of 114.59 feet to a point; thence South 74 01[prime] East for a distance of 209.14 feet to a point; thence South 04 35[prime] West for a distance of 865.73 feet to an iron pin found which is also CE 583800; thence South 20 21[prime] East for a distance of 815.56 feet to an iron pin found which is also CE 583900; thence South 45 44[prime] West for a distance of 640.00 feet to an iron pin found which is also CE 584000; thence South 35 27[prime] East for a distance of 570.95 feet to an iron pin found which is also CE 584100; thence South 28 55[prime] East across property of United States Government known as the West Point Reservoir for a distance of 4,198.78 feet to an iron pin found which is also CE 565300 and which is also on the existing City Limits of the City of LaGrange; thence South 23 48[prime] West along the existing City Limits of the City of LaGrange for a distance of 861.56 feet to an iron pin found which is also CE 565200; thence North 66 00[prime] West along the existing City Limits for a distance of 173.99 feet to an iron pin found which is also CE 565100; thence South 64 52[prime] West along the existing City Limits for a distance of 263.59 feet to an iron pin found on the North boundary of State Route 219; thence along the North boundary of said road, and the existing City Limits, along a curve which has a bearing of South 31 44[prime] East, a chord distance of 161.03 and a length of curve of 161.04 feet to a point; thence along the North boundary of said road, and the existing City Limits, North 56 43[prime] East for a distance of 15.00 feet to a point; thence along the North boundary
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of said road, and the existing City Limits, along a curve which has a bearing of South 36 43[prime] East, a chord distance of 332.89 and a length of curve of 333.09 feet to a point; thence along said road, North 27 51[prime] West for a distance of 16.11 feet to a point; thence continuing along the North boundary of said road, and the existing City Limits, along a curve which has a bearing of South 40 45[prime] East for a chord distance of 49.94 feet and a length of curve of 49.94 feet to a point; thence South 41 21[prime] East along the North right-of-way of said road for a distance of 68.72 feet to a point; thence South 41 21[prime] East along the North boundary of said road for a distance of 47.99 feet to a point; thence South 48 39[prime] West along the North boundary of said road for a distance of 15.00 feet to a point; thence South 41 21[prime] East along the North boundary of said road for a distance of 352.01 feet to a point; thence South 41 22[prime] East along the North boundary of said road for a distance of 200.09 feet to a point; thence South 41 16[prime] East along the North boundary of said road for a distance of 234.83 feet to a point; thence South 41 25[prime] East along the North boundary of said road for a distance of 160.00 feet to a point; thence South 60 45[prime] West across State Route 219 (Mooty Bridge Road) for a distance of 102.20 feet to an iron pin found which marks the starting point. 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 1987 Session of the general Assembly of Georgia a bill to amend an act creating a new charter for the City of LaGrange approved 8 March, 1968 (Ga. L. 1968, P. 2191, as amended); the purposes of said amendment being the annexation of the following described property into the corporate limits of the City of LaGrange, to-wit: All that tract or parcel of land containing 385.7 acres, more or less, situate, lying and being in Land Lots 15, 16 and 18 of the 6th Land District and in Land Lots 225, 245, 246, 247 and 248 of the 12th Land District of Troup County, Georgia.
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This 9th day of January, 1987. /s/ J.G. Newman J.G. Newman, Mayor City of LaGrange PUBLISHER'S AFFIDAVIT State of Georgia, County of Troup. 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 Sheriff's advertisements for Troup County, Georgia are published and that the attached copy of the Notice of Intention to Introduce Local Legislation was published therein on January 9, 1987. /s/ Glen O. Long, PUBLISHER LAGRANGE DAILY NEWS Sworn to and subscribed before me this 9th day of January, 1987. /s/ James R. Lewis, Notary Public Troup County, Georgia My Commission Expires: September 12, 1988 Approved March 26, 1987. CITY OF TRENTON NEW CHARTER. No. 333 (Senate Bill No. 185). AN ACT To reincorporate and provide a new charter for the City of Trenton in Dade County; to provide for the corporate limits of
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the city, the powers of the city, the city commissioner, the form and method of government of the city, the administration of city affairs, the municipal court of the city and practices, procedures, and penalties therein, the elections, terms, and methods of filling vacancies for city offices, taxation by the city, and financial management of the city; to provide for related matters; to provide an effective date; 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 Trenton in Dade County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the City of Trenton. References in this charter to the city or this city refer to the City of Trenton. The city shall have perpetual existence. 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 by local law or 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 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 Trenton, 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 commission 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) This city shall have all powers possible for a city to have under the present
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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 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. The powers of this 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; (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, 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
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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; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (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 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 negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses 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 and for private use; and to require real estate owners to maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (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;
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(13) Building regulation. To regulate the building trades and the construction of buildings and to adopt and enforce building, housing, plumbing, electrical, gas, heating, and airconditioning codes; (14) Planning and zoning. To provide for city planning by zoning, subdivision regulation, and the like; (15) Police power. To exercise the police power for the public safety and well-being of the city; (16) Roadside regulation. To prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads; (17) Health. To prescribe and enforce health and sanitation standards; (18) Pollution. To regulate emissions which pollute the air and water; (19) Fire safety. To fix fire limits and to prescribe and enforce fire-safety regulations; (20) Public hazards. To provide for the destructions or removal of public hazards; (21) Waste disposal. To provide for and regulate the collection, disposal, and recycling of garbage and wastes; (22) Garbage fees. To fix and collect garbage fees; (23) Sewer fees. To fix and collect sewer fees; (24) Nuisances. To define and provide for the abatement of nuisances; (25) Property protection. To preserve and protect the property of the city; (26) Prisoners. To provide for public work by municipal prisoners and for their confinement;
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(27) Animal control. To regulate or prohibit the keeping of animals; (28) Motor vehicles. To regulate the operation and parking of motor vehicles; (29) Taxicabs. To regulate vehicles operated for hire in the city; (30) Pensions. To provide and maintain a system of pensions and retirement for city employees and officers; (31) Special assessments. To levy, assess, and collect special assessments to cover the cost of public improvements; (32) Contracts. To enter into lawful contracts and agreements; (33) City agencies. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer appropriate authority upon them; (34) Penalties. To provide penalties for violations of municipal ordinances; (35) Police and fire protection. To exercise the power of arrest through appointed policemen and to operate a fire department; (36) Emergencies. To provide for the determining, proclamation, and combatting of emergencies; (37) Urban redevelopment. To organize and operate an urban redevelopment program; (38) Public transportation. To organize and operate public transportation systems; (39) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property
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which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city; and (40) 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 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 commission 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 commission to be composed of a mayor and four commission members. The mayor and commission members shall be elected in the manner provided by Article V of this charter. Section 2.11. City commission terms and qualification for office. The members of the city commission 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 commission member unless he or she is a qualified municipal voter and shall have been a resident of the city for one year immediately prior to the date of his or her election. The mayor and each commission member shall continue to reside therein during their period of service.
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Section 2.12. Vacancy, filling of vacancies; suspension. (a) Vacancies. The office of mayor or commission 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. A vacancy in the office of mayor or commission member shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (b) Suspension. Upon the suspension from office of mayor or commission member in any manner authorized by the general laws of the State of Georgia, the city commission or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. Section 2.13. Compensation and expenses. (a) The mayor will receive $2,400.00 annually as compensation, the commission members shall each receive $1,200.00 annually, and the city clerk shall receive $14,000.00 annually, as of the effective date of this charter. (b) The compensation of the mayor and commission members may be changed by ordinance, but any increase shall be subject to Code Section 36-35-4 of the Official Code of Georgia Annotated or any similar law hereafter enacted. (c) The mayor and commission 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 commission 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
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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 interests 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 interest of himself or herself 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 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; or (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 commission. The mayor or any commission member who has a private interest in any matter pending before the city commission shall disclose such private interest and such disclosure shall
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be entered on the records of the city commission, 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 commission 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 commission. (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 commission 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 commission shall be punished as provided by ordinance.
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Section 2.17. General power and authority of the city commission. Except as otherwise provided by this charter, the city commission shall be vested with all the powers of government of this city as provided by Article I. Section 2.18. Organization meeting. The city commission shall meet for organization on the first Monday in January of each year or as soon thereafter as practicable. The meeting shall be called to order by the mayor and the oath of the office shall be administered to the newly elected members as follows: I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or commission 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 commission shall hold regular meetings the first Monday of each month. If the first Monday is a legal holiday the meeting will be held the second Monday. (b) Special meetings of the city commission may be held on call of the mayor or the mayor pro tempore and two members of the city commission. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to commission members shall not be required if the mayor and all commission members are present when the special meeting is called. Such notice of any special meeting may be waived by a commission 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 commission 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 commission 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 commission shall adopt its rules of procedure and order of business consistent
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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 commission 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. (a) Two commission members and the mayor or mayor pro tempore shall constitute a quorum and shall be authorized to transact business of the city commission. Voting on the adoption of ordinances shall be taken by voice vote and the vote shall be recorded in the minutes, but any member of the city commission shall have the right to request a roll call vote and such vote shall be recorded in the minutes. 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. (b) In the event vacancies in office result in less than a quorum of commission members holding office, then the remaining commission members in office shall constitute a quorum and shall be authorized to transact business of the city commission. A vote of a majority of the remaining commission members shall be required for the adoption of any ordinance, resolution, or motion. 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 Commission of the City of Trenton hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by any commission member and read at a regular or special meeting of the city commission. (c) Upon passage, all ordinances shall be signed by the mayor, or mayor pro tempore if presiding, and the city clerk.
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(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. 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 commission which have the force and effect of law shall be done by ordinance. Section 2.24. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city commission may convene on call of the mayor or two commission 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. Section 2.25. Codes of technical regulations. (a) The city commission 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.
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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 the purpose all ordinances adopted by the commission. (b) The city commission 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 commission 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 commission may specify. This compilation shall be known and cited officially as The Code of the City of Trenton, 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 commission. (c) The city commission 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 commission. 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 commission 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. Election of mayor; forfeiture; compensations. The mayor shall be elected and serve for a term of four years and until his or her successor is elected and qualified. He or she shall be a qualified elector of this city and shall have been a resident of this city for at least one year immediately preceding his or her election. He or she shall continue to reside in this city during the period of his or her service. He or she shall forfeit his or her office on the same grounds and under the same procedure as for commission members. The compensation
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of the mayor shall be established in the same manner as for commission members. Section 2.28. Chief executive officer. The mayor shall be the chief executive of this city. He or she shall possess 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 2.29. 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 commission 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 commission; (5) Be clothed with veto power as hereinafter set out; (6) Keep the commission 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 commission together at any time when deemed necessary by him or her. Section 2.30. Mayor pro tempore. The city commission shall elect by a majority vote from among its members a mayor
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pro tempore who shall assume the duties and powers of the mayor upon the mayor's disability or absence. Section 2.31. Veto power. Every ordinance and resolution passed and every election of an officer or employee by the mayor and commission shall be subject to the veto of the mayor. The mayor shall within three days write out his or her objections to such resolution, ordinance, or election, and the mayor and commission 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 three commission 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 commission 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 an elected commissioner of the Police Department, the Street Department, the Parks and Recreation Department, and the Fire Utilities Department, who shall be its principal officer. Each commissioner shall, subject to the
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direction and supervision of the mayor and other commissioners, be responsible for the administration and direction of the affairs and operations of his or her department. Section 3.11. Boards, commissions, and authorities. (a) The city commission shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative functions as the city commission 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 commission for such term 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 general state law. (c) The city commission, 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 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 perform faithfully and impartially 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 commission.
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(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 the conduct of its affairs, copies of which shall be filed with the clerk of the city. Section 3.12. City attorney. The city commission 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 commission as directed; shall advise the city commission, 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. Personnel policies. The city commission may adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employments; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, 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
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(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 the City of Trenton. 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 a 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 mayor and city commission. (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 commission, or mayor and two members of the city commission. (e) Before entering on 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 commission. Section 4.12. Convening. The municipal court shall be convened at regular intervals 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.
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(c) The municipal court may fix punishment for offenses within its jurisdiction with a fine and/or imprisonment not exceeding those prescribed by the laws of the State of Georgia. The court may further sentence any offender upon conviction to labor for the city on the streets, sidewalks, square, 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 or by
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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 justice of the peace 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 Dade 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 commission, 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 commission 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, shall be furnished to all defendants in municipal court proceedings. 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, 1987, there shall be elected a mayor, clerk, police commissioner, street commissioner, parks and recreation commissioner, and fire utilities commissioner. The mayor, street commissioner, and fire utility commissioner
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shall be elected for a four-year term, and the clerk, police commissioner, and recreation commissioner shall be elected for a two-year term. On the first Tuesday in December, 1989, the clerk, police commissioner, and recreation commissioner shall be elected for a four-year term. 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. Special elections; vacancies. In the event that the office of mayor or commission member shall become vacant for any cause whatsoever, the city commission 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 12 months of the expiration of the term of that office, the city commission 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 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 commission 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 commission in its discretion. Section 6.11. Millage rate; due dates; payment methods. The city commission, by ordinance, shall establish a millage rate for the city property tax, not to exceed 10 mills, a due date, and in what length of time these taxes must be paid. The city commission, by ordinance, may provide for the payment
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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 commission, 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 commission 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; permits; fees. The city commission, 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 of this charter. The city commission, 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 commission 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 commission shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises. Section 6.15. Service charges. The city commission, 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
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city. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16. 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 6.17. Collection of delinquent taxes and fees. The city commission, 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 6.18. General obligation bonds. The city commission 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 6.19. Revenue bonds. Revenue bonds may be issued by the city commission 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 6.20. 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 6.21. Fiscal year. The fiscal year will be the calendar year. 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.
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Section 6.22. Action by city commission on budget. (a) The city commission 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 commission, 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 commission 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 commission 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 allotments thereof to which it is chargeable unless by a majority vote of the city commission. Section 6.23. Tax levies. As the next order of business following adoption of the budget, the city commission 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 6.24. Changes in appropriations. The city commission, 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.
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Section 6.25. 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 commission. 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 cost to the public. Section 6.26. 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 commission and such approval is entered in the city commission minutes. Section 6.27. Centralized purchasing. The city commission may prescribe procedures for a system of centralized purchasing for the city. Section 6.28. Sale of city property. (a) The city commission 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. (b) The city commission 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 commission may authorize the mayor to execute and deliver in the name
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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 commission 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 the city not inconsistent with this charter are declared valid and of full force and effect until amended or repealed by the city commission. Section 7.12. 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 with by such city agencies, personnel, or offices as may be provided by the city commission. Section 7.13. Effective Date. 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 7.14. Repealer. An Act incorporating the City of Trenton in Dade County, approved February 17, 1949 (Ga. L. 1949, p. 825), 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 repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia, legislation to reincorporate and provide a new charter for the City of Trenton; to provide for all related matters; to repeal conflicting laws; and for other purposes. This 22nd day of December, 1986. Roanld R. Womack, Attorney for City of Trenton GEORGIA, DADE COUNTY. Personally, before me, the undersigned authority duly authorized to administer oaths, comes Eddie Gifford, who on oath, deposes and says that he is the Publisher of the Dade County Sentinel, which is the official organ of Dade County, Georgia, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in said Dade County Sentinel in its issue of December 31, 1986. /s/ Eddie Gifford Publisher Sworn to and subscribed before me this 7th day of January, 1987. /s/ Diane Barnard Notary Public, Dade County, Georgia My Commission Expires Jan. 23, 1990 Approved March 26, 1987.
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MUSCOGEE COUNTY BOARD OF EDUCATION; COMPOSITION; ELECTIONS; DISTRICTS; TERMS; COMPENSATION; TAXES; REFERENDUM. No. 334 (Senate Bill No. 186). 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 for the composition of the Muscogee County Board of Education; to provide for qualifications for the members of the board; to provide for education districts; to provide for the nonpartisan nomination and election of members of the board; to provide for terms of office; to provide for vacancies; to provide for the compensation of members; to provide for the election of a chairman and vice chairman; to provide for the duties of the chairman and vice chairman; to change the provisions relating to the determination of the tax levy for the support and maintenance of public education in the Muscogee County School District; to change procedures relating to such tax levy; to provide for other matters relative to the foregoing; to provide for a referendum; 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 creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, is amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. (a) The terms of office of members of the Muscogee County Board of Education serving on December 31, 1988, shall expire on that date. (b) On and after January 1, 1989, the Muscogee County Board of Education, hereafter in this Act referred to as the `board' or `board of education' shall be composed of nine members, one of whom shall be elected from each of the nine education districts provided for in subsection (d) of this section. The board shall be elected as provided in this section
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and shall succeed to all the powers, duties, and obligations of the Muscogee County Board of Education existing on December 31, 1988. (c) (1) No person shall be eligible to serve as a member of the board if the person: (A) Holds any other public office for which compensation is paid, other than the office of notary public; (B) Is employed by or serves on the governing body of a private educational institution; provided, however, this subparagraph shall not apply to private educational institutions above the high school level; (C) Is employed by the Muscogee County Board of Education; or (D) Is employed by the State Board of Education or the State Department of Education. (2) All members of the board shall be at least 21 years of age upon taking office and shall be qualified electors of the Muscogee County School District. Each member shall be a resident of the education district which that member represents and shall have resided in that education district for at least six months immediately preceding the date of that member's election therefrom. If, during the term of office, any member ceases to be a resident of the education district the member was elected to represent, the member's position on the board shall thereby become vacant. Each member of the board shall be elected by a majority of the voters voting within the respective education district which the member represents. All members of the board shall be nominated and elected in nonpartisan primaries and elections as provided in this section. (d) (1) For the purpose of electing the members of the board, the Muscogee County School District shall be divided into nine education districts as follows: Education District 1 Muscogee Tracts 29.02 and 32
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Tract 33 Blocks 103 through 109 Block Group 5 Tract 107.03 Tract 108 That part of Block 901 which lies north of Victory Drive Education District 2 Muscogee Tract 20 Tract 22 Block Groups 1 and 2 Blocks 301 through 310 Tract 28 Block Groups 1 and 2 Block 605 Block Group 7 Tract 29.01 Tract 107.01 Blocks 117, 119, 120, and 134 Block Group 2 Tract 107.02 Education District 3 Muscogee Tract 31 Tract 33 Blocks 111 through 116 Block Groups 2 through 4 and 6 Tract 34 Tract 108 That part of Block 901 which lies south of Victory Drive Tract 109 Education District 4 Muscogee Tract 1 Tract 14
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Blocks 301 through 305, 307, and 309 through 313 Blocks 401 through 405 Tract 15 Blocks 108 through 111, 113, 114, 117 through 121, and 123 Blocks 204 through 217 Blocks 302 through 305, 307 through 319, 323, and 324 Block Group 4 Tract 16 Blocks 607, 611 through 614, 616, and 617 Tract 18 Blocks 203 and 212 through 214 Block Group 3 Blocks 401 and 402 Tract 22 Blocks 311 through 317 Block Group 4 Tracts 24 through 27 Tract 28 Block Groups 3 through 5 Blocks 601 through 604 Block Group 8 Tract 30 Education District 5 Muscogee Tracts 106.02, 106.03, and 106.04 Tract 107.01 Blocks 101, 103 through 112, 114 through 116, 118, 123 through 133, and 135 Education District 6 Muscogee Tracts 10, 21, 101.01, and 101.02 Tract 104.02 Blocks 203, 204, 206 through 220, 222 through 224, 230, and 231 Block 902 Tract 105
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Education District 7 Muscogee Tract 6 Blocks 101, 102, and 113 through 117 Blocks 201 and 202 Tracts 7 through 9 and 11 through 13 Tract 14 Block Groups 1 and 2 Blocks 406 through 414 Tract 15 Blocks 104 through 107, 124, and 125 Tract 18 Block Group 1 Blocks 201, 202, 206 through 211, and 215 Blocks 403 through 414 Tracts 19 and 23 Education District 8 Muscogee Tracts 2 through 5 Tract 6 Blocks 103 through 112 and 118 Blocks 203 through 218 Tract 15 Blocks 101, 102, 112, and 122 Blocks 201 through 203 Blocks 320 and 321 Tract 16 Block Groups 1 through 5 Blocks 601 through 603, 606, and 615 Tract 103.02 Block 214 Tract 104.01 Blocks 201 through 207 Those parts of Blocks 215, 225, and 228 which lie west of an unnamed creek which is the boundary line between Voting Precincts 18 and 20 Blocks 229 through 233 Block Groups 3 and 4 Tract 104.02 Blocks 904 through 914 Tract 110
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Education District 9 Muscogee Tracts 102.01, 102.02, and 103.01 Tract 103.02 Block Group 1 Blocks 201 through 210, 212, 213, 215, and 220 through 223 Block Group 9 Tract 104.01 Block Group 1 Blocks 208 through 210, 212, and 213 That part of Block 215 which lies east of an unnamed creek which is the boundary line between Voting Precincts 18 and 20 Blocks 216 through 218 and 220 through 224 That part of Block 225 which lies east of an unnamed creek which is the boundary line between Voting Precincts 18 and 20 Blocks 226 and 227 That part of Block 228 which lies east of an unnamed creek which is the boundary line between Voting Precincts 18 and 20 Block 236 Tract 104.02 Block Group 1 Blocks 201 and 202 (2) For the purpose of paragraph (1) of this subsection: (A) The term `Tract,' `Block Group,' and `Block' shall mean and 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 an education district refers to voting precincts, it means the voting
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precincts of Columbus, Georgia, as such precincts existed on January 1, 1987; and (C) Whenever the description of an education district refers to `Victory Drive' it means the street bearing that name lying within Muscogee County as shown on the census map for Muscogee County for the 1980 decennial census for the State of Georgia. (3) Any portion of the Muscogee County School District which is not included in any education district described in paragraph (1) of this subsection shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (e) The first members nominated and elected in nonpartisan primaries and elections from Education Districts 1, 3, 5, 7, and 9 shall be nominated and elected in 1988 and shall take office on the first day of January, 1989, to serve for initial terms of two years and until their respective successors are elected and qualified. The first members nominated and elected in nonpartisan primaries and elections from Education Districts 2, 4, 6, and 8 shall be nominated and elected in 1988 and shall take office on the first day of January, 1989, to serve for initial terms of four years and until their respective successors are elected and qualified. Successors to the first members of the board elected as provided in this subsection and future successors shall be nominated and elected at nonpartisan primaries and elections held immediately preceding the expiration of their respective terms of office and shall take office the first day of January immediately following that election for terms of four years each and until their respective successors are elected and qualified. (f) The nonpartisan primaries and elections provided for in subsection (e) of this section shall be held on the same dates as the general state-wide primary and election conducted in 1988 and, thereafter, on the same dates as the general state-wide primary and election conducted immediately prior to the expiration of the respective terms of office. Members of the board of education shall be nominated and
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elected at said nonpartisan primaries and elections under the same procedures which are applicable to the nonpartisan nomination and election of judges of state courts as provided in the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.' (g) (1) In the event of a vacancy in the office of a member 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 shall be held only in the education district in which the vacancy occurs. Any such special election shall be nonpartisan and no party affiliation of any candidate in any such special election shall be shown on the ballot. If the remaining term of office is less than six months, the remaining members of the board shall appoint a qualified resident of the education district in which the vacancy occurs to serve for the unexpired term. (2) The election superintendent of Muscogee County shall issue the call for a special election to fill a vacancy as required by this subsection. 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.' (h) Each member of the board shall be compensated in the amount of $300.00 per month plus reimbursement for actual and necessary expenses authorized by the board and incurred in the performance of the member's duties outside the county. Absence by a member of said board for three consecutive meetings shall be held to be a resignation from the board, but such absence may be excused by resolution adopted by a majority of the board. (i) Each member of the board upon assuming office shall take an oath to perform faithfully the duties of the member's office. (j) The board shall hold regular monthly meetings, except during June, July, and August of each year, on a date
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to be fixed by said board. The board may hold special meetings upon two days' written notice to its members. At all meetings a majority of the entire membership of said board shall constitute a quorum for the transaction of business. Section 2. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. (a) The members of the board shall, at their first meeting in January of each year, elect from their own membership a chairman and a vice chairman of said board to serve for a term of office of one year. The vice chairman shall serve in the absence of the chairman. The vice chairman shall become the chairman for the remainder of the term of office of the chairman if a vacancy occurs in the office of the member elected as chairman. A member of the board may be reelected as chairman or vice chairman. (b) It shall be the duty of the chairman to act as presiding officer at all meetings of the board, and the chairman shall be recognized as the ceremonial head of the Muscogee County Board of Education. The chairman shall have such administrative duties as authorized by the board. In addition, 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 any matter coming before the board. (c) (1) The board shall select in January of each year a secretary and a treasurer. If the secretary or treasurer is a person other than a member of the board, such person shall be paid such salary as the board deems proper. (2) It shall be the duty of the secretary to attend all regular and special meetings of the board, keep minutes of such meetings, be the custodian of all books and records of the board, keep and use the official seal of
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the board, and perform such other duties as may be required by the board. (3) The treasurer shall be the custodian of all funds of the school system and of the board. The treasurer shall be required to give bond, with corporate surety, in such form and in such amount, and with such surety company as security, as will, in the opinion of the board, protect, as fully as possible, funds and property of the board. (4) Each officer named in this subsection shall hold office at the will of the board, and the board shall be authorized to fill vacancies in said offices. The said board shall adopt an official seal, for use when necessary; the wording on said seal to read `Muscogee County School District (Georgia). Organized 1950'. Section 3. Said Act is further amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows: Section 15. (a) The Muscogee County Board of Education shall annually certify to the governing authority of the consolidated government of Columbus, Georgia, and Muscogee County, Georgia, hereafter referred to as the governing authority, the rate of the tax levy necessary for the support, maintenance, and operation of schools, libraries, and other operations and functions coming within the jurisdiction of the board and the Muscogee County School District, and after such certification has been made to said governing authority, the board of education, through its superintendent of education, shall notify the state revenue commissioner of the rate of the tax levy to be made on the taxable property in the county by the governing authority for said purposes. Such certification by the board of education to the governing authority shall be made in January of each year. The governing authority shall, at its first regular meeting after receiving such certification of the rate of tax, levy the tax so certified upon the assessed value of all taxable property in said county for the purposes so specified by the board of education. (b) The rate of tax to be levied in the manner and for the purposes above set forth in subsection (a) of this section
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shall be within the discretion of the board of education, subject to the limitation that the rate of the tax may not exceed 20 mills, unless such tax rate is increased or removed in the manner provided by subsection (c) of this section. The tax rate authorized by this section is for the support, maintenance, and operation of the Muscogee County School District, and the tax rate necessary to pay the bonded indebtedness of such school district shall be in addition to the tax rate authorized by this section. (c) (1) The mill limitation specified in subsection (b) of this section may be increased or removed by action of the board of education, but only after such action has been approved by a majority of the qualified voters of the Muscogee County School District voting on the question of the increase or removal of such limitation as provided in paragraph (2) of this subsection. (2) If the board of education wishes to initiate action to increase or remove the mill limitation, it shall request the election superintendent of Columbus, Georgia, to hold and conduct a special election for that purpose. After receiving such a request, it shall be the duty of the election superintendent to issue the call for the election. The superintendent shall set the date of the election for a date specified by the board of education, but the call for the election shall be issued at least 30 days prior to the date of the election. The board of education shall certify to the election superintendent the language which is to appear on the ballot at the election. Such language shall be in the form of a question which may, at the option of the board, either ask for approval of an increase in the mill limitation to a new specific mill limitation or ask for approval for the removal of the mill limitation. The election 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. It shall be the duty of the election superintendent of Columbus, Georgia, to hold and conduct a special election as provided in this subsection and to certify the result thereof to the board of education and to the Secretary of State. The board of education may specify that a special election authorized by this
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subsection shall be held on the same date as a general primary or general election. (d) It is contemplated that it is necessary that the annual tax provided for in this section should be levied in January of each year in order that the board of education may arrange its budget for that year and, if necessary, be able to secure temporary loans whose payment must be based on anticipated revenues for the year; but the provisions as to times of certification and levy are declared to be directory and not mandatory, and delay in such certification or levy shall not render a tax levied after such time invalid. (e) The tax levied for the support, maintenance, and operation of the Muscogee County School District as provided in this section shall constitute the appropriations by the governing authority for said purposes, and any amount levied for and appropriated to said school district and to the board of education and not expended during the year for which levied shall continue to be funds of said school district and board of education and shall not revert to any other purpose. Section 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Muscogee County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Muscogee County School District for approval or rejection. The election superintendent shall conduct that election on March 8, 1988, 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 Muscogee County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for a ninemember Board of Education of the Muscogee County School District who shall be elected from districts be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of
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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 5 of this Act. 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 Muscogee County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 5. If the referendum provided by Section 4 of this Act is conducted and if this Act is approved at said referendum, the provisions of this Act necessary for the election of members of the Muscogee County Board of Education in 1988 as provided in this Act shall be effective only for the purpose of said election upon the certification of the results of said referendum election, and this Act shall be effective for all purposes on January 1, 1989. Section 6. 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 1987 Session of the General Assembly of Georgia, a bill to amend an act creating the Muscogee County School District, approved February 25, 1949 (GA. L. 1949, p. 1086), as amended; and for other purposes. This 22 day of January, 1987. HONORABLE FLOYD HUDGINS SENATOR 15TH DISTRICT GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Floyd Hudgins, who, on
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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 which is the official organ of Muscogee County, on the following date: January 22, 1987. /s/ Floyd Hudgins Senator, 15th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 26, 1987. COBB JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENT. No. 336 (Senate Bill No. 233). 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 18, 1986 (Ga. L. 1986, p. 3949), 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:
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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 18, 1986 (Ga. L. 1986, p. 3949), 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 $19,118.00, 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act creating the Cobb County Judicial Circuit, approved February 19, 1961 (Ga. L. 1961, p. 184), as heretofore amended; and for other purposes. This 5th day of Jan., 1987. /s/ Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES
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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 9, 1987. /s/ Carl Harrison Senator, 37th District Sworn to and subscribed before me, this 30th day of January, 1987. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 Approved March 26, 1987. CITY OF MOUNT VERNON CORPORATE LIMITS. No. 337 (Senate Bill No. 250). AN ACT To amend an Act creating a new charter for the City of Mount Vernon in the County of Montgomery, approved August 18, 1919 (Ga. L. 1919, p. 1118), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2680), 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:
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Section 1. An Act creating a new charter for the City of Mount Vernon in the County of Montgomery, approved August 18, 1919 (Ga. L. 1919, p. 1118), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2680), is amended by adding between Section 2A and Section 3 a new Section 2B to read as follows: Section 2B. In addition to that territory presently embraced within the corporate limits of the City of Mount Vernon, such corporate limits shall include the following described territory: Begin at the Northeast corner where the present City limits of the City of Mount Vernon meets the northwest corner of the city limits of the City of Ailey, Georgia and run west in a straight line to the center line of Georgia State High No. 56 (also known as the Mt. Vernon-Soperton Rd.) at the South end of a concrete Bridge crossing Flat Creek; thence run due West a distance of 500 feet from said Center-line to a concrete marker; thence run in Southernly direction, and parallel with the said State Highway 56 Center line, to the present North boundary line of the City limit of Mount Vernon, Ga. 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 will introduce at the 1987 session of the General Assembly of Georgia a bill to amend the Charter of the City of Mount Vernon to extend the limits of the city in a Western and Northern direction and for other purposes. HUGH GILLIS, Senator, 20th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh M. Gillis, Sr., who, on oath, deposes and says that he is Senator from the 20th
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District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Montgomery Monitor which is the official organ of Montgomery County, on the following date: January 22, 1987. /s/ Hugh M. Gillis, Sr. Senator, 20th District Sworn to and subscribed before me, this 3rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 26, 1987. POWDER SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY MEMBERSHIP; TERMS; RESIDENCY; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 338 (Senate Bill No. 276). 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, as amended by Res. Act No. 118; S.R. 225; Ga. L. 1982, p. 2505); to provide for a change in the membership of the Powder Springs Downtown Development Authority; to provide for the terms of the members; to provide for certain residency requirements in the appointment of the members; to provide authority for this Act; to repeal conflicting laws; and for other purposes.
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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, as amended by Res. Act No. 118; S.R. 225; Ga. L. 1982, p. 2505) 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. Section 3. By the amendment to the Constitution ratified at the 1982 general election as set forth in Georgia Laws 1982, pages 2505 and 2506, the General Assembly was authorized by local law to modify, expand, or limit the powers of the Powder Springs Downtown Development Authority; to change the membership of the authority; to change the manner of operation of the authority; to modify, expand, or limit the power of taxation of the authority; and to provide for exemptions from taxation by the authority. Section 4 of this Act is pursuant to the authority of the 1982 amendment to the Constitution. Section 4. The five members of the Powder Springs Downtown Development Authority serving on the effective date of this Act shall serve out their respective terms in accordance with the provisions of this Act. The member appointed in January, 1983, shall serve until January, 1988. The member appointed in October, 1986, shall serve until October, 1988. The member appointed in March, 1986, shall serve until March, 1988. The two members appointed in January, 1987, shall serve until January, 1989. Two additional members shall be appointed by the mayor and council of the City of Powder Springs for a term of two years to begin July, 1987. Successors to the members of the authority shall serve for a term of two years. Members shall serve until their successors are duly appointed and qualified. Appointments made by the mayor and council shall ensure that at least four members of the authority are residents of the City of Powder Springs.
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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 1987 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 No. 161; S.R. 318; Ga. L. 1980 p. 2035, as amended by Res. Act No. 118; S.R. 225; Ga. L. 1982, p. 2505); and for other purposes. This 5th day of January, 1987. Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES 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 9, 1987.
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/s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 3rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 26, 1987. HALL COUNTY STATE COURT; TERMS. No. 339 (Senate Bill No. 277). AN ACT To amend an Act establishing the State Court of Hall County, approved August 14, 1891 (Ga. L. 1890-91, p. 939), as amended, so as to change the terms of said court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing the State Court of Hall County, approved August 14, 1891 (Ga. L. 1890-91, p. 939), as amended, is amended by striking Section 20 of said Act in its entirety and inserting in its place a new Section 20 to read as follows: Section 20. There shall be six terms of the State Court of Hall County each year, being the first Monday in May and November and the second Monday in January, March, July, and September.
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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 1987 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Hall County, approved August 14, 1891 (Ga. L. 1890-91, P. 939), as amended; and for other purposes. This 29th day of January, 1987. Deal-49th GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Nathan Deal, who, on oath, deposes and says that he is Senator from the 49th 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 30, 1987. /s/ J. Nathan Deal Senator, 49th District Sworn to and subscribed before me, this 5th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 26, 1987.
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COBB COUNTY PROBATE COURT; JUDGE AND CLERK; COMPENSATION. No. 340 (Senate Bill No. 279). 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, 1986 (Ga. L. 1986, p. 4065), 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, 1986 (Ga. L. 1986, p. 4065), 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 $55,285.00, to be paid in equal monthly installments from the funds of Cobb County. 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 $36,000.00 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.
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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 1987 session of the General Assembly of Georgia a bill to amend an Act relating to the compensation of the Clerk of the Superior Court, the Sheriff, the Judge of the Probate Court of Cobb County, and their employes, approved February 9, 1949 (Ga. L. 1949, p. 438), as amended; and for other purposes. This 5th day of Jan, 1987. /s/Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES 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 9, 1987.
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/s/ Jim Tolleson Senator, 32nd District Sworn to and subscribed before me, this 5th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 26, 1987. GILMER COUNTY SHERIFF; DEPUTIES AND PERSONNEL; EQUIPMENT; AUTOMOBILES. No. 341 (Senate Bill No. 296). AN ACT To amend an Act placing the sheriff of Gilmer County on a salary in lieu of fees, approved February 28, 1966 (Ga. L. 1966, p. 2480), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4342), so as to change the provisions relating to the sheriff's deputies; to provide for other personnel within the sheriff's office and their compensation; to change the provisions relating to equipment and supplies for the sheriff's office; to specify the minimum number of police equipped automobiles which shall be furnished for the sheriff's office; 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 placing the sheriff of Gilmer County on a salary in lieu of fees, approved February 28, 1966 (Ga. L.
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1966, p. 2480), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4342), is amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. (a) The sheriff shall be authorized to employ deputies and other personnel as follows: (1) One chief deputy whose compensation shall not exceed $18,000.00 per annum; (2) Not exceeding six additional deputies whose compensation for each shall not exceed $15,000.00 per annum; (3) Not exceeding four jailer-radio dispatchers whose compensation for each shall not exceed $12,000.00 per annum; and (4) One full-time secretary whose compensation shall not exceed $12,000.00 per annum. (b) The compensation of personnel provided for in subsection (a) of this section shall be fixed by the sheriff and shall be paid from the funds of Gilmer County in equal monthly installments or twice each month in equal installments at the discretion of the governing authority of Gilmer County. With the approval of the governing authority of Gilmer County, the maximum compensation specified for each classification of personnel provided for in subsection (a) of this section may be increased by the sheriff. (c) Upon the recommendation of the sheriff, the governing authority of Gilmer County may authorize the sheriff to employ personnel in addition to those provided by subsection (a) of this section, either on a part-time or full-time basis. Subject to the approval of the governing authority of Gilmer County, the sheriff shall fix the compensation of such additional personnel which shall be paid from the funds of Gilmer County. (d) It shall be within the sole power and authority of the sheriff during his term of office to designate and name the persons who shall be employed within the Gilmer County
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sheriff's office and to prescribe their duties and assignments and to remove or replace any such employee at will and within said officer's sole discretion. Section 2. Said Act is further amended by striking Section 6 in its entirety and substituting in lieu thereof a new Section 6 to read as follows: Section 6. (a) Subject to the requirements and limitations of subsections (b) and (c) of this section, the necessary operating expenses of the office of the sheriff of Gilmer County shall be paid from any funds of the county available for such purpose. All supplies, uniforms, materials, furnishings, furniture, utilities, motor vehicles, and other equipment and the repair, replacement, and maintenance thereof as may be reasonably required in discharging the official duties of the sheriff's office shall be furnished by the county and shall be paid from any funds of the county available for such purpose. (b) Gilmer County shall provide a minimum of six police equipped motor vehicles for the exclusive use of the sheriff's office. (c) The sheriff's deputies shall be responsible for furnishing their own handguns. Section 3. This Act shall become effective on July 1, 1987. 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 1987 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff of Gilmer County on a salary of lieu of fees, approved February 28, 1966 (Ga. L. 1966, p. 2480), as amended; and for other purposes. This 30th day of Jan., 1987. (s)HONORABLE MAX R. BRANNON Senator, 51st District
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Max Brannon, who, on oath, deposes and says that he is Senator from the 51st 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 5, 1987. /s/ Max Brannon Senator, 51st District Sworn to and subscribed before me, this 9th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 26, 1987. CITY OF KENNESAW CANDIDATES FOR CITY ELECTIONS; QUALIFICATIONS. No. 342 (Senate Bill No. 308). AN ACT To amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change certain provisions relating to qualification of candidates for city elections; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. An Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, is amended by striking Section 5.02 in its entirety and inserting in lieu thereof a new Section 5.02 to read as follows: Section 5.02. Qualification of Candidates. Any person desiring to become a candidate in any regular election shall file written notice of his candidacy with the municipal superintendent not less than twenty-two (22) days nor more than fifty-two (52) days, as provided by ordinance, prior to the date fixed for the holding of any such election. Written notice of candidacy for any special election shall be filed with said superintendent not less than fifteen (15) nor more than thirty (30) days, as provided by ordinance, prior to the date fixed for the holding of any such election. 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 1987 session of the General Assembly of Georgia, a bill to amend the charter of the City of Kennesaw, (Ga. L. 1960, p. 2506), as amended to create a new charter (Ga. L. 1971, p. 3620) as heretofore amended, and for other purposes. This 5th day of Jan., 1987. Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES
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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 9, 1987. /s/ Carl Harrison Senator, 37th District Sworn to and subscribed before me, this 30th day of January, 1987. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 Approved March 26, 1987. EVANS COUNTY BOARD OF EDUCATION; COMPOSITION; ELECTIONS; COMPENSATION; REFERENDUM. No. 343 (Senate Bill No. 303). AN ACT To provide for the composition of the Board of Education of Evans County and for the election of the members of said board; to provide for compensation and for filling vacancies; 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.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The heretofore existing Board of Education of Evans County shall stand abolished on the first Monday in January, 1989. Effective on that same date, the Board of Education of Evans County, hereafter referred to in this Act as `the board,' shall consist of five members and a chairman of the board who shall be elected as provided in this Act. Section 2. (a) For the purpose of electing the members of the board other than the chairman, the Evans County School District shall be divided into five education districts as follows: Education District 1 shall be composed of that area bounded by Georgia Highway 129 beginning at the point it intersects with Cedar Creek and running northeast on said creek until it intersects with the Canoochee River, thence running northeast on said river until it intersects with U. S. Highway 301 (Georgia Highway 73), thence running a southwesterly direction on U. S. Highway 301 to its intersection with N. River Street, thence running in a southerly direction on said street to its intersection with E. Main Street, Claxton (U. S. Highway 280), thence running westerly on said street to its intersection with Church Street, thence northerly on said street to its intersection with W. James Street, thence westerly on said street to its intersection with N. Ralph Street (Georgia Highway 129), thence northerly on said street (Highway) to its intersection with Cedar Creek, the point of beginning. Education District 2 shall be composed of that area bounded by Georgia Highway 129 beginning at the point it intersects with the north city limit of Claxton, thence running in a southerly direction on said highway (N. Ralph Street) to its intersection with W. James Street, thence easterly on said street to its intersection with Church Street, thence southerly on said street to its intersection with W. Main St., thence easterly on said street to its intersection with Marguerite Street, thence southerly on said street to its intersection with W. Liberty Street, thence westerly on said street to its intersection with Hendrix Street, thence southerly on said street to its intersection with the south city limit of
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Claxton, thence following said city limit westerly to its intersection with the East City limit of Hagan, then following said Claxton city limit on the west side of Claxton to the North city limit of Claxton, thence running easterly on said city limit to the point of beginning, and including all of the area included within the city limits of Hagan, as said city limits are defined in the 1980 Census Map, No. C4-178. Education District 3 shall be composed of that area bounded by the North city limit of Claxton beginning at the point it intersects with Georgia Highway 129 and running in a westerly direction on said city limit to its intersection with the city limit of Hagan, as said city limit is defined in the 1980 Census Map, No. C4-178, and following said city limit on the north, then west side of Hagan to its intersection with U. S. Highway 280 (Georgia Highway 30), thence westerly on said Highway to its intersection with Evans County Road 30, thence northwesterly on said road to its intersection with the East city limit of Bellville, thence following said city limit northerly then westerly to its intersection with Georgia Highway 169, thence northerly on said highway to its intersection with Evans County Road 28, thence northwesterly on said road to its intersections with Cedar Creek, thence westerly on said creek to its intersection with the county line, thence following said county line northerly, then easterly, then southerly to its intersection with the Canoochee River on the east side of the county, thence westerly on said river to its intersection with Cedar Creek, thence westerly on said creek to Georgia Highway 129, thence southeasterly on said highway to the point of beginning. Education District 4 shall be composed of that area bounded by the Canoochee River at the point it intersects U. S. Highway 301 (Georgia Highway 73), thence running in a southeasterly direction on said highway to its intersection with N. River Street, outside the city limit of Claxton, thence running southerly on said street across U. S. Highway 280, where said street becomes S. River Street, to its intersection with Georgia Highway 129, thence southerly on said highway to its intersection with the south city limit of Claxton, thence westerly on said city limit to its intersection with Evans County Road 59, thence southerly on said road to its intersection with U. S. Highway 301 (Georgia Highway
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73), thence southerly on said highway to its intersection with Evans County Road 58, thence easterly on said road to its intersection with Evans County Road 87, thence southeasterly on said road to its intersection with Georgia Highway 129, thence southeasterly on said highway to its intersection with Evans County Road 74, thence southerly on said road to its intersection with Georgia Highway 250, thence southwesterly on said highway to the county line, then following the county line easterly, then northeasterly, then northwesterly (along the Canoochee River) to the point the Canoochee River turns westerly and ceases to be the county line, thence westerly on said river to the point of beginning. Education District 5 shall be composed of all that area of the county not included in the other four education districts, being bounded in part by all of the other districts and consisting of the southwestern quadrant of the county, including the area within the corporate limits of Claxton which is not included within Education Districts 1, 2, and 4. (b) Where the boundary lines of the education districts described in subsection (a) of this section fall on streets, roads, highways, creeks, or rivers, such boundary lines shall follow the center line of such streets, roads, or highways or the center of the channel of such creeks or rivers, except: (1) When one side or one side of the right of way of the street, road, or highway or one side or one side of the bank of a creek or river coincides with the boundary line of Evans County, the boundary line of the education district shall coincide with the boundary line of Evans County; or (2) When streets, roads, highways, creeks, or rivers serve as boundary lines for militia districts, the boundary lines of the militia districts shall be the boundary lines of education districts when the boundary lines of such education districts run along the same streets, roads, highways, creeks, or rivers. Section 3. (a) All members of the board shall be registered electors entitled to vote for members of the General Assembly
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of Georgia and shall have resided within Evans County for at least one year immediately preceding the date of their election. (b) The chairman of the board may reside anywhere within the Evans County School District and shall be elected by a majority of the voters voting on an at-large basis. One member shall be elected from each of the five education districts provided for in Section 2 of this Act. In addition to the residency requirement of subsection (a) of this section, a member elected from an education district shall have been a resident of that district for at least six months immediately preceding the date of election and must remain a resident of such district during a term of office. If a member representing an education district ceases to be a resident of that district during a term of office, that member's position on the board shall thereby become vacant. A member representing an education district shall be elected by a majority of the voters voting within that education district. Except for the first members of the board elected at the special election provided for in subsection (a) of Section 4 of this Act, 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 4. (a) The first members of the board provided for in this Act shall be elected at a special election which shall be held on the same date as the general election of 1988. The three members elected from Education Districts 1, 2, and 4 shall be elected for terms of four years and until their successors are elected and qualified. The two members elected from Education Districts 3 and 5 and the chairman of the board shall be elected for initial terms of two years and until their successors are elected and qualified. All members shall take office on the first Monday in January immediately following their election. (b) Successors to the members elected under subsection (a) of this section and future successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first Monday in January immediately following their election for terms of four years and until their successors are elected and qualified. Section 5. (a) The chairman of the board shall preside at meetings of the board and shall carry out such additional duties
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as the board may delegate to the chairman. The chairman shall not vote on issues coming before the board except to break a tie. (b) The chairman of the board shall be compensated in the amount of $200.00 per month and each member of the board other than the chairman shall be compensated in the amount of $100.00 per month. The chairman and each member shall also be reimbursed for actual expenses necessarily incurred in connection with the performance of their duties. Such compensation and expenses shall be paid from the funds of the Evans County School District. Section 6. Any vacancy which occurs on the board for any reason shall be filled in the manner provided by Code Section 20-2-54.1 of the O.C.G.A. Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Evans County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Evans County School District for approval or rejection. The election superintendent shall conduct that election on the same date that the general primary is held in 1988 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 Evans County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the composition of the Board of Education of Evans County and for the election of the members of said board? 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 8 of this Act. If the Act is not so approved or if the election is not conducted as
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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 Evans County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 8. If this Act is approved at the referendum provided for in Section 7 of this Act, the provisions of this Act necessary for the election of members of the Board of Education of Evans County in 1988 as provided in this Act shall be effective upon the certification of the results of said referendum. This Act shall be effective for all purposes on the first Monday in January, 1989. Section 9. If this Act is approved at the referendum provided for in Section 7 of this Act, an Act fixing the compensation of members of the Board of Education of Evans County and providing for reimbursement of actual expenses, approved March 18, 1986 (Ga. L. 1986, p. 4051) shall stand repealed in its entirety on the first Monday in January, 1989. Section 10. All laws and parts of laws in conflict with this Act are repealed. Notice of Intent To Introduce Local Legislation There will be introduced at the 1987 session of the Georgia General Assembly, a bill calling for a referendum as to changing the method of selecting the Evans County Board of Education. Joseph E. Kennedy, Senator Fourth Senatorial District 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
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Local Legislation was published in the Enterprise which is the official organ of Evans County, on the following date: February 5, 1987. /s/ Joseph E. Kennedy Senator, 4th District Sworn to and subscribed before me, this 9th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 26, 1987. CITY OF ATLANTA URBAN ENTERPRISE ZONES; CREATION. No. 344 (Senate Bill No. 319). 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), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5346), so as to provide that urban enterprise zones for commercial and industrial purposes may be created in census tracts in which the percentage of total jobs lost for certain five-year periods was at least double the percentage of jobs lost during such period for Fulton County as a whole; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. An Act providing for urban enterprise zones in the City of Atlanta, approved March 16, 1983 (Ga. L. 1983, p. 4097), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5346), is amended by striking in its entirety subsection (a) of Section 5 and inserting in its place a new subsection (a) to read as follows: (a) A zone for commercial and industrial purposes may only be created in an area of the city composed of census tracts as defined in the United States decennial census of 1980, in each of which: (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; (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; or (3) The percentage of total jobs lost in that census tract for a specified consecutive five-year period was at least double the percentage of total jobs lost for such period for Fulton County as a whole. 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 1987 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), as amended by an Act approved March 28, 1986 (Ga. L. 1986, P.5346); and for other purposes.
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This 3rd day of February, 1987. W. M. ALEXANDER Legislative Coordinator City of Atlanta GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur Langford, Jr., who, on oath, deposes and says that he is Senator from the 35th 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 3, 1987. /s/ Arthur Langford, Jr. Senator, 35th District Sworn to and subscribed before me, this 11th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 26, 1987.
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SCHLEY COUNTY BOARD OF EDUCATION; ELECTIONS; DISTRICTS; VACANCIES; QUALIFICATIONS. No. 345 (Senate Bill No. 328). AN ACT To amend an Act providing for the board of education for the Schley County School District, approved March 4, 1977 (Ga. L. 1977, p. 2955), so as to provide for the election of the members of the board of education for the Schley County School District; to describe the districts; to provide for filling vacancies; to provide for qualifications; 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 the board of education for the Schley County School District, approved March 4, 1977 (Ga. L. 1977, p. 2955), is amended by striking Section 1 through Section 4 of said Act and inserting in lieu thereof the following: Section 1. (a) For the purpose of electing the members of the board of education for the Schley County School District, Schley County shall be divided into five education districts as follows: Education District No. 1 The northwest quadrant of Schley County which is bounded as follows: North by the Schley County line; East by the centerline of U.S. Highway 19 to a point where such highway intersects Railroad Street, then South by the centerline of Railroad Street to a point where such street intersects Buena Vista Street, then West by the centerline of Buena Vista Street to a point where such street intersects Maple Drive, then South and East by the centerline of Maple Street to a point where such street intersects Railroad Street, then by the centerline of
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Railroad Street; South by the centerline of State Route 26; and West by the Schley County line. Education District No. 2 The northeast quadrant of Schley County which is bounded as follows: North by the Schley County line; East by the Schley County line; South by the centerline of State Route 26; and West by the centerline of Railroad Street to a point where such street intersects Maple Street, then West and North by the centerline of Maple Street to a point where such street intersects Buena Vista Street, then East by the centerline of Buena Vista Street to a point where such street intersects Railroad Street, then North by the centerline of Railroad Street to a point where such street intersects U.S. Highway 19, then by the centerline of U.S. Highway 19. Education District No. 3 The southeast quadrant of Schley County which is bounded as follows: North by the centerline of State Route 26; East by the Schley County line; South by the Schley County line; and West by the centerline of U.S. Highway 19. Education District No. 4 The southwest quadrant of Schley County which is bounded as follows: North by the centerline of State Route 26; East by the centerline of U.S. Highway 19; South by the Schley County line; and West by the Schley County line. Education District No. 5 The entire geographic area of Schley County.
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(b) There shall be elected one member of the board of education from each education district described in subsection (a) of this section. Each member shall be elected by a majority of the qualified electors voting within each respective education district. In order to be eligible for election as a member, a candidate for such office must, at the time such candidate qualifies to seek election, reside within the education district for which such candidate is seeking election. (c) The first members of the board of education elected to represent the education districts provided for in subsection (a) of this section shall be elected as provided in this section. At the primary and general elections held in 1988, members shall be elected to represent Education Districts 2, 3, and 5. Members elected in 1988 shall take office on the first business day of January, 1989, for terms of four years and until their successors are elected and qualified. At the primary and general elections held in 1990, members shall be elected to represent Education Districts 1 and 4. Members elected in 1990 shall take office on the first business day of January, 1991, for terms of four years and until their successors are elected and qualified. Successors to the first members elected under this section and future successors shall be elected at the general election immediately 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 2. Should a vacancy occur in the office of any member thus elected, a successor shall be appointed by the judge of the superior court for the unexpired term. Section 3. No person shall be eligible to hold office as a member of the county board of education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system, and who is not a voter qualified to vote for the members of the General Assembly. No publisher of school books or any agent for such publisher or any person who shall have a pecuniary interest in
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the sale of school books shall be eligible for election as a member of the county board of education; and in said election, only the qualified voters of the county residing in that part of the county where the schools are under the jurisdiction and control of the county school superintendent shall be eligible to vote. Section 4. Each member of the board of education of the Schley County School District on July 1, 1987, shall remain in office until the expiration of the term of office to which he was elected and until his successor is elected and qualified as provided in this Act. 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 1987 session of the General Assembly of Georgia a bill to amend an act providing for the Board of Education for the Schley County School District approved March 4, 1977 (Georgia laws 1977, page 2955) and for other purposes. This 6th day of February, 1987. L. H. MCKENZIE, JR. SENATOR 14th Senatorial District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lewis H. McKenzie, who, 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: February 12, 1987. /s/ Lewis H. McKenzie Senator, 14th District
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Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 26, 1987. DODGE COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; ELECTION; TERMS; VACANCIES. No. 346 (Senate Bill No. 353). AN ACT To amend an Act to make provisions for the Magistrate Court of Dodge County, approved March 14, 1984 (Ga. L. 1984, p. 4196), so as to change the method of selection of the chief magistrate; to provide for the election of the chief magistrate; to provide for terms of office; to provide for vacancies; to provide for the chief magistrate in office on July 1, 1987; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to make provisions for the Magistrate Court of Dodge County, approved March 14, 1984 (Ga. L. 1984, p. 4196), is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows: Section 1. (a) The chief magistrate of the Magistrate Court of Dodge County shall be elected by the voters of the county at the general election next preceding the expiration of the incumbent chief magistrate, in a partisan election in the same manner as county officers are elected, as provided for by general law.
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(b) The chief magistrate shall be elected at the general election in 1988, and quadrennially thereafter, for a term of four years and until his successor is elected and qualified and shall take office on the first day of January following his election. (c) The chief magistrate in office on July 1, 1987, shall continue to serve the remainder of the term to which he was appointed and until his successor is elected and qualified as provided for in this section. (d) A vacancy in the office of chief magistrate shall be filled by an appointment by the chief judge of the Superior Court of Dodge County for the remainder of the unexpired term. 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 1987 regular session of the General Assembly of GA. a bill to ammend an Act making provisions for the Magistrate Court of Dodge Co. and providing for the appointment of the Chief Magistrate, approved March 14, 1984. (Georgia Laws 1984, p. 4196) So as to provide for the election of the Chief Magistrate and for other purposes. WALTER S. RAY 19th Senatorial Dist. TERRY L. COLEMAN 118th Dist. Cong. Sponsors of the Legislation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter S. Ray, who, on oath, deposes and says that he is Senator from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times Journal Spotlight
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which is the official organ of Dodge County, on the following date: February 12, 1987. /s/ Walter S. Ray Senator, 19th District Sworn to and subscribed before me, this 17th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 26, 1987. COBB COUNTY STATE COURT; SECOND DIVISION; JUDGES; COMPENSATION; TRIAL JUDGES AND SOLICITORS RETIREMENT FUND; EMPLOYEE CONTRIBUTIONS. No. 347 (Senate Bill No. 384). 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 14, 1984 (Ga. L. 1984, p. 4256), so as to change the amount of compensation of the judges of the second division of the State Court of Cobb County; to authorize the governing authority to pay employee contributions to the Trial Judges and Solicitors Retirement Fund on behalf of the judges of the second division of the State Court of Cobb County; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 4256), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4256), is amended by striking Section 2-3 which reads as follows: Section 2-3. Each associate judge shall receive an annual salary of $40,000.00 to be paid in equal monthly installments from funds of Cobb County. The associate judges are designated as full-time judges and may not engage in the private practice of law., and inserting in its place a new Section 2-3 to read as follows: Section 2-3. (a) Each associate judge shall receive an annual salary of $48,000.00 to be paid in equal monthly installments from funds of Cobb County. The associate judges are designated as full-time judges and may not engage in private practice of law. (b) The governing authority of Cobb County is authorized to pay to the Trial Judges and Solicitors Retirement Fund, on behalf of the associate judges, any employee contributions required for the associate judges' participation in said retirement fund. Any employee contributions so paid by the governing authority of Cobb County shall be in addition to any other compensation to which the associate judges are entitled. 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 1987 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.
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This 5th day of Jan., 1987. Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES 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 9, 1987. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 25th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 26, 1987.
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CHATHAM COUNTY REDEVELOPMENT POWERS; REFERENDUM. No. 348 (Senate Bill No. 387). AN ACT To authorize Chatham 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 repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chatham 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. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Chatham County shall call and conduct an election for the purpose of submitting this Act to the electors of Chatham County 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 Chatham County. The ballot shall have written or printed thereon the words:
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() YES () NO Shall the Act be approved which authorizes Chatham 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? 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 Chatham 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. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, Gene Stewart, to me known, who being sworn, deposes and says: That he is the Assistant Gen. Manager 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 Feb. 20, 1987, and finds that the following Advertisement, to-wit:
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia, a bill to be entitled Act to authorize the Board of Commissioners of Chatham County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties, pursuant to the Redevelopment Powers Law, Chapter 44, Title 36 of the Official Code of Georgia Annotated, as now or hereafter amended, and provide for certain such powers; to provide for a referendum; to provide for effective dates; to appeal conflicting laws; and for other purposes. This 18th day of February, 1987. Ike Aiken, Chairman Savannah Port Authority Arnold Tenenbaum, Chairman Chamber of Commerce appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me, this 20 day of Feb., 1987. /s/ Diane M. Strickland Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 Approved March 26, 1987.
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TOWNS COUNTY COMMISSIONER; COMPENSATION. No. 349 (Senate Bill No. 389). AN ACT To amend an Act creating the office of commissioner of Towns County as the governing authority of said county, approved March 14, 1984 (Ga. L. 1984, p. 4130), so as to change the compensation 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 commissioner of Towns County as the governing authority of said county, approved March 14, 1984 (Ga. L. 1984, p. 4130), is amended by striking subsection (a) of Section 6 and inserting in its place a new subsection (a) to read as follows: (a) The commissioner shall be compensated in the amount of $26,000.00 per annum, which shall be paid in equal monthly installments from the funds of Towns 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 1987 session of the General Assembly of Georgia a bill relative to the compensation of the Commissioner of Towns County; and for other purposes. This 4th day of February, 1987. Ralph Twiggs
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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: February 26, 1987. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 26, 1987. CHATHAM COUNTY MAGISTRATE COURT; APPOINTMENT OF ADDITIONAL MAGISTRATES. No. 350 (House Bill No. 79). 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, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5527), so as to change certain procedures relative to the appointment of additional magistrates; to provide for related matters; to repeal conflicting laws; and for other purposes.
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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, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5527), is amended by striking subsection (c) of Section 3 and inserting in lieu thereof a new subsection (c) to read as follows: (c) Additional magistrates may be appointed by the chief magistrate. Such appointments must be confirmed by a majority vote of the judges of the superior court in Chatham County; however, if a confirmation vote is not taken by such judges within seven days of the day the name of an appointee is submitted to such judges, then such appointment shall be final without such confirmation. The chief judge of the superior court shall conduct such confirmation vote. In all other ways such appointments shall be made in accordance with the provisions of 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 of the O.C.G.A. 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 ASSISTANT GENERAL MANAGER 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;
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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. 12, 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 1987 session of the General Assembly of Georgia a bill 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, and for other purposes. This 8th day of December, 1986. Roy L. Allen House Dist. 127 appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before, me this 17 day of Dec., 1986. /s/ Diane M. Strickland Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 Approved March 26, 1987.
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CITY OF MARIETTA CORPORATE LIMITS; DEANNEXATION. No. 351 (House Bill No. 171). 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 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, is amended by adding a new subsection (g) at the end of Section 1.4 of said Act to read as follows: (g) Any other provision of this Section to the contrary notwithstanding, the following described property is deannexed and excluded from the corporate limits of the City of Marietta: All that tract or parcel of land lying and being in Land Lot 260 of the 19th District, 2nd Section of Cobb County, Georgia and is more particularly shown in a plat prepared by A. O. Carlile, Surveyor, dated April 20, 1978 and according to which plat said property is more particularly described as follows: FROM the common intersection of Land Lots 8 and 9 of the 17th District, 2nd Section and Land Lots 260 and 333 of the 19th District, 2nd Section, Cobb County, Georgia, running southwesterly 170.5 feet to a point, thence running north westerly 190.0 feet to a point, thence running north easterly 30.7 feet to the point of beginning. And from thence running northwesterly 350.0 feet to a point and corner, running thence northeasterly 311.0 feet to a point and corner, thence southwesterly 350.0 feet to iron pin and point of beginning.
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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 in the regular 1987 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 5th day of Jan., 1987. Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES 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 9, 1987. /s/ Terry D. Lawler Representative, 20th District
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Sworn to and subscribed before me, this 13th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 26, 1987. CITY OF DUBLIN CORPORATE LIMITS. No. 352 (House Bill No. 349). AN ACT To amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, 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 Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, is amended by striking in its entirety the introductory language of subsection (c) of Section 1.2 and inserting in its place new introductory language of subsection (c) to read as follows: (c) The corporate limits of the City of Dublin shall not contain the following described tracts of land:. Section 2. Said Act is further amended by adding at the end of subsection (c) of Section 1.2 a new paragraph, to be designated paragraph (3), to read as follows:
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(3) All that certain tract or parcel of land lying and being in Land Lot 92 in the First Land District of Laurens County, Georgia, known as Section 2 of Pecan Grove Subdivision, consisting of Lots 41 through 54, as particularly shown on a plat of survey by Daniel R. Riggs, Land Surveyor, dated September 16, 1977, and recorded in Deed Book 362, page 797, in the Office of the Clerk of Laurens Superior Court. The recorded plat and the description contained therein are incorporated into and made a part of this description by reference. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION The City of Dublin is proposing that Section 2 of Pecan Grove Subdivision located in Land Lot 92 of the First Land District of Laurens County, Georgia, consisting of Lots 41 through 54, be excluded (de-annexed) from the corporate boundaries of the city of Dublin. Notice is hereby given that legislation will be introduced at the regular 1987 session of the General Assembly of Georgia to amend the Charter of the City of Dublin to exclude said property from the corporate limits. Jones, Jones Hilburn Attorneys at Law Post Office Drawer 218 Dublin, Ga. 31040 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: January 10, 1987. /s/ DuBose Porter Representative, 119th District
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Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 26, 1987. CITY OF DECATUR CORPORATE LIMITS. No. 353 (House Bill No. 373). AN ACT To amend an Act creating and establishing a new charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, so as to change the corporate limits of the City of Decatur; 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 and establishing a new charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, is amended by adding at the end thereof a new Section 1A to read as follows: Section 1A. The corporate limits of the City of Decatur shall not include the following described property: All that tract and parcel of land lying and being in Land Lot 51 of the 18th District of DeKalb County, Georgia, and being more particularly described as follows: BEGINNING on the existing Decatur City limit line at a point two hundred (200) feet north of North Decatur
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Road as measured along the west line of the R. B. Speights subdivision and three hundred seven (307) feet west of the east line of Land Lot 51; thence running south along said west line of the R. B. Speights subdivision and along the existing Decatur City limit line a distance of thirty (30) feet; thence running easterly 210 feet, more or less, to a point on the western right-of-way of Superior Avenue thirty-three (33) feet south of the existing Decatur City limit as measured along said western right-of-way of Superior Avenue; thence north along the western right-of-way of Superior Avenue to a point where the western right-of-way of Superior Avenue intersects the existing Decatur City limit; and thence westerly along the existing Decatur City limits to 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 INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1987 session of the General Assembly of Georgia a bill to amend an Act establishing a new charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, so as to change the corporate limits thereof; and for other purposes. This 18th day of December, 1986. Honorable Eleanor Richardson Representative District 52 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
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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 LegislationOGA. L. 1909, Pg. 757, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 25th day of December, 1986. /s/ Gerald W. Crane Co-Publisher (by) /s/ Linda L. Orr Agent Sworn to and subscribed before me, this 25th day of December, 1986. /s/ Janet K. Simpson Notary Public My Commission expires June 4, 1990 (SEAL) Approved March 26, 1987. COBB COUNTY STATE COURT; JUDGES; COMPENSATION. No. 354 (House Bill No. 643). 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 25, 1986 (Ga. L. 1986, p. 4700), 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.
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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 25, 1986 (Ga. L. 1986, p. 4700), is amended by striking from Section 23 the following: The salary of the judges of the State Court of Cobb County shall be $58,976.00 per annum., and inserting in lieu thereof the following: The salary of the judges of the State Court of Cobb County shall be $64,864.00 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 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, p. 3211), as amended; and for other purposes. This 5th day of Jan, 1987. /s/Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER
4816
STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES 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 9, 1987. /s/ Steve Thompson Representative, 20th District Sworn to and subscribed before me, this 4th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 26, 1987.
4817
DEKALB COUNTY FORM OF GOVERNMENT; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 356 (Senate Bill No. 165). 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 law for the form of government of DeKalb County and to provide for the various officers, bodies, branches, departments, or agencies by and through which the county's governmental powers shall be exercised and to require that certain legislation adopted pursuant to such authority shall be conditioned for its effectiveness on approval of the voters of DeKalb County (Res. Act No. 125; S.R. 323; Ga. L. 1978, p. 2370); 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 law for the form of government of DeKalb County and to provide for the various officers, bodies, branches, departments, or agencies by and through which the county's governmental powers shall be exercised and to require that certain legislation adopted pursuant to such authority shall be conditioned for its effectiveness on approval of the voters of DeKalb County (Res. Act No. 125; S.R. 323; Ga. L. 1978, p. 2370) 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.
4818
NOTICE OF INTENT TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that legislation will be introduced during the 1987 Session of the General Assembly pertaining to the form of government of DeKalb County, proposing an amendment to the Constitution of Georgia providing for various offices, departments and agencies through which governmental process shall be exercised and requiring the effectiveness of any law enacted pursuant to the amendment to be conditioned on the approval of the majority of the voters voting in a referendum if such law affects the structure of DeKalb County government in certain ways. (See 1978 Ga. Laws 2370). Manuel J. Maloof Chief Executive Officer DeKalb County 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-GA. Law '78-#-2370, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 1st day of January, 1987. /s/ Gerald W. Crane Co-Publisher (by) /s/ Linda L. Orr Agent Sworn to and subscribed before me this 2nd day of January, 1987 /s/ Janet K. Simpson Notary Public My commission expires June 4, 1990 (Seal) Approved March 30, 1987.
4819
PUTNAM COUNTY BOARD OF COMMISSIONERS; MILEAGE ALLOWANCE. No. 357 (Senate Bill No. 244). AN ACT To amend an Act creating the Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended, particularly by an Act approved February 13, 1957 (Ga. L. 1957, p. 2130), and an Act approved April 11, 1979 (Ga. L. 1979, p. 3496), so as to change the provisions relating to the mileage allowance for members 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 Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended, particularly by an Act approved February 13, 1957 (Ga. L. 1957, p. 2130), and an Act approved April 11, 1979 (Ga. L. 1979, p. 3496), is amended by striking in its entirety the first unnumbered paragraph of the 1957 amendatory Act and inserting in lieu thereof a new paragraph to read as follows: Be it further enacted by the authority aforesaid, that the chairman of the Board of Commissioners of Putnam County shall receive a salary of $600.00 per month, during his term of office and until his successor is elected and qualified; and the other members of said Board shall receive a salary of $500.00 per month, during their terms of office and until their successors are elected and qualified. They shall receive no other compensation or per diem, except that the chairman and members of said Board shall receive $25.00 per diem subsistence for each day each is required by the duties of his office to be out of Putnam County on official business for the county by approval of a majority of the members of said Board; and in addition thereto, each member furnishing transportation out of the county on such official business shall receive 21 cents per mile traveled. The salaries
4820
and compensation herein provided shall be paid out of general funds in the treasury of said county. Said salaries and compensation shall be in lieu of any other salary, per diem or compensation which may have been fixed by any legislation prior to the passage of this 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 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended; and for other purposes. This 14 day of Jan., 1987. Honorable Culver Kidd Senator, 25th District STATE OF GEORGIA COUNTY OF PUTNAM AFFIDAVIT OF PUBLISHER Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said State and County, Putnam, who, having been duly sworn, deposes and says on oath that he is Publisher of The Eatonton Messenger, that, as such, he is authorized to make this affidavit, and that the attached notice was published in The Eatonton Messenger, a local newspaper of general circulation in Putnam County, Georgia, on 1-29-87. This 29 day of January, 1984. /s/ Battle Smith PUBLISHER
4821
Sworn to and subscribed before me this 29 day of January, 1987. /s/ Sloan Gregory Notary Public, Georgia, State at Large My Commission Expires Jan. 16, 1988 Approved March 30, 1987. MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY MEMBERS; COMPENSATION; EXPENSES. No. 358 (Senate Bill No. 251). AN ACT To amend an Act known as the Macon-Bibb County Water and Sewerage Authority Act, approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved April 11, 1973 (Ga. L. 1973, p. 2603), and an Act approved March 26, 1980 (Ga. L. 1980, p. 4004), so as to change the amount and basis of salary compensation for the elected members of the authority; to provide that each elected member of the authority shall receive a salary of $5,400.00 per annum, payable monthly, commencing July 1, 1987; to provide that in addition to such salary, all members of the authority may be reimbursed for the actual expenses necessarily incurred by such members in the performance of their duties; 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 Macon-Bibb County Water and Sewerage Authority Act, approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved April 11, 1973 (Ga. L. 1973, p. 2603), and an Act approved March
4822
26, 1980 (Ga. L. 1980, p. 4004), is amended by striking subsection (h) of Section 2, which reads as follows: (h) Each elected member of the Authority shall receive a salary to be fixed by the Authority, payable in monthly installments, not to exceed $4,200.00 per annum. In addition, the members of the Authority may be reimbursed for the actual expenses necessarily incurred in the performance of their duties., in its entirety and substituting in lieu thereof a new subsection (h) to read as follows: (h) The salary compensation for each elected member of the authority shall be $5,400.00 per annum, payable monthly at the rate of $450.00. All members of the authority, elected and appointed, may be reimbursed for the actual expenses necessarily incurred by them in the performance of their duties. Section 2. This Act shall become effective on July 1, 1987, and the salary compensation provided for the elected members of the authority shall commence as of July 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO ENACT LOCAL LEGISLATION Pursuant to the provisions of Section 28-1-14 of the Official Code of Georgia, notice is hereby given that application will be made to the 1987 Session of the General Assembly of the State of Georgia to amend an Act entitled Macon-Bibb County Water and Sewerage Authority Act Amended appearing in Georgia Laws 1980 at pages 4004, et seq., as amended. The purpose of said legislation will be to amend the aforesaid Act, as amended, so as to provide for the compensation of the elected members thereof, which now provides for a salary to be fixed by the Authority payable in monthly installments, not to exceed $4,200.00 per annum, in addition to reimbursement for the actual expenses necessarily incurred in the performance of their duties, be changed so that commencing with January 1, 1987 the salary to each elected member of the Authority shall be $5,400.00 per
4823
annum, payable at the rate of $450.00 per month. The proposed Act shall further provide that in addition to such salary, all of the members of the Authority may be reimbursed for their actual expenses necessarily incurred in the performance of their duties. This 22nd day of December, 1986. s/Wallace Miller, Jr. Attorney for Macon-Bibb County Water and Sewerage Authority STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JIM HUNTSINGER, 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: 12/17 SIGNED Jim Huntsinger SWORN TO AND SUBSCRIBED BEFORE ME THIS 27 DAY OF DECEMBER, 1986 /s/ Pamela S. McQueen NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES SEPT. 4, 1990 Approved March 30, 1987.
4824
MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY EXECUTIONS ON ORDERS ASSESSING A CIVIL PENALTY; LIENS. No. 359 (Senate Bill No. 252). AN ACT To amend an Act known as the Macon-Bibb County Water and Sewerage Authority Act, approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved April 11, 1973 (Ga. L. 1973, p. 2603) and an Act approved February 24, 1983 (Ga. L. 1983, p. 3509), so as to provide that the authority shall have the power to issue executions on orders assessing a civil penalty; to provide that such executions shall be a lien upon and against the land and other properties of the assessed party; to provide for other matters relative to the foregoing; 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 Macon-Bibb County Water and Sewerage Authority Act, approved March 2, 1966 Ga. L. 1966, p. 2737), as amended, particularly by an Act approved April 11, 1973 (Ga. L. 1973, p. 2603) and an Act approved February 24, 1983 (Ga. L. 1983, p. 3509), is amended by adding a new paragraph at the end of Section 4.5(g) of said amendatory Act, approved February 24, 1983 (Ga. L. 1983, p. 3509), the following: Upon the issuance of any order assessing a civil penalty, as foresaid, and after the expiration of 30 days follwing the date of any such order, with no appeal taken as provided in Code Section 50-13-19 of the O.C.G.A., the authority, through and by its general manager (or such other employee as the authority designates) shall have the right and power to issue executions on any such order assessing a civil penalty, and in the amount thereof, which execution shall be a lien upon and against the land and other properties of the assessed party which lien shall be of equal priority, rank, and
4825
dignity and having the same attributes, rights, and powers as to collection and foreclosure thereof as an execution for unpaid ad valorem taxes of the State of Georgia or the County of Bibb. 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 ENACT LEGISLATION Pursuant to the provisions of Section 28-1-14 of The Official Code of Georgia, notice is hereby given that application will be made to the 1987 Session of the General Assembly of the State of Georgia to amend an Act entitled Macon-Bibb County Water and Sewerage Authority Act Amended (Ga. laws 1983, page 3509, et seq.). The purpose of said proposed legislation will be to amend Section 4.5 (g) of said Act so as to provide upon the issuance of any order assessing a civil penalty for violation of said Act, as set forth therein, and after the expiration of thirty days following the date of such order, no appeal is taken as provided in said Act, the Authority, through its General Manager (or such other employee as the Authority designates) shall have the right and power to issue executions in such order assessing a civil penalty, and in the amount thereof, which execution shall be a lien upon and against the land and other properties of the assessed party which lien shall be of equal priority, rank and dignity and having the same attributes, rights and powers as to collection and foreclosure thereof as in execution for unpaid State of Georgia and County of Bibb ad valorem taxes. This 22nd day of December, 1986. s/Wallace Miller, Jr. Attorney for Macon-Bibb County Water and Sewerage Authority STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JIM
4826
HUNTSINGER, 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: 12/27 SIGNED Jim Huntsinger SWORN TO AND SUBSCRIBED BEFORE ME THIS 27 DAY OF DECEMBER, 1986 /s/ Pamela S. McQueen NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES SEPT. 4, 1990 Approved March 30, 1987. COBB COUNTY STATE COURT; SOLICITOR; CHIEF ASSISTANT SOLICITOR; ASSISTANT SOLICITORS; COMPENSATION. No. 360 (Senate Bill No. 280). 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 28, 1986 (Ga. L. 1986, p. 5065), so as 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:
4827
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 28, 1986 (Ga. L. 1986, p. 5065), 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 $51,810.00 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 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 $16,275.00 nor more than $35,000.00 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 $16,275.00 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.
4828
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 1987 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 5th day of Jan., 1987. Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES 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 9, 1987.
4829
/s/ Jim Tolleson Senator, 32nd District Sworn to and subscribed before me, this 5th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 30, 1987. PIKE COUNTY AD VALOREM TAX RETURNS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 361 (Senate Bill No. 380). 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 Pike County to require that returns for ad valorem taxation in the county be made to the county board of tax assessors (Res. Act No. 142; H.R. 550-1580; Ga. L. 1978, p. 2405); 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 Pike County to require that returns for ad valorem taxation in the county be made to the county board of tax assessors (Res. Act No. 142; H.R. 550-1580; Ga. L. 1978, p. 2405) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically
4830
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 1987 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 Pike County to require returns for ad valorem taxation in the county be made to the county board of tax assessors [Res. Act. No. 142; HR 550-1580; Ga. L. 1978, p. 2405]; and for other purposes. This 17th day of February, 1987. /s/ Anne Sawyer as Secretary to the Board of Commissioners of Pike County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur B. Edge IV, 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 Reporter which is the official organ of Pike County, on the following date: February 18, 1987. /s/ Arthur B. Edge IV Senator, 28th District
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Sworn to and subscribed before me, this 24th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 30, 1987. TAYLOR COUNTY BOARD OF COMMISSIONERS; COMMISSIONER DISTRICTS. No. 362 (Senate Bill No. 297). AN ACT To amend an Act providing for the board of commissioners of Taylor County, approved March 1, 1933 (Ga. L. 1933, p. 672), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 5008), so as to change the description of certain commissioner 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 commissioners of Taylor County, approved March 1, 1933 (Ga. L. 1933, p. 672), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 5008), is amended by striking the descriptions of Commissioner District No. 2 and Commissioner District No. 3 from Section 1 thereof and inserting in lieu thereof the following: Commissioner District No. 2 Commencing at the point where the Central of Georgia Railroad intersects with the Flint River on the east side of
4832
Taylor County and running thence west along the Central of Georgia Railroad to the intersection of the Central of Georgia Railroad with the west City Limits of the City of Reynolds; thence north along the west City Limits of the City of Reynolds to the northwest corner of the City Limits of the City of Reynolds; thence east along the north City Limits of the City of Reynolds to the intersection of the north City Limits of Reynolds with the centerline of Georgia State Highway No. 128; thence north along the centerline of Georgia State Highway No. 128 to the intersection of the centerline of Georgia State Highway No. 128 and the centerline of Georgia State Highway No. 263; thence west along the centerline of Georgia State Highway No. 263 to the intersection of the centerline of Georgia State Highway No. 263 and the centerline of County Road No. 128; thence west along the centerline of County Road No. 128 to the intersection of the centerline of County Road No. 128 with Patsiliga Creek; thence north along Patsiliga Creek to the intersection of the centerline of Patsiliga Creek and County Road No. 124; thence west along the centerline of County Road No. 124 to the intersection of the centerline of County Road No. 124 and the centerline of Georgia State Highway No. 137; thence south along the centerline of Georgia State Highway No. 137 to the intersection of the centerline of Georgia State Highway No. 137 and the centerline of County Road No. 117; thence west and north along the centerline of County Road No. 117 to the intersection of the centerline of County Road No. 117 and the centerline of County Road No. 254; thence west along the centerline of County Road No. 254 to the intersection of the centerline of County Road No. 254 and the centerline of County Road No. 116; thence west along the centerline of County Road No. 116 to the intersection of the centerline of County Road No. 116 and the centerline of U.S. Highway 19; thence north along the centerline of U.S. Highway 19 to the intersection of the centerline of U.S. Highway 19 and Patsiliga Creek; thence northeast along the centerline of Patsiliga Creek to the intersection of the centerline of Patsiliga Creek and the centerline of Timms Creek; thence north and west along the centerline of Timms Creek to the intersection of the centerline of Timms Creek and the centerline of U.S. Highway 19; thence north along the centerline of U.S. Highway 19 to the intersection of the centerline of U.S. Highway 19 and the centerline of County Road No. 253; thence
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west along the centerline of County Road No. 253 to the intersection of the centerline of County Road No. 253 and the centerline of County Road No. 99; thence north along the centerline of County Road No. 99 to the intersection of the centerline of County Road No. 99 and the centerline of County Road No. 101; thence west along the centerline of County Road No. 101 to the intersection with the Talbot and Taylor County Line located in the northwest portion of Taylor County, Georgia; thence north and east following the Talbot - Taylor County Line to the intersection of the Flint River; thence following the centerline of the Flint River in a south and east direction to the point of beginning. Commissioner District No. 3 Commencing at the intersection of the centerline of Georgia State Highway No. 127 and the Macon and Taylor County Line in the southeast portion of Taylor County, Georgia, and running thence north and west along the centerline of Georgia State Highway No. 127 to the intersection of the centerline of Georgia State Highway No. 127 and the centerline of Whitewater Creek; thence north and west along the centerline of Whitewater Creek and at the fork of Whitewater Creek following the centerline of Big Whitewater Creek to the intersection of the centerline of Big Whitewater Creek and the centerline of Georgia State Highway No. 137; thence east along the centerline of Georgia State Highway No. 137 to the intersection of the centerline of Georgia State Highway No. 137 and the centerline County Road No. 64; thence north along the centerline of County Road No. 64 to the intersection of the centerline of County Road No. 64 and the centerline of Georgia State Highway No. 96; thence east along the centerline of Georgia State Highway No. 96 to the intersection of the centerline of Georgia State Highway No. 96 and the City Limits of the City of Butler; thence in an east and north direction along the City Limits of the City of Butler to the intersection of the City Limits and the centerline of Georgia State Highway No. 137; thence north and east along the centerline of Georgia State Highway No. 137 to the intersection of the centerline of Georgia State Highway No. 137 and the centerline of County Road No. 114; thence north and west along the centerline of County Road No. 114 to the intersection of the centerline of County Road No. 114
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and the centerline of County Road No. 254; thence west along the centerline of County Road No. 254 to the intersection of the centerline of County Road No. 254 and the centerline of U.S. Highway 19; thence north along the centerline of U.S. Highway 19 to the intersection of the centerline of U.S. Highway 19 and Patsiliga Creek; thence northeast along the centerline of Patsiliga Creek to the intersection of the centerline of Patsiliga Creek and the centerline of Timms Creek; thence north and west along the centerline of Timms Creek to the intersection of the centerline of Timms Creek and the centerline of U.S. Highway 19; thence north along the centerline of U.S. Highway 19 to the intersection of the centerline of U.S. Highway 19 and the centerline of County Road No. 253; thence west along the centerline of County Road No. 253 to the intersection of the centerline of County Road No. 253 and the centerline of County Road No. 99; thence north along the centerline of County Road No. 99 to the intersection of the centerline of County Road No. 99 and County Road No. 101; thence west along the centerline of County Road No. 101 to the intersection with the Talbot - Taylor County Line; thence south and west along the Talbot - Taylor County Line to the Marion - Taylor County Line; thence continuing south along the Marion and Taylor County Line to the intersection with the Schley and Taylor County Line; thence south and east along the Taylor and Schley County Line to the intersection with the Taylor and Macon County Line; thence east and north along the Taylor and Macon County Line 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 1987 session of the General Assembly of Georgia a bill to amend an Act providing for the board of Commissioners of Taylor County, approved March 1, 1933 (Ga. L. 1933, p. 672), as amended; and for other purposes. This the 23rd day of January, 1987. WILLIAM NEISLER, CLERK Taylor County Commissioners
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lewis H. McKenzie, who, 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 Taylor County News which is the official organ of Taylor County, on the following date: February 5, 1987. /s/ Lewis H. McKenzie Senator, 14th District Sworn to and subscribed before me, this 9th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 30, 1987. CITY OF OGLETHORPE MAYOR AND COUNCIL; TERMS. No. 363 (Senate Bill No. 329). AN ACT To amend an Act creating a new charter for the City of Oglethorpe, approved March 11, 1975 (Ga. L. 1975, p. 2630), so as to change the length of the term of office of the mayor and council; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. An Act creating a new charter for the City of Oglethorpe, approved March 11, 1975 (Ga. L. 1975, p. 2630), is amended by striking the first two sentences of the first undesignated paragraph of Section 2.01 and inserting in lieu thereof two new sentences to read as follows: On the first Thursday in December, 1987, and on that day every four years thereafter, there shall be an election for the mayor and three councilmen. On the first Thursday in December, 1988, and on that day every four years thereafter, there shall be an election for two councilmen. 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Oglethorpe, approved March 11, 1975 (Ga. L. 1975, p. 2630); and for other purposes. This 9th day of February, 1987. /S/ Lewis H. McKenzie Senator, 14th Senatorial District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lewis H. McKenzie, who, 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 Citizen Georgian which is the official organ of Macon County, on the following date: February 11, 1987. /s/ Lewis H. McKenzie Senator, 14th District
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Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 30, 1987. CITY OF WOODSTOCK MAYOR; TERM; LIMIT ON TERMS. No. 364 (Senate Bill No. 350). AN ACT To amend an Act reincorporating and re-creating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, particularly by an Act approved February 29, 1984 (Ga. L. 1984, p. 3641), so as to provide for the term of office of the mayor; to provide that the same person may serve as mayor for a limit of two consecutive terms of office; to provide for applicability; to make editorial changes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating and re-creating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, particularly by an Act approved February 29, 1984 (Ga. L. 1984, p. 3641), is amended by striking Section 2.16 in its entirety and inserting in lieu thereof a new Section 2.16 to read as follows: Section 2.16. Election of the mayor; vacancy. The mayor shall be elected by city election and his term of office shall be for three years. In the case of a vacancy in the office of
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mayor, the governing authority shall thereupon call a special election to fill such vacancy for the remainder of the unexpired term, if any, pursuant to Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code.' Section 2. Said Act is further amended by striking Section 2.18 in its entirety and inserting in lieu thereof the following: Section 2.18. Limitation on Terms of service. (a) The person serving as mayor on the effective date of this Act shall be eligible to serve for the term of office beginning in January, 1988, but shall not again be eligible to be elected to such office. (b) With respect to terms beginning after January, 1988, persons holding the office of mayor may succeed themselves for one three-year term of office. Persons who hold the office of mayor and succeed themselves as provided in this subsection shall not again be eligible to be elected to that office. Section 3. Said Act is further amended by striking Section 5.10 in its entirety and inserting in lieu thereof the following: Section 5.10. Election and term of mayor and council. The governing authority of the City of Woodstock in Cherokee County, Georgia, shall be vested in a mayor and five councilmen. The mayor of said city shall be elected on the first Tuesday in December for a term of three years and the person so elected shall take office on the fourth Thursday in January of the following year. The councilmen of said city shall be elected on the first Tuesday in December for a term of three years each, and the person so elected shall take office on the fourth Thursday in January of the following year. The mayor and all councilmen shall be elected by a city-wide majority vote. The councilmen from wards 1, 3, and 5 shall be elected in 1981 and every three years thereafter. The councilmen for wards 2 and 4 shall be elected in 1982 and every three years thereafter. The mayor shall be elected in 1987 and every three years thereafter. The hours for holding such election shall be 7:00 A.M. until 7:00 P.M. The mayor and council of the City of Woodstock in office on the effective date of this Act shall continue in office until the expiration of their terms and the election and qualification of their
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successors, as provided in this Act. In the event of a vacancy as of the effective date of this Act, the governing authority shall thereupon call a special election to fill such vacancy for the remainder of the term so vacated, pursuant to Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code.' 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 1987 session of the General Assembly of Georgia, a Bill to Amend an Act. So as to amend the Charter to provide for the terms for the election of Mayor. To provide for other matters relative thereto: And for other purposes. This 26th day of January 1987. Signed: J. Carl Harrison GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. 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 11, 1987. /s/ Carl Harrison Senator, 37th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 30, 1987.
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WHITFIELD COUNTY CORONER; COMPENSATION; DEPUTY CORONERS; APPOINTMENT; COMPENSATION. No. 365 (Senate Bill No. 381). AN ACT To amend an Act changing the compensation of the coroner of Whitfield County, approved April 12, 1982 (Ga. L. 1982, p. 4291), so as to change the compensation of the coroner; 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. An Act changing the compensation of the coroner of Whitfield County, approved April 12, 1982 (Ga. L. 1982, p. 4291), 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 coroner of Whitfield County shall receive an annual salary in the amount of $11,000.00, payable monthly out of county funds. The salary shall be in lieu of all fees and commissions authorized for coroners, except that the coroner shall be reimbursed for his ordinary and necessary expenses in the performance of his duties in Whitfield County. In lieu of the reimbursement of expenses as provided above, the governing authority may authorize the payment to the coroner of a reasonable monthly expense allowance. Section 2. Said Act is further amended by adding between Sections 2 and 3 a new Section 2A to read as follows: Section 2A. The coroner of Whitfield 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 for each death investigation conducted in accordance with Georgia law. Such compensation shall be paid on the first week of each month from the funds of Whitfield County after the deputy coroner or coroners have submitted
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a statement and the statement has been approved by the coroner of Whitfield 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 1987 session of the General Assembly of Georgia; a bill to increase the compensation of the Coroner of Whitfield County; to provide for the appointment of Deputy Coroners by the Coroner and their compensation and for other purposes. MAX BRANNON Senator 51st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Max Brannon, who, on oath, deposes and says that he is Senator from the 51st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Citizen-News which is the official organ of Whitfield County, on the following date: February 13, 1987. /s/ Max Brannon Senator, 51st District Sworn to and subscribed before me, this 24th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 30, 1987.
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CITY OF SNELLVILLE CORPORATE LIMITS; DEANNEXATION. No. 366 (Senate Bill No. 390). AN ACT To amend an Act incorporating the City of Snellville, approved August 20, 1923 (Ga. L. 1923, p. 775), as amended, 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 incorporating the City of Snellville, approved August 20, 1923 (Ga. L. 1923, p. 775), as amended, is amended by adding a new section immediately following Section 2A, to be designated Section 2B, to read as follows: Section 2B. Notwithstanding any other provision of this charter to the contrary, the following described property is hereby deannexed and excluded from the corporate limits of the City of Snellville: All that tract or parcel of land lying and being in Land Lots 94 and 93 of the 5th Land District of Gwinnett County, Georgia and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the intersection of the southerly right of way line of Summit Turf Lane and the westerly right of way line of Rosebud Road, 25 feet east of the center line of pavement along said road, run thence along said right of way line of Rosebud Road a distance of 129 feet to a point; run thence North 66 degrees 09 minutes 50 seconds West a distance of 15.12 feet to a point, said point being the TRUE POINT OF BEGINNING; run thence along the arc of a curve to the left having an arc distance of 10.09 feet and a radius of 560.871 feet and being subtended by a chord bearing South 16 degrees 08 minutes 05 seconds West having a chord distance of 10.09
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feet; run thence North 66 degrees 09 minutes 50 seconds West a distance of 128.79 feet to a point; run thence North 72 degrees 30 minutes 00 seconds West a distance of 257.01 feet to a point; run thence North 32 degrees 43 minutes 00 seconds West a distance of 314.96 feet to a point; run thence North 41 degrees 08 minutes 00 seconds West a distance of 756.07 feet to a point; run thence North 74 degrees 49 minutes 36 seconds West a distance of 355.61 feet to a point; run thence North 88 degrees 31 minutes 56 seconds West a distance of 131.39 feet to a point; run thence North 01 degrees 28 minutes 04 seconds East a distance of 183 feet to a point; run thence South 88 degrees 31 minutes 56 seconds East a distance of 131.39 feet to a point; run thence South 01 degree 28 minutes 04 seconds West a distance of 172.71 feet to a point; run thence South 74 degrees 49 minutes 36 seconds East a distance of 361.07 feet to a point; run thence South 41 degrees 08 minutes 00 seconds East a distance of 759.84 feet to a point; run thence South 32 degrees 43 minutes 00 seconds East a distance of 312.08 feet to a point; run thence South 72 degrees 30 minutes 00 seconds East a distance of 253.95 feet to a point; run thence South 66 degrees 09 minutes 50 seconds East a distance of 128 feet to a point, said point being the TRUE POINT OF BEGINNING, said tract or parcel of land being shown as containing 0.968 acres of land according to a certain plat of survey of Summit Chase Country Club, Inc., dated March 3, 1987, prepared by Pinion McGaughey, Land Surveyors, Inc., certified by George H. Pinion, Georgia Registered Land Surveyor No. 1606, to which plat reference is hereby made for all purposes. 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 1987 Session of the General Assembly of Georgia a local bill to amend the Charter of Snellville, Gwinnett County, Georgia redefining the corporate boundaries of the City of Snellville, Gwinnett County, Georgia in accordance with the City Charter and by law and to repeal conflicting laws. This 25th day of February, 1987.
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Honorable Donn M. Peevy Senator, 48th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donn M. Peevy, who, on oath, deposes and says that he is Senator from the 48th 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 27, 1987. /s/ Donn M. Peevy Senator, 48th District Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 30, 1987. DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER AUTHORITY NEW MEMBERS; APPOINTMENT; TERMS; RESIDENCY; LIENS. No. 367 (Senate Bill No. 391). 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), as amended by an Act approved March 28,
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1986 (Ga. L. 1986, p. 5072), so as to provide for the appointment of new members to the authority upon completion of the terms of the existing members and the manner in which the new members shall be appointed; to provide for the terms of office of each member; to provide for filling vacancies; to provide residency requirements; to authorize the Douglasville-Douglas County Water and Sewer Authority to impose liens upon the real property of its customers and to record the same in the public records of Douglas 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 known as the Douglasville-Douglas County Water and Sewer Authority Act, approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended by an Act approved March 28, 1986 (Ga. L. 1986, p. 5072), is amended by striking in its entirety subsection (b) of Section 3 and inserting in lieu thereof a new subsection (b) to read as follows: (b) The authority board of directors 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 appointed members shall be selected 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 school districts in Douglas County as constituted on March 7, 1985. By mutual agreement and process of elimination, the mayor and the chairman shall arrive at a total of five members, one from each of the five school districts, to serve 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. After completion of the initial terms specified in this section, each term shall be for a period of five years. The mayor and chairman shall be voting members of the board of directors by virtue of their elected positions without regard to term length. Members appointed prior to the effective
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date of this subsection shall be considered as appointed in accordance with this section. At the end of the term of office of any member so appointed or in the event of the death, removal, or resignation of any member prior to the conclusion of his or her term in office, the successor member shall be appointed on a rotating basis by either the mayor and council for the City of Douglasville or Douglas County Board of Commissioners using the procedure outlined in this subsection. Thirty days prior to the normal expiration of a member's term or within 30 days following the death, removal, or resignation prior to the completion of the term of office, the authority board of directors shall provide to the appropriate appointing body the names of three competent, qualified persons to be considered for appointment to serve on the authority board of directors, one of whom may be the individual whose term is expiring. The appointment shall be made from the names so provided by majority vote of the members of either the mayor and council of the City of Douglasville or the Douglas County Board of Commissioners, within 30 days from the receipt of the names of the persons nominated by the authority board of directors. The appointing body may, by resolution adopted by majority vote, and within 30 days from the receipt of the names of the persons nominated, request the submission of three additional names to be considered for appointment to serve on the authority board of directors. Upon submission of the additional three names, which shall occur within 30 days of receipt of the resolution requesting such additional names, the names of the first three nominees shall be removed from consideration and the selection must be made from the three additional names by the appointing body within 30 days of receipt of the additional names. Upon the failure of the authority board of directors to provide the names of a total of three individuals as specified in this subsection, the appointing body shall be authorized to select additional nominees to arrive at a total of three candidates. Failure of the appointing body to select a nominee by resolution adopted by majority vote in the specified time period shall require the authority board of directors, by majority vote, to select a member from all the nominees submitted. The mayor and council of the City of Douglasville shall appoint the first member in the process described in this subsection following the effective date of the enactment of this subsection, and the procedure shall
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be rotated between the governing authority of the City of Douglasville and the Douglas County Board of Commissioners for every appointment thereafter as the same shall arise. Normal terms for all appointed members of the authority board of directors shall commence on April 3 and terminate on April 2 of the year in which the term of office expires. 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 and be a full voting member until his or her successor shall be so elected. Section 2. Said Act is further amended by adding at the end of Section 3 a new subsection (d) to read as follows: (d) It shall be required at all times that the permanent residence of each member of the authority board of directors be within the school district from which he or she shall have been appointed during his or her entire term on the board of directors. However, in instances where said permanent residence has been damaged or destroyed and is unfit for occupancy, the member may, for a period not to exceed 120 days, temporarily reside outside the district but within Douglas County while repairs are being effected or another residence within the district is selected. Notwithstanding the foregoing, board members as of the effective date of this subsection may be allowed to complete their present terms without regard to residence in the school district from which they were appointed. No member of the authority board of directors appointed to fill full or partial terms following the effective date of this subsection shall serve more than two consecutive terms, except the individual elected as mayor for the City of Douglasville and the individual elected as chairman of the Douglas County Board of Commissioners. Section 3. Said Act is further amended by adding between Sections 26 and 27 a new Section 26A to read as follows: Section 26A. The authority shall have the right to impose liens upon the real property of customers of the authority who receive service from the authority, either for water services or sewer services, and the aforesaid liens may be recorded upon the general execution docket maintained by the
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clerk of the Superior Court of Douglas County, Georgia. The authority shall have all rights of recovery and collection against the property owner and the actual customer utilizing the services of the authority as shall be provided by law. Section 4. This Act shall become effective June 1, 1987. 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 1987 session of the General Assembly of Georgia a bill to amend the Act creating the Douglasville-Douglas County Water and Sewer Authority to provide a system for the filling of vacancies on the Board of the Authority, to authorize the imposition of liens for services performed, and for other purposes. This 24th day of February, 1987. J. Wayne Garner, Senator, 30th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Garner, who, on oath, deposes and says that he is Senator from the 30th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the offical organ of Douglas County, on the following date: February 26, 1987. /s/ Wayne Garner Senator, 30th District Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 30, 1987.
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PIERCE COUNTY TAX COMMISSIONER; OFFICE CREATED; OATH; POWERS AND DUTIES; COMPENSATION; PERSONNEL. No. 368 (Senate Bill No. 392). AN ACT To consolidate the offices of tax receiver and tax collector of Pierce County into the office of tax commissioner of Pierce County; to provide for the oath, rights, duties, and liabilities of said office; to provide for the election of the tax commissioner; to provide for terms of office; to provide for the method of filling vacancies; to provide for the payment of taxes and collection of fi. fas.; to provide for the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner; to provide for the payment of office expenses by the county; 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. The offices of tax receiver and tax collector of Pierce County are consolidated and combined into the one office of tax commissioner of Pierce County. The rights, duties, and liabilities of the tax commissioner, except as otherwise provided in this Act, shall be the same as those imposed upon the tax receivers and tax collectors by the laws of this state. Section 2. The first election for the office of tax commissioner created in this Act shall be held at the same time as the election of other county officers for Pierce County in 1988. The person so elected shall take office on the first day of January following the election and shall serve until December 31, 1992, and until a successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing in this Act shall affect the terms of office of the present tax
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collector and tax receiver of Pierce County and their terms of office shall continue through December 31, 1988. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector. Section 3. Before entering upon the duties of the office, the tax commissioner shall take the oath prescribed by law for tax collectors and shall give bond as provided by law for the tax collector. Section 4. All taxes due and payable at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. theretofore issued shall have full force and effect and be collectable as issued. Section 5. The tax commissioner shall be compensated on the basis of fees, commissions, and emoluments which the tax collector and tax receiver were previously entitled to receive and as established by general law. Section 6. The tax commissioner shall have the authority to employ persons at the discretion of the tax commissioner. It shall be within the sole power and authority of the tax commissioner, during the term of office, to designate and name the person or persons who shall be employed, to prescribe their duties and assignments, and to remove or replace any of such employees at will and within the sole discretion of such officer. The governing authority shall have the authority to determine the compensation of persons employed by the tax commissioner. Section 7. (a) The compensation of all personnel and employees and the cost of data processing services shall be paid from any fees, commissions, or emoluments to which the tax commissioner is entitled. (b) All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment, and the repair, replacement, and maintenance thereof as may be reasonably required in discharging the official duties of the office of tax commissioner shall be furnished by the county and shall be paid from any funds of the county available for such purpose.
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Section 8. This Act shall become effective January 1, 1989, except that the provisions of Section 2, relative to the election of the tax commissioner, 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. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an ACT creating a Tax Collector and Tax Receiver of Pierce County, Georgia (Act 1937, 1937-38, Ex. Sess., p. 871) as amended; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Echols, Jr., 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 Blackshear Times which is the official organ of Pierce County, on the following date: February 18, 1987. /s/ Earl Echols, Jr. Senator, 6th District Sworn to and subscribed before me, this 27th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 30, 1987.
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POWDER SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY MEMBERSHIP; TERMS; RESIDENCY. No. 369 (House Bill No. 333). AN ACT To provide for a change in the membership of the Powder Springs Downtown Development Authority; to provide authority for this Act; to provide for the terms of the members; to provide for certain residency requirements in the appointment of the members; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Powder Springs Downtown Development Authority was created by an amendment to the Constitution ratified at the 1980 general election. Said amendment is set forth in Georgia Laws 1980 at pages 2035 through 2044. By an amendment to the Constitution ratified at the 1982 general election as set forth in Georgia Laws 1982, pages 2505 and 2506, the General Assembly was authorized by local law to modify, expand, or limit the powers of the authority; to change the membership of the authority; to change the manner of operation of the authority; to modify, expand, or limit the power of taxation of the authority; and to provide for exemptions from taxation by the authority. This Act is pursuant to the authority of the 1982 amendment to the Constitution. Section 2. As used in this Act, the term authority means the Powder Springs Downtown Development Authority. Section 3. The five members of the authority serving on the effective date of this Act shall serve out their respective terms in accordance with the provisions of this Act. The member appointed in January, 1983, shall serve until January, 1988. The member appointed in October, 1986, shall serve until October, 1988. The member appointed in March, 1986, shall serve until March, 1988. The two members appointed in January, 1987, shall serve until January, 1989. Two additional members
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shall be appointed by the mayor and council of the City of Powder Springs for a term of two years to begin July, 1987. Successors to the members of the authority shall serve for a term of two years. Members shall serve until their successors are duly appointed and qualified. Appointments made by the mayor and council shall ensure that at least four members of the authority are residents of the City of Powder Springs. 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 1987 session of the General Assembly of Georgia a bill to change the membership of the Powder Springs Downtown Development Authority; to provide authority for this Act; to provide for the terms of the members; to provide for certain residency requirements in the appointment of the members; and for other purposes. This 16th day of Jan., 1987. /s/ 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: January 23, 1987. /s/ Fred Aiken Representative, 21st District
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Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987. GWINNETT COUNTY BOARD OF COMMISSIONERS; COMPENSATION; EXPENSES. No. 370 (House Bill No. 728). AN ACT To amend an Act creating a Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 19, 1981 (Ga. L. 1981, p. 3135), so as to change the compensation of the members of said board and to change the compensation of the chairman; to provide for 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 creating a Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 19, 1981 (Ga. L. 1981, p. 3135), is amended by striking in its entirety Section 9 and inserting in its place a new Section 9 to read as follows: Section 9. (a) Members of the commission herein created, other than the chairman, shall be paid as their entire compensation for services as same a salary of $12,500.00
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each per year to be paid in equal monthly installments out of the county treasury upon warrants drawn upon the county treasury. Each member shall be reimbursed for actual expenses incurred in the performance of duties as a member of the commission in an amount not to exceed $5,000.00 per year. (b) (1) Effective until January 1, 1989, the chairman shall receive as his compensation a salary of $35,000.00 per year. This salary shall be increased on January 1, 1982, by an amount equal to 3 percent of said salary and on January 1 of each year thereafter shall be increased by an amount equal to 3 percent of the salary received the immediately preceding year. Said salary shall be paid out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn. In addition to the compensation hereinabove provided, the chairman shall be furnished an automobile by the county with the expenses of the operation thereof and the expenses incurred by said chairman to be paid by the county. (2) Effective January 1, 1989, the chairman shall receive as compensation a salary of $50,000.00 per year. Said salary shall be paid in equal monthly installments out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn. The chairman shall be reimbursed for actual expenses incurred in the performance of duties as chairman of the commission in an amount not to exceed $7,000.00 per year. 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. LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend atn Act creating a new board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended; and for other purposes.
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This 16th day of January, 1987. -s- Mike Barnett Honorable Mike Barnett Representative, 59th District 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 23, 1987. /s/ O. M. Barnett Representative, 59th District Sworn to and subscribed before me, this 4th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987.
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CITY OF SUWANEE NEW CHARTER. No. 371 (House Bill No. 731). AN ACT To create a new charter for the City of Suwanee; to provide for the incorporation of the City of Suwanee; to provide for the corporate limits; to provide for the corporate powers; to provide for a mayor and council; to provide for elections; to provide for organization and personnel; to provide for fiscal administration; to provide for all or any matters relative to the foregoing; to repeal an Act to incorporate the City of Suwanee, approved March 10, 1964 (Ga. L. 1964, p. 2733 et seq.), as amended; 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. The city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style City of Suwanee, Georgia, and by that name shall have perpetual succession. Section 1.11. Corporate boundaries. (a) The boundaries of this city shall be those existing on the effective date of this charter with such alterations as may be made from time to time in the manner provided by 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 of the corporate limits of the City of Suwanee, 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 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
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boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. 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. The city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (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 without limiting the generality of Section 1.12 of this charter, the city shall have the following powers: (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 inside 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 hereunder; (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;
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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 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 well-being 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, 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 within the city and benefiting from such services; to enforce the
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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; (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,
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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 corporate 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; 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;
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(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;
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(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; 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; 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 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 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;
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(36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (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; 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. 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.
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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 in a city council to be composed of a mayor and five 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 two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have 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 municipal elections of this 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 Section 5.14 of this charter. Section 2.13. Compensation and expenses. The mayor and each councilmember shall continue to receive the compensation which was in effect for said officials on the effective date of this charter. Changes in such compensation shall be accomplished pursuant to the provisions of Code Section 36-35-4 of the O.C.G.A. Section 2.14. Conflicts of interest; holding other offices. (a) Conflict 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) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which
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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; and (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) 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 councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall
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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) 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 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) Contracts voidable or rescindable. 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) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember 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 councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which he was elected. (f) Political activities of certain officers and employees. 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) Penalties for violations. (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) above
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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, 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 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, 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 organization meeting on the third Saturday of 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) (councilmember) of the City of Suwanee 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.
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(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 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 councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may 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 of 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 fully as is reasonably possible 24 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 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 should be introduced in writing and in the form required for final adoption. No ordinance shall contain any subject which is not expressed in its title. The enacting clause shall be The Mayor and Council of the City of Suwanee hereby ordains... and every ordinance shall so begin.
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(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; provided, however, an ordinance may be adopted the same day it is introduced. Upon adoption 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 three 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 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. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure
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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. 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 Suwanee, 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
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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 his successor is elected and qualified. He shall be a 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 councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. Section 2.28. Mayor pro tempore. By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore 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 at 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
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(7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish. 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, and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of 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 seven 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 the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.
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(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. (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 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 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
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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, shall 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 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 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 by the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. Section 3.15. City accountant. The city council may 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:
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(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 Municipal Court of the City of Suwanee. 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 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
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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. The municipal court shall be convened at regular intervals as provided by the court. Section 4.13. Jurisdiction; 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 $1,000.00 or imprisonment for 60 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. 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
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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 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. (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 Gwinnett 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, shall be available for public inspection, and,
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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. 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. Election of the city council and mayor. (a) There shall be a municipal general election on the second Saturday in December. (b) There shall be elected the mayor and two councilmembers at one 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 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 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 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., known as the Georgia Municipal Election Code. Section 5.15. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe
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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, councilmembers, 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; 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 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 herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Gwinnett 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 Gwinnett County following a hearing on a complaint seeking such removal brought by any resident of the City of Suwanee.
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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, 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 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 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 within the town 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; 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
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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 companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, 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 town 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 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. Special assessments. 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. 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.
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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 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, inssuance 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, 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 shortterm 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 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. 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
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than 30 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 as he may deem pertinent. The operating budget, the capital improvements budget, 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. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council shall adopt the final operating budget for the ensuing fiscal year not later than the third Saturday of January 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. Tax levies. Following adoption of the operating budget, the city council shall levy by ordinance such taxes
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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. Section 6.27. Changes in appropriations. 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 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 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 third Saturday of January of each year. No appropriation 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. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions
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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. Contracting procedures. No contract with the city shall be binding on the city unless: (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. Centralized purchasing. The city council may 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 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 town 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
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public place when such exchange 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 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. Existing ordinances, resolutions, rules, and regulations. Existing ordinances, resolutions, rules, and regulations now in force in the 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 city council shall review all such provisions and shall readopt, repeal, or amend each so that a codification as provided by subsection (b) of Section 2.26 of this charter is accomplished. Section 7.12. First election under this charter. (a) The mayor and councilmembers in office on the effective date of this charter shall continue in office until their successors are elected as provided in this section. The first municipal election shall be Saturday, December 5, 1987, at which two councilmembers' positions shall be filled. The city council seats presently held by the named councilmembers shall be designated Posts 1, 2, 3, etc., respectively: Post 1 James Burnett Post 2 Ty McDaniel Post 3 Tom Mitchell Post 4 David Smith Post 5 Jim Theus
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(b) All persons giving notice of candidacy for a city council seat shall designate the post being sought. Posts one and two shall be filled at this first election for an initial term of two years and until their respective successors are elected and qualified such that a continuing body is created. Each councilmember elected thereafter shall serve a full term as provided in Section 2.11 of this charter. (c) The mayor's post shall be filled at the December, 1989, election for an initial term of two years and until his respective successor is elected and qualified. Each mayor elected thereafter shall serve a full term as provided in Section 2.27 of this charter. Section 7.13. 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 for a period of six months before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. Section 7.14. 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 7.15. 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. 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
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shall not affect or impair other parts of this charter unless it clearly appears that such 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 7.17. Effective date. This charter shall become effective on July 1, 1987. Section 7.18. Specific repealer. An Act incorporating the City of Suwanee in the County of Gwinnett, approved March 10, 1964 (Ga. L. 1964, p. 2733), is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety, effective July 1, 1987. All other laws and parts of laws in conflict with this charter are repealed. Section 7.19. General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and Section 28-1-14 of the Official Code of Georgia Annotated (Michie), please be advised that there will be introduced at the regular session of the 1987 Georgia General Assembly an act to create new charter for the City of Suwanee; to provide for the incorporation of the City of Suwanee; to provide for the corporate limits; to provide for the corporate powers; to provide for a mayor and council; to provide for elections; to provide for organization and person-section two). The second section consists of the construction of a four-lane divided highway which begins at S.R. 400 in Forsyth County and extends southeasterly to I-85 in Gwinnett County. The total length of the project is approximately 18.3 miles. Representatives from the Department of Transportation will be available from 4:00 p.m. to 7:00 p.m., with plans and displays. The public will have an opportunity to attend the hearing at their convenience to ask questions and discuss the project with a Department representative. A court reporter will be available during this time to allow the public an opportunity to make comments about the project. These comments will be included in the transcript of the hearing.
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Written statements may be submitted to: Mr. Peter Malphurs State Environmental/Location Engineer 3993 Aviation Circle Atlanta, GA 30336 Written statements should be sent by March 16, 1987. Copies of the Draft Environmental Impact Statement are available to the public by sending your request to Mr. Peter Malphurs at the above address. The displays at the public hearing will be available for ten days for review by the public at the Office of Joe T. Snell, Jr., Area Engineer, located on High Hope School Road in Lawrenceville, Georgia. Also, as soon as the transcript is prepared, it will be available at this location. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronald W. Pittman, 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 23, 1987. /s/ Ronald W. Pittman Representative, 60th District Sworn to and subscribed before me, this 9th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987.
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HANCOCK COUNTY BOARD OF COMMISSIONERS; CHAIRMAN; COMPENSATION. No. 372 (House Bill No. 746). AN ACT To amend an Act creating the Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3814), so as to change the compensation of the chairman 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 County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3814), is amended by striking from subsection (c) of Section VIII of said Act the following: $12,000.00 per annum, and inserting in its place the following: $16,000.00 per annum, so that when so amended subsection (c) of Section VIII of said Act shall read as follows: (c) The chairman shall be compensated in the amount of $16,000.00 per annum payable in equal monthly installments. The other members of the board shall be compensated in the amount of $3,600.00 per annum payable in equal monthly installments. The compensation provided herein shall be paid from the funds of Hancock 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.
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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 1987 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended; and for other purposes. This 28th day of January, 1987. -s-George F. Green Representative, 106th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George F. Green, 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 Sparta Ishmaelite which is the official organ of Hancock County, on the following date: February 5, 1987. /s/ George F. Green Representative, 106th District Sworn to and subscribed before me, this 10th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987.
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BURKE COUNTY JUDGES OF THE SUPERIOR COURT; SALARY SUPPLEMENT. No. 373 (House Bill No. 754). AN ACT To amend an Act providing for a salary supplement to be paid from funds of Burke County to the superior court judges of the Augusta Judicial Circuit, approved February 21, 1951 (Ga. L. 1951, p. 670), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 554), so as to change the amount of such supplement; 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 providing for a salary supplement to be paid from funds of Burke County to the superior court judges of the Augusta Judicial Circuit, approved February 21, 1951 (Ga. L. 1951, p. 670), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 554), is amended by replacing the figure 250.00 in Section 1 with the figure 275.00, so that Section 1 when so amended shall read as follows: Section 1. The governing authority of Burke County shall pay from county funds to each superior court judge of the Augusta Judicial Circuit a salary supplement in the amount of $275.00 per month payable monthly. 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 1987 session of the General Assembly of Georgia a bill to amend
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an Act providing for a salary supplement to be paid from funds of Burke County to the superior court judges of the Augusta Judicial Circuit, approved February 21, 1951 (Ga. L. 1951, p. 670), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 554); to provide for related matters; to repeal conflicting laws; and for other purposes. This 2nd day of February, 1987. /s/Emory E. Bargeron Emory E. Bargeron District 108 Georgia House of Representatives 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 True Citizen which is the official organ of Burke County, on the following date: February 5, 1987. /s/ Emory E. Bargeron Representative, 108th District Sworn to and subscribed before me, this 9th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987.
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CITY OF DECATUR BOARD OF EDUCATION; TERMS OF MEMBERS. No. 375 (House Bill No. 814). AN ACT To amend an Act creating and establishing a charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 3436), so as to change the terms of members of the board of education of the City of Decatur; 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 charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 3436), is amended by striking from the second sentence of Section 45 thereof, relating to the public school system in the City of Decatur, the following: for terms of six years each., and inserting in its place the following: for terms of six years each, but successors to any members of said board of education whose term of office expires after July 1, 1987, shall be elected for terms of office of three years each and until their respective successors are elected and qualified. Section 2. Said Act is further amended by adding at the end of Section 45A thereof the following: Notwithstanding any other provisions of this section or charter, successors to any members of the board of education of the City of Decatur whose terms of office expire after July 1, 1987, shall be elected for terms of office of three years each and until their respective successors are elected and qualified. Section 3. All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 session of the General Assembly of Georgia, a bill to amend the Charter of the City of Decatur, Georgia, so as to provide that the terms of office for members of the Board of Education of the City of Decatur shall be three (3) years for all members elected to fill terms which expired or will expire on or after December 31, 1986, rather than for terms of six years. This 28th day of January, 1987. Michael Mears, Mayor 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-GA. (amend charter, 3 yr. Bod of Education terms) a true copy of which is hereto annexed, was published in said newspaper in its issue of the 29th day of January 1987. /s/ Gerald W. Crane Co-Publisher (by) /s/ Linda L. Orr Sworn to and subscribed before me this 29th day of January, 1987. /s/ Janet K. Simpson Notary Public My Commission Expires June 4, 1990 (SEAL) Approved March 30, 1987.
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CITY OF WINDER CORPORATE POWERS; MAYOR AND COUNCIL; ELECTIONS; TERMS; WARDS. No. 376 (House Bill No. 828). AN ACT To amend an Act creating a new charter for the City of Winder, approved March 25, 1974 (Ga. L. 1974, p. 3476), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4328), so as to provide for the corporate powers of that city and the designation of the governing body thereof; to provide for election and terms of the mayor and councilmen of that city; to provide for ward descriptions and requirements for ward 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 Winder, approved March 25, 1974 (Ga. L. 1974, p. 3476), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4328), is amended by striking Section 2-1 thereof, relating to the establishment of the city government, and inserting in its place a new section to read as follows: Section 2-1. (1) The municipal corporation of the City of Winder and its corporate powers shall be vested in and exercised by a mayor and council, consisting of two councilmen at large and one ward councilman from each of the four wards of the city described in subsection (3) of this section, and also by officers, agents, and employees under their authority except when otherwise provided. Said mayor and council, as a body, shall be known as the city council, and they shall hold office as provided in this section. (2) The mayor, the at-large councilman, and the councilmen representing Wards 2 and 4, which officers hold those offices July 1, 1987, and whose terms of office expire in January, 1991, shall continue to serve out those
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terms of office and until their respective successors are elected and qualified. The other at-large councilman and the councilmen representing Wards 1 and 3, which officers hold those offices July 1, 1987, and whose terms of office expire in January, 1989, shall continue to serve out those terms of office and until their respective successors are elected and qualified. After July 1, 1987, successors to each member of the city council whose term of office is to expire shall be elected at the regular city election immediately preceding the expiration of such term, shall take office at the first organizational meeting held after that election pursuant to Section 5.11 of this charter, and shall serve for terms of office of four years each and until their respective successors are elected and qualified. (3) For purposes of electing members of the council from numbered wards, the City of Winder is divided into four wards described as follows: WARD 1 Begin at the intersection of the easterly right of way of Hardegree Road with the northerly right of way of Flat Rock Road; thence along the northerly right of way of Flat Rock Road to its intersection with the westerly right of way of Horton Street; thence in a northeasterly direction along the westerly right of way of Horton Street to a point where the city limits of the City of Winder leave the Horton Street right of way; thence in a southeasterly direction along the city limits line to the northerly right of way of Flat Rock Road also known as Patrick Mill Road; thence in an easterly direction along the northerly right of way of Patrick Mill Road to its intersection with the northerly right of way of South Broad Street; thence in a northeasterly direction along said right of way to its intersection with the westerly right of way of Midland Avenue; thence in a northerly direction along the westerly right of way of Midland Avenue to its intersection with the southerly right of way of Langford Street; thence in a westerly direction along the southerly right of way of Langford Street to its intersection with the westerly right of way of North
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Avenue (extended); thence in a northerly direction along the westerly right of way of North Avenue to its intersection with the southerly right of way of Ridgeway Street; thence in a westerly direction along the southerly right of way of Ridgeway Street to its intersection with City Pond Road; thence continuing in a westerly direction along the corporate city limits of the City of Winder and continuing along the said city limits in a westerly and southerly direction to the true point of beginning. WARD 2 Begin at the intersection of the corporate city limits of the City of Winder with the southerly right of way of Patrick Mill Road; thence continue in a south-easterly direction and continue along the corporate limits of the City of Winder to the southerly right of way of East Broad Avenue; thence in a westerly direction along the southerly right of way of East Broad Avenue to its intersection with the easterly right of way of Hazel Street; thence in a southerly direction along the easterly right of way of Hazel Street to its intersection with the westerly right of way of Foley Street; thence in a northerly direction along the westerly right of way of Foley Street to the southerly right of way of Griffeth Street; thence in a westerly direction along the southerly right of way of Griffeth Street to the easterly right of way of New Street; thence in a southerly direction along the easterly right of way of New Street to the southerly right of way of King Street; thence in a westerly direction along the southerly right of way of King Street to the westerly right of way of Athens Street; thence in a northerly direction along the westerly right of way of Athens Street to the southerly right of way of Mill Street; thence in a southwesterly direction along the southerly right of way of Mill Street to the southerly right of way of May Street; thence in a northwesterly direction along the southerly right of way of May Street to its intersection with the southerly right of way of South Broad Street; thence in a westerly direction along the southerly right of way of South Broad Street to its intersection
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with the southerly right of way of Patrick Mill Road; thence in a westerly direction along the southerly right of way of Patrick Mill Road to the point of beginning. WARD 3 Begin at the intersection of the corporate city limits of the City of Winder with the easterly right of way of Fairview Avenue; thence continue in a general easterly and northerly direction along the corporate city limits of the City of Winder continuing to Georgia Highway 53 and then continuing across said Highway along the corporate city limits of the City of Winder in a westerly and southerly direction to the intersection of the corporate city limits of the City of Winder with the northerly right of way of Ridgeway Street extended; thence easterly along the northerly right of way of Ridgeway Street to the easterly right of way of North Avenue; thence in a southerly direction along the easterly right of way of North Avenue to the northerly right of way of Langford Street; thence in an easterly direction along the northerly right of way of Langford Street to its intersection with the easterly right of way of Midland Avenue; thence in a southerly direction along the easterly right of way of Midland Avenue to its intersection with the northerly right of way of Fifth Avenue; thence in an easterly direction along the northerly right of way of Fifth Avenue to its intersection with the easterly right of way of Alexander Street; thence in a southerly direction along the easterly right of way of Alexander Street to its intersection with the northerly right of way of Third Avenue; thence in a northeasterly direction along the northerly right of way of Third Avenue across Buena Vista Street and continuing along the northerly right of way of Lake Drive to its intersection with the easterly right of way of Georgia Highway 53, North Broad Street; thence in a southwesterly direction along the easterly right of way of South Broad Street to its intersection with the northerly right of way of Mimosa Street; thence in a southeasterly direction along the northerly right of way of Mimosa
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Street to its intersection with the northerly right of way of Lumpkin Street; thence in an easterly direction along the northerly right of way of Lumpkin Street to its intersection with the easterly right of way of Fairview Avenue; thence in a southerly direction along the easterly right of way of Fairview Avenue to the true point of beginning. WARD 4 Begin at the intersection of the corporate city limits of the City of Winder, Georgia with the northerly right of way of East Broad Avenue; thence in a northerly direction along the corporate city limits to the westerly right of way of Fairview Avenue; thence in a northerly direction along the westerly right of way of Fairview Avenue to its intersection with the southerly right of way of Lumpkin Street; thence in a westerly direction along the southerly right of way of Lumpkin Street to the westerly right of way of Mimosa Street; thence in a northwesterly direction along the westerly right of way of Mimosa Street to the northerly right of way of North Broad Street; thence in a northeasterly direction along the northerly right of way of North Broad Street to the westerly right of way of Lake Drive; thence along the westerly right of way of Lake Drive across Buena Vista Street and continuing along the southerly right of way of Third Avenue to its intersection with the westerly right of way of Alexander Street; thence in a northerly direction along the westerly right of way of Alexander Street to the southerly right of way of Fifth Avenue; thence in a westerly direction along the southerly right of way of Fifth Avenue to its intersection with the easterly right of way of Midland Avenue; thence in a southerly direction along the easterly right of way of Midland Avenue to its intersection with the southerly right of way of South Broad Street; thence in a westerly direction along the southerly right of way of South Broad Street to its intersection with the easterly right of way of May Street; thence in a southerly direction along the easterly right of way of May Street to its intersection with the northerly right of way of Mill
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Street; thence in a northeasterly direction along the northerly right of way of Mill Street to its intersection with the easterly right of way of Athens Street; thence in a southerly direction along the easterly right of way of Athens Street to its intersection with the northerly right of way of King Street; thence in an easterly direction along the northerly right of way of King Street to its intersection with the westerly right of way of New Street; thence in a northerly direction along the westerly right of way of New Street to its intersection with the northerly right of way of Griffeth Street; thence in an easterly direction along the northerly right of way of Griffeth Street to its intersection with the easterly right of way of Foley Street; thence in a southerly direction along the easterly right of way of Foley Street to its intersection with the northerly right of way of Hazel Street; thence in a northerly direction along the northerly right of way of Hazel Street to its intersection with the southerly right of way of East Broad Avenue; thence in an easterly direction along the southerly right of way of East Broad Avenue to the true point of beginning. (4) Each ward councilman in office July 1, 1987, shall be deemed to be serving in the same numbered ward as that in which that person served on June 30, 1987, but thereafter those numbered wards shall be as described in subsection (3) of this section. However, beginning with the regular city election held in 1988, and for each regular city election thereafter, and for each special city election held after June 30, 1987, each candidate for ward councilman shall: (A) Have been a resident of that ward, as described in subsection (3) of this section, that person seeks to represent for at least six months prior to being elected to represent that ward; (B) Be elected by the qualified voters voting only in that ward; and (C) Continue to reside in that ward during that person's term of office.
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(5) The mayor and each councilman at large shall be elected by the qualified voters voting in the entire city. Section 2. This Act shall become effective July 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 1987 SESSION OF THE GENERAL ASSEMBLY OF GEORGIA A BILL TO AMEND AN ACT CREATING A NEW CHARTER FOR THE CITY OF WINDER (GEORGIA LAWS 1974, PAGE 3476, AS AMENDED), (GEORGIA LAWS 1975, PAGE 4328), SO AS TO PROVIDE FOR THE CORPORATE POWERS OF THAT CITY AND THE DESIGNATION OF THE GOVERNING BODY THEREOF; TO PROVIDE FOR ELECTION AND TERMS OF THE MAYOR AND COUNCILMEN OF THAT CITY; TO PROVIDE FOR WARD DESCRIPTIONS AND REQUIREMENTS FOR WARD COUNCILMEN; AND FOR OTHER PURPOSES. THIS 4th DAY OF FEBRUARY, 1987. RUSSELL, ADAMSON STELL, P.C. By: -s- John E. Stell John E. Stell, Jr. Attorney for City of Winder GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John O. Mobley, Jr., 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 11, 1987. /s/ John O. Mobley, Jr. Representative, 64th District
4904
Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987. CITY OF BLOOMINGDALE CORPORATE LIMITS. No. 377 (House Bill No. 833). AN ACT To amend an Act creating a charter for the City of Bloomingdale, approved March 25, 1974 (Ga. L. 1974, p. 3439), as amended, particularly by an Act approved March 17, 1978 (Ga. L. 1978, p. 4076) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4298), so as to include certain additional territory within the corporate limits; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a charter for the City of Bloomingdale, approved March 25, 1974 (Ga. L. 1974, p. 3439), as amended, particularly by an Act approved March 17, 1978 (Ga. L. 1978, p. 4076) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4298), is amended by adding a new subsection (d) at the end of Section 1.03 to read as follows:
4905
(d) The corporate limits of the City of Bloomingdale shall also include the territory described as follows: TRACT I Point of Beginning: The present intersection of the northern boundary line of the Bloomingdale City limits and the Chatham/Effingham County line; thence in a northerly direction along the said Chatham/Effingham County line to the intersection of said county line with the northern right of way line of Highway 80; thence in an easterly direction along the northern right of way line of Highway 80 to the intersection of the present western city limits of the City of Bloomingdale and the northern right of way line of Highway 80; thence in a southern direction along the western city limits of the City of Bloomingdale to a certain point where the City limits turns in a westerly direction and becomes the northern boundary line of the City of Bloomingdale; thence along this boundary line in a westerly direction to the point where this above mentioned northern boundary line intersects the Chatham/Effingham County line (by point of beginning). TRACT II Beginning at the intersection of the Little Ogeechee River (the present corporate limits) and the northern right-of-way line of the Savannah Electric and Power Company's high voltage transmission line (erected in the fall of 1941) and in a westerly direction along said right-of-way line for a distance of 3,000 feet to a point on said right-of-way line, then in a southwesterly direction in a straight line a distance of 2,000 feet to a point on the eastern right-of-way line of the eastern fork of the Osteen Road (also known as the Lightsey Road), then in a southerly direction along said eastern right-of-way line to a point where said road intersects the northern right-of-way of Interstate 16. Then in a southerly direction across Interstate 16 to the southern right-of-way line of Interstate 16, then in a easterly direction along said right-of-way to the point of the beginning of the southern right-of-way
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line of the southwestern ramp of Interstate 16 leading to Ga. 17, then along said right-of-way line to the end of Ga. 17, then across the end of Ga. 17 to the eastern right-of-way line of the New Little Neck Road, then in a southerly direction a distance of 4,100 feet to the northern right-of-way line of the Red Hill Road. Then in a easterly direction along the northern right-of-way line of the Red Hill Road for a distance of 2,000 feet to a point where said Red Hill Road intersects the Old Little Neck Road. Then in a continuing easterly direction for a distance of 1,400 feet to the channel of the Little Ogeechee River, then in a northerly direction along the channel of the Little Ogeechee River a distance of 2,400 feet to a point where the said Little Ogeechee River intersects the southern right-of-way line of Interstate 16, then in an easterly direction along the southern right-of-way line of Interstate 16 for a distance of 1,250 feet to the corporate limits of the City of Pooler. Then in a northerly direction a distance of 300 feet to the northern right-of-way line of Interstate 16, then in a westerly direction along the northern right-of-way line of Interstate 16 for a distance of 1,000 feet to the channel of the Little Ogeechee River, then in a northerly and westerly direction along said channel to the existing corporate limits of the City of Bloomingdale. Then in a continuing westerly direction a distance of 2,500 feet along said channel of the Little Ogeechee River to a point. Then at this point at a 90 degree angle in a southerly direction a distance of 250 feet to a point on the northern right-of-way line of Interstate 16, then along said northern right-of-way in a westerly direction to the northeastern ramp leading to Ga. 17. Then along the northeastern right-of-way line of said ramp to a point where said ramp intersects Ga. 17, then in a northerly direction along the eastern right-of-way line of Ga. 17 to the Little Ogeechee River (present corporate limits), then in a northwesterly direction along the channel of the Little Ogeechee River to the intersection with the northern right-of-way line of the Savannah Electric and Power Company's transmission line to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia, a bill to change, modify, and enlarge the City limits of the City of Bloomingdale. This 30th day of January, 1987. Sandra Jones City Clerk 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; Savannah Evening Press which is the official organ of Chatham County, on the following date: January 30, 1987. /s/ Tom Triplett Representative, 128th District Sworn to and subscribed before me, this 12th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987.
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GLYNN COUNTY BOARD OF COMMISSIONERS; EXPENSE ALLOWANCE. No. 378 (House Bill No. 838). AN ACT To amend an Act creating a board of commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved March 30, 1985 (Ga. L. 1985, p. 3906), so as to change 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 a board of commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved March 30, 1985 (Ga. L. 1985, p. 3906), is amended by striking the first unnumbered paragraph of Section 6, which reads as follows: The chairman shall receive a salary of $500.00 per month and an expense allowance of $150.00 per month. Each other member shall receive a salary of $400.00 per month and an expense allowance of $100.00 per month., and inserting in its place the following: The chairman shall receive an annual salary of $500.00 per month and an expense allowance of $250.00 per month. Each other member of the board shall receive an annual salary of $400.00 per month and an expense allowance of $200.00 per 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.
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NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia, a bill to amend the act creating the Board of Commissioners of Glynn County, approved February 11, 1937 (Ga. Laws 1937, p. 1336), as amended; to increase the salaries of the members of the Board of Commissioners of Glynn County; to repeal conflicting laws; and for other purposes. BOARD OF COMMISSIONERS GLYNN COUNTY, GEORGIA W. Harold Pate, Chairman GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Willou Smith, who, on oath, deposes and says that she is Representative from the 156th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following date: February 14, 1987. /s/ Willou Smith Representative, 156th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires No. 21, 1989 (SEAL) Approved March 30, 1987.
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COBB COUNTY JUDGE OF THE JUVENILE COURT; COMPENSATION. No. 379 (House Bill No. 845). 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 25, 1986 (Ga. L. 1986, p. 4772), 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 25, 1986 (Ga. L. 1986, p. 4772), 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 $50,600.00, 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular
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1987 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, 1980 (Ga. L. 1980, p. 360) as amended; and for other purposes. This 5th day of Jan. 1987. /s/Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES 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 9, 1987. /s/ Johnny Isakson Representative, 21st District
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Sworn to and subscribed before me, this 13th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987. BARTOW COUNTY SCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 380 (House Bill No. 852). AN ACT To provide that the county school superintendent of Bartow 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. (a) Notwithstanding the provisions of a local amendment to the Constitution providing for the Board of Education of Bartow County and the county school superintendent, such amendment being set forth in Ga. L. 1953, Nov.-Dec. Sess., p. 540, as amended by Ga. L. 1958, p. 495, the county school superintendent of Bartow County shall be selected as provided in subsection (b) of this section. (b) Upon the expiration of the term of office of the county school superintendent of Bartow County holding office when this section becomes of full force and effect, as provided in Section 2 of this Act, the Board of Education of Bartow County shall appoint, by a majority vote of its members, the county school
4913
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 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. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Bartow County shall call and conduct an election for the purpose of submitting this Act to the electors of the Bartow County school district for approval or rejection. The election shall be conducted not later than December 31, 1987. 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 provides for the appointment of the county school superintendent of Bartow 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; 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. Additionally, if the election is not conducted on or before December 31, 1987, this Act shall be automatically repealed on January 1, 1988.
4914
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 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 1987 session of the General Assembly of Georgia a bill to provide that the county school superintendent of Bartow 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. This 7th day of February, 1987. (s)Hugh Boyd Pettit, III Representative, 19th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Boyd Pettit III, 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 12, 1987. /s/ Hugh Boyd Pettit III Representative, 19th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987.
4915
BARTOW COUNTY BOARD OF EDUCATION; ELECTIONS; TERMS; REFERENDUM. No. 381 (House Bill No. 853). AN ACT To provide for the Board of Education of Bartow County; to provide for the election and terms of members; to provide residency requirements; to provide qualifications; to provide procedures; to provide for vacancies; to provide for matters relative to the foregoing; to provide for a referendum; to repeal specific laws; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Notwithstanding the provisions of a local amendment to the Constitution providing for the Board of Education of Bartow County and the county school superintendent, such amendment being set forth in Ga. L. 1953, Nov.-Dec. Sess., p. 540, as amended by Ga. L. 1958, p. 495, the members of the board of education shall be elected and shall serve as provided in this Act. Section 2. Members of the Board of Education of Bartow County who are in office on the effective date of this Act shall serve until the expiration of the term of office for which they were elected. Section 3. (a) The Board of Education of Bartow County shall be composed of five members. Each member shall reside in differing militia districts from with the school district. (b) In order to be eligible to offer as a candidate for membership, a person must reside in Bartow County outside the area embraced by any independent school system, must be of good moral character, must be at least 21 years of age, and must be qualified and entitled to vote for members of the General Assembly. A person may not offer for election from a militia district if a current member of the board resides in such militia district, unless the current member's position is to be filled at the election for which the person is qualifying.
4916
(c) At no time shall more than one resident of the same militia district serve on the board. (d) If a member moves his residence from the militia district he was elected from to a militia district from which there is a current member of the board, the position on the board of the member so moving shall automatically become vacant. Section 4. (a) Members of the board shall be elected for terms of four years and until successors are elected and qualified. Successors to such members shall be elected at the general election next preceding the expiration of terms of office for terms of four years and until successors to such members are elected and qualified. (b) Members so elected shall take office on January 1 following their election. Section 5. (a) Each candidate for board membership may be elected only to represent the militia district in which the candidate resides. Subject to subsection (b) of Section 3, a candidate, when qualifying, shall provide his residence address and show the militia district of his residence. (b) (1) At each election, there shall be elected such number of members as corresponds to the number of positions for which the terms are expiring. (2) Except as provided in paragraph (3) of this subsection, regarding more than one candidate from a militia district, if the number of candidates on the ballot exceeds the number of positions to be filled, those candidates from differing militia districts receiving the highest number of votes cast shall be elected regardless of whether such number is a majority of the total votes cast in such election. (3) If more than one candidate from the same militia district are on the ballot, only one such candidate may be elected. The candidate who may be elected shall be that candidate from the particular militia district who receives the highest number of votes cast in such election, as between all such candidates from the particular militia district regardless
4917
of whether such number is a majority of the total votes cast in such election. Additionally, such candidate must have received the number of votes required under paragraph (2) of this subsection in order to be elected as a member of the board. Section 6. (a) Only those voters who reside in Bartow County outside the area embraced within any independent school system shall be eligible to vote for members of the board of education. (b) Members of the board shall be elected by the voters of the entire area of Bartow County outside any independent school system area. (c) The ballot for electing members of the board shall be structured by the election superintendent so that the militia district of each candidate is shown with such candidate's name. Each voter shall be entitled to cast a number of ballots which corresponds to the number of positions to be filled on the board. Section 7. In case of a vacancy on the board by death, resignation, or any cause other than the expiration of term of office, the remaining members of the board shall elect a successor who shall serve the unexpired term, but, in so electing, no person shall be elected who is a resident of any militia district of which one of the remaining members of the board is a resident. Section 8. That Act providing that the members of the Board of Education of Bartow County shall serve for a term of four years, approved April 12, 1982 (Ga. L. 1982, p. 4589), is repealed in its entirety. Section 9. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Bartow County shall call and conduct an election for the purpose of submitting this Act to the electors of the Bartow County school district for approval or rejection. The election shall be conducted not later than December 31, 1987. 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:
4918
() YES () NO Shall the Act providing for the election, terms, qualifications, residency requirements, filling of vacancies, and election procedures of the Board of Education of Bartow 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 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. Additionally, if the election is not conducted on or before December 31, 1987, this Act shall be automatically repealed on January 1, 1988. 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 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 1987 session of the General Assembly of Georgia a bill to provide for the Board of Education of Bartow County; to provide for the election and terms of members; to provide residency requirements; to provide qualifications; to provide procedures; to provide for vacancies; to provide for matters relative to the foregoing; to provide for a referendum; to repeal specific laws; to repeal conflicting laws; and for other purposes. This 9th day of February, 1987. (s)Honorable Hugh Boyd Pettit, III Representative, 19th District GEORGIA, FULTON COUNTY
4919
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Boyd Pettit III, 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 12, 1987. /s/ Hugh Boyd Pettit III Representative, 19th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987. BUTTS COUNTY BOARD OF EDUCATION; ELECTIONS; TERMS; MEETINGS; OFFICERS; SCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 382 (House Bill No. 903). AN ACT To provide for the election of the members of the Butts County Board of Education; to provide for election districts; to provide for qualifications; to provide for lengthening and shortening the terms of certain 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,
4920
duties, and obligations; to provide for the appointment of the school superintendent of Butts County by the Butts County Board of Education; to provide for terms of office; to provide for vacancies; to provide for the school superintendent in office on January 1, 1988; to provide for compensation; to provide for applicability of certain laws; to provide for the specific repeal of certain local Acts; 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 Butts County Board of Education shall consist of five members. All future elections for the five members shall be conducted on the basis of single member districts, to be known as Education District No. 1, Education District No. 2, Education District No. 3, Education District No. 4, and Education District No. 5. Each such district is particularly described as follows: EDUCATION DISTRICT #1: Being located in the eastern portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where Georgia Highway #36 intersects with the Butts County - Newton County Line. From this Point of Beginning southwest along Georgia Highway #36 until it intersects with Stark Road (County Road #289); thence east along Stark Road (County Road #289) until it intersects with Moore Road (County Road #85); thence east along Moore Road (County Road #85) until it intersects with Halls Bridge Road (County Road #292); thence east along Halls Bridge Road (County Road #292) until it intersects with Pratt Smith Road (County Road #87); thence south along Pratt Smith Road (County Road #87) until it intersects with Georgia Highway #16; thence east along Georgia Highway #16 until it intersects with Higgins Road (County Road #301); thence south along Higgins Road (County Road #301) until it intersects with Georgia Highway #42; thence south along Georgia Highway #42 until it intersects with Cenie Road (County Road #139); thence east along Cenie Road (County Road #139) until it intersects with the City Limits of Flovilla, Georgia; thence east and north along the City Limits of Flovilla, Georgia until it intersects with Cenie Road (County Road #139); thence east along Cenie
4921
Road (County Road #139) until it intersects with Georgia Highway #87; thence south along Georgia Highway #87 until it intersects with the Butts County - Monroe County Line; thence east and north along the Butts County Line to the Point of Beginning. EDUCATION DISTRICT #2: Being located in the southern portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where Georgia Highway #87 intersects with the Butts County - Monroe County Line. From this Point of Beginning north along Georgia Highway #87 until it intersects with Cenie Road (County Road #139); thence west along Cenie Road (County Road #139) until it intersects with the City Limits of Flovilla, Georgia; thence south and west along the City Limits of Flovilla, Georgia until it intersects with Cenie Road (County Road #139); thence west along Cenie Road (County Road #139) until it intersects with Georgia Highway #42; thence north along Georgia Highway #42 until it intersects with Higgins Road (County Road #301); thence north along Higgins Road (County Road #301) until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with Pratt Smith Road (County Road #87); thence north along Pratt Smith Road (County Road #87) until it intersects with Halls Bridge Road (County Road #292); thence west along Halls Bridge Road (County Road #292) until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with East College Street in the City Limits of Jackson, Georgia; thence south and west along East College Street until it intersects with Georgia Highway #36 (Mulberry Street); thence south along Georgia Highway #36 (Mulberry Street) until it intersects with Brownlee Road (County Road #296); thence south along Brownlee Road (County Road #296) until it intersects with Co-Op Way; thence west along Co-Op Way until it intersects with Georgia Highway #36; thence south along Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence south and west along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36; thence south along Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence south and east along the City Limits of Jackson, Georgia until it intersects with Brownlee Road (County Road
4922
#296); thence south along Brownlee Road (County Road #296) until it intersects with the Butts County - Monroe County Line; thence east along the Butts County - Monroe County Line back to the Point of Beginning. EDUCATION DISTRICT #3: Being located in the southwestern portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where Brownlee Road (County Road #296) intersects with the Butts County - Monroe County Line. From this Point of Beginning north along Brownlee Road (County Road #296) until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36; thence north along Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence east and north along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36; thence north along Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Old Griffin Road (County Road #203); thence west along Old Griffin Road (County Road #203) until it intersects with Imogene Goff Drive (City Limits of Jackson, Georgia); thence north along Imogene Goff Drive (City Limits of Jackson, Georgia) until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with Old Griffin Road (County Road #203); thence north and west along Old Griffin Road (County Road #203) until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with the Butts County - Spalding County Line; thence south along the Butts County - Spalding County Line and thence east along the Butts County - Lamar County Line and the Butts County - Monroe County Line back to the Point of Beginning. EDUCATION DISTRICT #4: Being located in the central portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where Georgia Highway #36 intersects with Stark Road (County Road #289). From this Point of Beginning northeast along Stark Road (County Road #289) until it intersects with Moore Road (County Road #85); thence east along Moore Road (County Road #85) until it intersects with Halls Bridge Road (County Road #292);
4923
thence south along Halls Bridge Road (County Road #292) until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with East College Street in the City Limits of Jackson, Georgia; thence south and west along East College Street until it intersects with Georgia Highway #36 (Mulberry Street); thence south along Georgia Highway #36 (Mulberry Street) until it intersects with Brownlee Road (County Road #296); thence south along Brownlee Road (County Road #296) until it intersects with Co-Op Way; thence west along Co-Op Way until it intersects with Georgia Highway #36; thence south along Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Old Griffin Road (County Road #203); thence east along Old Griffin Road (County Road #203) until it intersects with Wesley Drive; thence south along Wesley Drive until it intersects with Cedar Street; thence east along Cedar Street until it intersects with West College Street; thence east along West College Street until it intersects with Peachtree Street; thence north along Peachtree Street until it intersects with McDonough Road; thence north along McDonough Road until it intersects with Watson Creek; thence west along Watson Creek until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Paul Maddox Road (County Road #214); thence west along Paul Maddox Road until it intersects with the City Limits of Jackson, Georgia; thence north and east along the City Limits of Jackson, Georgia until it intersects with the Southern Railroad; thence southeast and east along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36; thence north along Georgia Highway #36 back to the Point of Beginning. EDUCATION DISTRICT #5: Being located in the northwestern portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where Georgia Highway #16 intersects with the Butts County - Spalding County Line. From this Point of Beginning east along Georgia Highway #16 until it intersects with Old Griffin Road (County Road #203); thence east along Old Griffin Road (County Road #203) until it intersects with Georgia Highway #16; thence east along Georgia Highway #16 until it intersects
4924
with Imogene Goff Drive (City Limits of Jackson, Georgia); thence south along Imogene Goff Drive (City Limits of Jackson, Georgia) until it intersects with Old Griffin Road (County Road #203); thence east along Old Griffin Road (County Road #203) until it intersects with Wesley Drive; thence south along Wesley Drive until it intersects with Cedar Street; thence east along Cedar Street until it intersects with West College Street; thence east along West College Street until it intersects with Peachtree Street; thence north along Peachtree Street until it intersects with McDonough Road; thence north along McDonough Road until it intersects with Watson Creek; thence west along Watson Creek until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Paul Maddox Road (County Road #214); thence west along Paul Maddox Road (County Road #214) until it intersects with the City Limits of Jackson, Georgia; thence north and east along the City Limits of Jackson, Georgia until it intersects with the Southern Railroad; thence southeast and east along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36; thence north along Georgia Highway #36 until it intersects with the Butts County - Newton County Line; thence north and west along the Butts County - Newton County Line and south and west along the Butts County - Henry County Line and the Butts County - Spalding County Line. Section 2. Each member of the Butts County Board of Education shall be required to reside within the district from which such member is elected and such member shall be elected in any election, whether it be a primary, run-off, special, or general election, solely by the voters who reside in such education district. Section 3. (a) A. T. Presley shall continue to hold the office in which he was serving on July 1, 1987, until December 31, 1988, and until the initial member from Education District No. 5 is elected and qualified as provided for in Section 4 of this Act. (b) Dr. Tom O'Dell shall not continue to hold the office in which he was serving on July 1, 1987, until the expiration of his term of office on March 31, 1989. He shall continue to hold
4925
such office only until December 31, 1988, and until the initial member from Education District No. 3 is elected and qualified as provided for in Section 4 of this Act. (c) The other three members of the board in office on July 1, 1987, shall not continue to hold office until the expiration of their respective terms of office. They shall continue to hold office only until December 31, 1990, and until the initial members from Education Districts No. 1, 2, and 4 are elected and qualified as provided for in Section 4 of this Act. Section 4. (a) The initial members elected from Education Districts No. 3 and 5 shall be elected at the general election in 1988 for a term of four years and until their successors are elected and qualified. Such members shall take office on January 1, 1989. The initial members elected from Education Districts No. 1, 2, and 4 shall be elected at the general election in 1990 for a term of four years and until their successors are elected and qualified. Such members shall take office on January 1, 1991. (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 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 occurring 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 education 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.
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Section 8. The Butts County Board of Education created by this Act shall be the successor to all the rights, powers, duties, and obligations of the former Butts County Board of Education appointed by the grand jury of Butts County and shall be subject to all constitutional and statutory provisions relating to county boards of education. Section 9. (a) The school superintendent of Butts County in office on January 1, 1988, shall continue to hold office until the expiration of the present term of office to which he was elected and until his successor is appointed and qualified. Thereafter, the school superintendent of Butts County shall be appointed by the Butts County Board of Education for a term which shall be contractually agreed upon by the board of education and the school superintendent and which shall be for not more than four years. No such contract shall preclude the removal of the school superintendent during a term of office in any manner authorized by statute, and any such contract shall provide that the board may remove the school superintendent from office for good cause after notice and hearing. (b) Beginning January 1, 1989, 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. An Act to provide that the grand jury selecting members of the county board of education of Butts County shall be authorized to select two members from certain militia districts, approved April 10, 1971 (Ga. L. 1971, p. 3762), as amended by an Act approved March 13, 1978 (Ga. L. 1978, p. 3368) and an Act approved March 14, 1983 (Ga. L. 1983, p. 3940) is repealed in its entirety.
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Section 12. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Butts County shall call and conduct an election for the purpose of submitting this Act to the electors of the Butts 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 Butts County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that the board of education of Butts County shall be elected by the voters of the Butts County School District rather than continue to be appointed by the grand jury, which lengthens and shortens the terms of office of several present members of the board, and which provides that the school superintendent shall be appointed by the board of education rather than continue to be elected by the voters of the Butts 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, 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 Butts County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 13. All laws and parts of laws in conflict with this Act are repealed.
4928
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia a bill to provide for the election of the members of the Butts County Board of Education; to provide for election districts; to provide for qualification; to provide for present members of the Board; to provide for certain temporary members of the Board; to provide for elections and terms of office; to provide for vacancies; to provide for certain election procedures; to provide meetings; to provide for the election of the chairman; to provide for succession to certain rights, powers, duties, and obligations; to provide for the appointment of the school superintendent of Butts County by the Butts County Board of Education; to providE for terms of office; to provide for vacancies; to provide for the School Superintendent in office on January 1, 1988; to provide for compensation; to provide for applicability of certain laws; to provide for the specific repeal of certain local acts; to provide for a referendum; and for other purposes. This 9th day of February, 1987. Larry Smith Representative, 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 11, 1987. /s/ Larry Smith Representative, 78th District
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Sworn to and subscribed before me, this 17th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987. CAMDEN COUNTY BOARD OF COMMISSIONERS; ELECTIONS; DISTRICTS; TERMS; REFERENDUM. No. 383 (House Bill No. 906). AN ACT To amend an Act creating a Board of Commissioners for Camden County, approved February 26, 1941 (Ga. L. 1941, p. 800), as amended, particularly by an Act approved February 27, 1961 (Ga. L. 1961, p. 2112), so as to provide for legislative intent; to provide for the election of board members from districts by residents of such districts; to provide for district boundaries; to provide residency requirements; to provide selection procedures; to provide for terms of four years; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Except as provided in Sections 6 and 8 of this Act, it is the intent of this Act to implement by local legislation the judgment of the United States District Court for the Southern District of Georgia in the case of Baker v. Gay, civil action no. CV284-37.
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Section 2. An Act creating a Board of Commissioners for Camden County, approved February 26, 1941 (Ga. L. 1941, p. 800), as amended, particularly by an Act approved February 27, 1961 (Ga. L. 1961, p. 2112), 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) There is created the Board of Commissioners of Camden County. The board shall be composed of five members, one from each district as defined in Section 2 of this Act. (b) To be eligible to offer for election to the board, a person must reside within the district from which he offers and shall be in all other respects qualified to hold public office in this state. Upon election, if a member moves such member's residence from the district from which elected, such member's position shall automatically become vacant. (c) Each district position on the board of commissioners shall be elected only by the qualified voters voting in the respective district. Section 3. Said Act is further amended by striking in its entirety Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. (a) For the purpose of electing members of the board of commissioners, Camden County shall be divided into five commissioner districts as follows: Commissioner District 1: All of those tracts or parcels of land comprising the First Voter, Commission and School Board District of Camden County, Georgia lying and being in the 31st, 32nd and 1606th G.M. Districts of said Camden County and being more fully described as follows, to wit: POINT OF BEGINNING is the intersection of U.S. Highway 17 (aka Bedell Avenue) and the northerly limits of the City of Woodbine; thence proceed in a southerly direction along said Highway centerline to the point of intersection with the centerline of 8th Street; thence proceed
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in a westerly direction along said centerline of 8th Street to the point of intersection with the centerline of Godley Avenue; thence proceed in a southwesterly direction along said centerline of Godley Avenue to the point of intersection with the westerly limits of the City of Woodbine; thence proceed in a southerly direction along said west city limits line to the point of intersection with the south city limits of the City of Woodbine; thence proceed in an easterly direction along said south city limits line to the point of intersection with the westerly limits of the City of Woodbine; thence proceed in a northerly direction along said west city limits to the point of intersection with the centerline of Georgia Spur 25; thence proceed in an easterly direction along said centerline of Georgia Spur 25 to the point of intersection with the centerline of Interstate Highway 95; thence proceed in a southerly direction along said interstate centerline to the point of intersection with the centerline of the Billyville Road; thence proceed in a westerly direction along said centerline of the Billyville Road to the point of intersection with U.S. Highway 17; thence proceed in a southerly direction along said centerline of U.S. Highway 17 to the point of intersection with the centerline of the Harriett's Bluff Road; thence proceed in an easterly direction along said centerline of Harriett's Bluff Road to the point of intersection with the centerline of Interstate Highway 95; thence proceed in a southerly direction along said centerline of Interstate Highway 95 to the point of intersection with the centerline of Georgia Highway 40 (aka East King Street) said point of intersection being in the City of Kingsland; thence proceed in a westerly direction along said centerline of Georgia Highway 40 to the point of intersection with the centerline of North East Street; thence proceed in a northerly direction along said centerline of North East Street to the point of intersection with the centerline of East Lilly; thence proceed in a westerly direction along said centerline of East Lilly Street to the point of intersection with the centerline of North May Street; thence proceed along said centerline of North May Street to the point of intersection with this centerline of East Hilton Street; thence proceed along said centerline of East Hilton Street to the point of intersection with the centerline of U.S. Highway 17 (aka North
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Lee Street) and the centerline of West Hilton Street; thence proceed in a westerly direction along said centerline of West Hilton Street to the point of intersection with the centerline of North Arizona Street; thence proceed in a southerly direction along said centerline of North Arizona Street to the point of intersection with the centerline of West Lilly Street; thence proceed in a westerly direction along said centerline of West Lilly Street to the point of intersection with the centerline of North West Street; thence proceed in a southerly direction along said centerline of North West Street to the point of intersection with Georgia Highway 40 (aka West King Street); thence proceed in a westerly direction along said centerline of Georgia Highway 40, leaving the City limits of Kingsland, and proceed in a westerly direction to the point of intersection with the Camden/Charlton County line; then proceed in a northerly direction along said Camden/Charlton County line to the point of intersection with the centerline of the Big Satilla River; thence proceed in an easterly direction along said centerline of Big Satilla River to the point of intersection with the centerline of U.S. Highway 17 (aka Bedell Avenue) and north limits of the City of Woodbine which was the point of beginning. Commissioner District 2: All of those tracts or parcels of land comprising the First Voter, Commission and School Board District of Camden County, Georgia, lying and being in the 30th, 33rd and 270th G.M. Districts and being more fully described as follows, to wit: Point of beginning is the intersection of the centerline of U.S. Highway 17 and the centerline of the Big Satilla River; thence proceed in a westerly direction along said centerline of Big Satilla River to the point of intersection with the Camden/Charlton County Line (said County line being the centerline of the Big Satilla River): thence proceed in a northerly direction along said Camden/Charlton County Line to the point of intersection with the Brantley County line; thence proceed in a northerly direction along said Camden/Brantley County line (said County line being the centerline of the Big Satilla River) to the point on upper Hog Pen Bluff where the Camden/Brantley
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County line leaves the Big Satilla River; thence proceed in an easterly direction along said Camden/Brantley County line to the point of intersection with the Glynn County line, said point of intersection being the centerline of the Little Satilla River; thence proceed in an easterly direction along said centerline of Little Satilla River to the point where it intersects with the centerline of Big Satilla River and the centerline of Cumberland River; thence proceed in a southerly direction along said centerline of Cumberland River to a point that is perpendicular to the north shore of Cumberland Island; thence, making a 90 degree turn to the east, proceed along said perpendicular line to the north shore of Cumberland Island; thence proceed in an easterly direction along the shore of said Cumberland Island to the Atlantic Ocean; thence proceed in a southerly direction along the east shore of Cumberland Island to a point which is opposite to the centerline of Cumberland sound; thence proceed south to the centerline of Cumberland Sound; thence proceed in a westerly direction along said centerline of Cumberland Sound to a point that is perpendicular to the northwest shore of Cumberland Sound; thence, making a 90 degree turn to the north proceed in a northerly direction along said perpendicular line to the northwest shoreline of Cumberland Sound; thence proceed in a northerly direction along said northwest shoreline to the point of intersection with the shoreline of Kings Bay; thence proceed in a northerly direction from the shoreline of Kings Bay following the marsh line to a point that is opposite to the centerline of Crooked River; thence proceed in a northerly direction to the centerline of Crooked River; thence proceed in an easterly direction along said centerline of Crooked River to the point of intersection with the centerline of Cumberland River; thence proceed in a northerly direction along said centerline of Cumberland River to a point that is perpendicular with Cabin Bluff; thence, making a 90 degree turn to the west, proceed along said perpendicular line to the marsh line at Cabin Bluff; thence proceed along said marsh line from Cabin Bluff to Horse Pen Bluff on the westerly bank of Floyd Creek; thence proceed in a northerly direction along said westerly bank of Floyd Creek to a point that is opposite to the centerline of Floyd Cut; thence proceed in a northerly direction to the centerline of Floyd Cut; thence proceed in a northerly direction
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along said centerline of Floyd Cut to the point of intersection with the centerline of Big Satilla River; thence proceed in a westerly direction along said centerline of Big Satilla River to the point of intersection with Interstate 95; thence proceed in a southerly direction along said centerline of Interstate 95 to the point of intersection with the centerline of Georgia Spur 25; thence proceed in a westerly direction along said centerline of Spur 25 to the point of intersection with the east City Limits of Woodbine; thence proceed in a southerly direction along said east City Limits line to the point of intersection with the south City Limits of Woodbine; thence proceed in a westerly direction along said south City Limits to the point of intersection with the west City Limits of Woodbine; thence proceed in a northerly direction along said west City Limits to the point of intersection with the centerline of Godley Avenue, thence proceed in a northerly direction along said centerline of Godley Avenue to the point of intersection with the centerline of 8th Street; thence proceed in an easterly direction along said centerline of 8th Street to the point of intersection with U.S. Highway 17 (aka Bedell Avenue); thence proceed in a northerly direction along said centerline of U.S. Highway 17 to the point of intersection with the centerline of Big Satilla River which was the point of beginning. Commissioner District 3: All of those tracts or parcels of land comprising the third Voter, Commission, and School Board District of Camden County, Georgia lying and being in the 29th and 31st G.M. Districts, and being more fully described as follows, to wit: POINT OF BEGINNING is the intersection of the centerline U. S. Highway 17 and the centerline of the Harrietts Bluff Road; thence proceed in a northerly direction along said centerline of U. S. Highway 17 to the point of intersection with the centerline of the Billyville Road; thence proceed in an easterly direction along said centerline of Billyville Road to the point of intersection with the centerline of Interstate 95; thence proceed in a northerly direction along said centerline of Interstate
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95 to the point of intersection with the centerline of Big Satilla River; thence proceed in an easterly direction along said centerline of Big Satilla River to the point of intersection with the centerline of Floyd Cut; thence proceed in a southeasterly direction along said centerline of Floyd Cut to a point that is opposite to the west bank of Floyd Creek; thence proceed in a southerly direction to said opposite point; thence proceed in a southerly direction along said west bank of Floyd Creek to Horse Pen Bluff; thence proceed along the marsh line from said Horse Pen Bluff to the west bank of Cumberland River at Cabin Bluff; thence proceed in an easterly direction to the centerline of Cumberland River; thence proceed in a southerly direction along said centerline of Cumberland River to the point of intersection with the centerline of Crooked River; thence proceed in a westerly direction along said centerline of Crooked River to a point that is perpendicular to the easternmost point of Crooked River State Park; thence, making a 90 degree turn to the south, proceed to said easternmost point of Crooked River State Park; thence proceed along the marsh line to the southwesterly bank of Kings Bay; thence proceed in a southerly direction along said southwesterly bank of Kings Bay to the west shoreline of Cumberland Sound; thence proceed in a southerly direction along said west bank of Cumberland Sound to a point that is opposite the centerline of the St. Marys River; thence proceed from said point to the centerline of St. Marys River; thence proceed in a westerly direction along said centerline of St. Marys River to the point of intersection with the centerline of North River; thence proceed in a northerly direction along said centerline of North River to the point where the centerline of Boundary Street would (if extended) intersect with the centerline of said River; thence proceed in a westerly direction from said point of intersection to the centerline of Boundary Street; thence proceed in a westerly direction along said centerline of Boundary Street to the point of intersection with the centerline of Ready Street; thence proceed in a southerly direction along said centerline of Ready Street to the point of intersection with the centerline of North Street; thence proceed in a westerly direction along said centerline of North Street to the point of intersection with the centerline of
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Wheeler Street; thence proceed in a southerly direction along said centerline of Wheeler Street to the point of intersection with the centerline of Finley Street; thence proceed in a westerly direction along said centerline of Finley Street to the point of intersection with the centerline of Georgia Highway 40 (aka Osborne Street); thence proceed in a westerly direction along said centerline of Osborne Street to the point of intersection with the centerline of St. Marys Railroad Kings Bay Spur; thence proceed in a northerly direction along said Railroad centerline to the point of intersection with the centerline of Kings Bay Road; thence proceed in a southwesterly direction along said centerline of Kings Bay Road to the point of intersection with the centerline of Colerain Road; thence proceed in a westerly direction along said centerline of Colerain Road to the point of intersection with the centerline of Interstate 95; thence proceed in a northerly direction along said centerline of Interstate 95 to the point of intersection with the centerline of the Harrietts Bluff Road; thence proceed in a westerly direction along said centerline of Harrietts Bluff Road to the point of intersection with the centerline of U.S. Highway 17 which was the point of beginning. Commissioner District 4: All of those tracts or parcels of land comprising the Fourth Voter, Commission, and School Board District of Camden County, Georgia, lying and being in the 29th G.M. District and being more fully described as follows to wit: POINT-OF-BEGINNING is the intersection of the centerline of Dark Entry Creek and the centerline of Georgia Highway 40 (aka Osborne Road), thence proceed in an easterly direction along said centerline of Highway 40 to the point of intersection with the centerline of Findley Street; thence proceed in an easterly direction along said centerline of Findley Street to the point of intersection with the centerline of Wheeler Street; thence proceed in a northerly direction along said centerline of Wheeler Street to the point of intersection with the centerline of North Street; thence proceed in an easterly direction
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along said centerline of North Street to the point of intersection with the centerline of Ready Street; thence proceed in a northerly direction along said centerline of Ready Street to the point of intersection with the centerline of Boundary Street; thence proceed in an easterly direction along said centerline of Boundary Street to the point where said centerline would, if extended, intersect with the centerline of North River; thence proceed in a southerly direction along said centerline of North River to the point of intersection with the centerline of the St. Marys River; thence proceed in a westerly direction along said centerline of St. Marys River to the point of intersection with the original west City Limits of St. Marys; thence proceed in a northerly direction along said west City Limits to the point of intersection with the centerline of Borrell Creek; thence proceed in a southwesterly direction along said centerline of Borrell Creek to the point of intersection with the centerline of Dark Entry Creek; thence proceed in a northerly direction along said centerline of Dark Entry Creek to the point of intersection with the centerline of Georgia Highway 40 (aka Osborne Road) which was the point of beginning. Commissioner District 5: All of those tracts or parcels of land comprising the Fifth Voter, Commission, and School Board District of Camden County, Georgia, lying in the 32nd, 1606th and 29th G.M. Districts, and being more fully described as follows, to wit: POINT-OF-BEGINNING is the intersection of the centerline of the St. Marys River and the original west City Limits of St. Marys, Georgia; thence proceed in a westerly direction along said centerline of river to the point of intersection with the westerly Camden County line; thence proceed in a northerly direction along said westerly County line to the point of intersection with the centerline of Georgia Highway 40; thence proceed in an easterly direction along said centerline of Highway 40 to the point of intersection with the west City Limits of Kingsland, Georgia; thence proceed in an easterly direction along said centerline of Georgia Highway 40 (aka
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West King Street) to the point of intersection with the centerline of North West Street; thence proceed in a northerly direction along said centerline of North West Street to the point of intersection with the centerline of West Lilly Street; thence proceed in an easterly direction along said centerline of West Lilly Street to the point of intersection with North Arizona Street; thence proceed in a northerly direction along said centerline of North Arizona Street to the point of intersection with the centerline of West Hilton Street; thence proceed in an easterly direction along said centerline of West Hilton Street to the point of intersection with U.S. Highway 17 (aka North Lee Street) and East Hilton Street; thence proceed in an easterly direction along said centerline of East Hilton Street to the point of intersection with the centerline of North May Street; thence proceed in a southerly direction along said centerline of North May Street to the point of intersection with East Lilly Street; thence proceed in an easterly direction along said centerline of East Lilly Street to the point of intersection with the centerline of North East Street; thence proceed in a southerly direction along said centerline of North East Street to the point of intersection with the centerline of Georgia Highway 40 (aka East King Street); thence proceed in an easterly direction along said centerline of Georgia Highway 40 to the point of intersection with Interstate 95; thence proceed in a northerly direction along said centerline of Interstate 95 to the point of intersection with the centerline of the Colerain Road; thence proceed in an easterly direction along said centerline of Colerain Road to the point of intersection with the centerline of the Kings Bay Road; thence proceed in a northeasterly direction along said centerline of Kings Bay Road to the point of intersection with the centerline of the St. Marys Railroad Kings Bay Spur; thence proceed in a southerly direction along said centerline of railroad to the point of intersection with the centerline of Georgia Highway 40; thence proceed in an easterly direction along said centerline of Georgia Highway 40 to the point of intersection with the centerline of Dark Entry Creek; thence proceed in a southerly direction along said centerline of Dark Entry Creek to the Point of Intersection with the Centerline of Borrell Creek; thence proceed in a southeasterly direction along
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said centerline of Borrell Creek to the point of intersection with the original west City Limits of the City of St. Marys; thence proceed in a southerly direction along said west City Limits to the point of intersection with the centerline of the St. Marys River which was the point of beginning. (b) Any part of Camden County which is not included in any commissioner district described in this section shall be included in that district contiguous to such part which contains the least population according to the 1980 United States decennial census or any future such census. Section 4. Said Act is further amended by striking in its entirety Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. (a) In order to qualify for office as a member of the board of commissioners, a person must be a registered voter entitled to vote for members of the General Assembly, must have resided in Camden County for at least one year immediately preceding the date of such person's election, and must have resided in the district which the person seeks to represent for at least six months immediately preceding the date of such person's election. (b) Only the electors of a district shall be entitled to vote for candidates seeking membership on the board of commissioners from that district. (c) Commissioners shall be elected at the November general election and shall take office on January 1 following such election. Section 5. 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. (a) The members of the board of commissioners in office on January 1, 1987, shall continue in office for the terms to which they were elected. (b) At the general election to be held in November, 1988, and biennially thereafter, there shall be elected the five members
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of the board of commissioners from the districts described in Section 2 of this Act. Members elected shall take office on January 1 following the election for terms of two years and until successors are elected and qualified. Successors shall be elected at the general election next preceding the expiration of terms of office. Section 6. Said Act is further amended by inserting immediately following Section 4 a new section, to be designated Section 4.1, to read as follows: Section 4.1. (a) The members of the board of commissioners in office on January 1, 1987, shall continue in office for the terms to which they were elected. (b) At the general election to be held in November, 1988, there shall be elected the five members of the board of commissioners from the districts described in Section 2 of this Act. The members elected from Districts 2 and 4 shall take office on January 1 following the election for terms of two years and until successors are elected and qualified. The members elected from Districts 1, 3, and 5 shall take office on January 1 following the election for terms of four years and until successors are elected and qualified. Thereafter, successors shall be elected at the general election next preceding the expiration of terms of office and shall take office on January 1 following the election for terms of four years and until successors are elected and qualified. Section 7. Said Act is further amended by striking in its entirety Section 9 and inserting in its place a new Section 9 to read as follows: Section 9. The day for the regular meeting of the board shall be the first Tuesday of the month. Section 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Camden County shall call and conduct an election as provided in this section for the purpose of submitting Section 6 of this Act to the electors of Camden County for approval or rejection. The election superintendent shall conduct that election in conjunction with the presidential preference primary on March 8, 1988, and
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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 Camden County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for staggered four-year terms for the Board of Commissioners of Camden County? 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 Section 6 of this Act, it shall become of full force and effect immediately and Section 5 of this Act shall be repealed in its entirety. If Section 6 of this Act is not so approved or if the election is not conducted as provided in this section, Section 6 shall be automatically repealed. The expense of such election shall be borne by Camden County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 9. (a) Except for Section 6 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 6 of this Act shall become effective as provided in Section 8 of this Act. If Section 6 becomes effective, Section 5 shall stand repealed in its entirety. 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 regular 1987 General Assembly of Georgia a bill to amend an act creating the Board of Commissioners of Camden County, appearing February
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26, 1941 (Georgia Law 1941, p. 800), as amended; and for other purposes. This 9th day of February, 1987. Harry D. Dixon Representative 151 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 12, 1987. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987.
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CAMDEN COUNTY BOARD OF EDUCATION; ELECTIONS; DISTRICTS; TERMS; REFERENDUM; ACT CONTINUING LOCAL CONSTITUTIONAL AMENDMENT REPEALED. No. 384 (House Bill No. 907). AN ACT To provide for the Board of Education of Camden County; to provide for legislative intent; to provide for the election of board members from districts by residents of such districts; to provide for district boundaries; to provide residency requirements; to provide selection procedures; to provide for terms of four years; to provide for a referendum; to provide effective dates; to repeal specific laws; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Except as provided in Sections 6 and 7 of this Act, it is the intent of this Act to implement by local legislation the judgment of the United States District Court for the Southern District of Georgia in the case of Baker v. Gay, civil action no. CV284-37. Section 2. (a) The Board of Education of Camden County shall be composed of five members, one from each district as defined in Section 3 of this Act. (b) To be eligible to offer for election to the board, a person must reside within the district from which he offers and shall be in all other respects qualified to hold public office in this state. Upon election, if a member moves such member's residence from the district from which elected, such member's position shall automatically become vacant. (c) Each district position on the board of education shall be elected only by the qualified voters voting in the respective district.
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Section 3. (a) For the purpose of electing members of the board of education, Camden County shall be divided into five education districts as follows: Education District 1: All of those tracts or parcels of land comprising the First Voter, Commission and School Board District of Camden County, Georgia lying and being in the 31st, 32nd and 1606th G.M. Districts of said Camden County and being more fully described as follows, to wit: POINT OF BEGINNING is the intersection of U.S. Highway 17 (aka Bedell Avenue) and the northerly limits of the City of Woodbine; thence proceed in a southerly direction along said Highway centerline to the point of intersection with the centerline of 8th Street; thence proceed in a westerly direction along said centerline of 8th Street to the point of intersection with the centerline of Godley Avenue; thence proceed in a southwesterly direction along said centerline of Godley Avenue to the point of intersection with the westerly limits of the City of Woodbine; thence proceed in a southerly direction along said west city limits line to the point of intersection with the south city limits of the City of Woodbine; thence proceed in an easterly direction along said south city limits line to the point of intersection with the westerly limits of the City of Woodbine; thence proceed in a northerly direction along said west city limits to the point of intersection with the centerline of Georgia Spur 25; thence proceed in an easterly direction along said centerline of Georgia Spur 25 to the point of intersection with the centerline of Interstate Highway 95; thence proceed in a southerly direction along said interstate centerline to the point of intersection with the centerline of the Billyville Road; thence proceed in a westerly direction along said centerline of the Billyville Road to the point of intersection with U.S. Highway 17; thence proceed in a southerly direction along said centerline of U.S. Highway 17 to the point of intersection with the centerline of the Harriett's Bluff Road; thence proceed in an easterly direction along said centerline of Harriett's Bluff Road to the point of intersection with the centerline of Interstate Highway 95; thence proceed in a southerly direction along said centerline of Interstate Highway 95 to the point of intersection
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with the centerline of Georgia Highway 40 (aka East King Street) said point of intersection being in the City of Kingsland; thence proceed in a westerly direction along said centerline of Georgia Highway 40 to the point of intersection with the centerline of North East Street; thence proceed in a northerly direction along said centerline of North East Street to the point of intersection with the centerline of East Lilly; thence proceed in a westerly direction along said centerline of East Lilly Street to the point of intersection with the centerline of North May Street; thence proceed along said centerline of North May Street to the point of intersection with this centerline of East Hilton Street; thence proceed along said centerline of East Hilton Street to the point of intersection with the centerline of U.S. Highway 17 (aka North Lee Street) and the centerline of West Hilton Street; thence proceed in a westerly direction along said centerline of West Hilton Street to the point of intersection with the centerline of North Arizona Street; thence proceed in a southerly direction along said centerline of North Arizona Street to the point of intersection with the centerline of West Lilly Street; thence proceed in a westerly direction along said centerline of West Lilly Street to the point of intersection with the centerline of North West Street; thence proceed in a southerly direction along said centerline of North West Street to the point of intersection with Georgia Highway 40 (aka West King Street); thence proceed in a westerly direction along said centerline of Georgia Highway 40, leaving the City limits of Kingsland, and proceed in a westerly direction to the point of intersection with the Camden/Charlton County line; then proceed in a northerly direction along said Camden/Charlton County line to the point of intersection with the centerline of the Big Satilla River; thence proceed in an easterly direction along said centerline of Big Satilla River to the point of intersection with the centerline of U.S. Highway 17 (aka Bedell Avenue) and north limits of the City of Woodbine which was the point of beginning. Education District 2: All of those tracts or parcels of land comprising the First Voter, Commission and School Board District of Camden County, Georgia, lying and being in the 30th, 33rd and 270th G.M. Districts and being more fully described as follows, to wit:
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Point of beginning is the intersection of the centerline of U.S. Highway 17 and the centerline of the Big Satilla River; thence proceed in a westerly direction along said centerline of Big Satilla River to the point of intersection with the Camden/Charlton County Line (said County line being the centerline of the Big Satilla River): thence proceed in a northerly direction along said Camden/Charlton County Line to the point of intersection with the Brantley County line; thence proceed in a northerly direction along said Camden/Brantley County line (said County line being the centerline of the Big Satilla River) to the point on upper Hog Pen Bluff where the Camden/Brantley County line leaves the Big Satilla River; thence proceed in an easterly direction along said Camden/Brantley County line to the point of intersection with the Glynn County line, said point of intersection being the centerline of the Little Satilla River; thence proceed in an easterly direction along said centerline of Little Satilla River to the point where it intersects with the centerline of Big Satilla River and the centerline of Cumberland River; thence proceed in a southerly direction along said centerline of Cumberland River to a point that is perpendicular to the north shore of Cumberland Island; thence, making a 90 degree turn to the east, proceed along said perpendicular line to the north shore of Cumberland Island; thence proceed in an easterly direction along the shore of said Cumberland Island to the Atlantic Ocean; thence proceed in a southerly direction along the east shore of Cumberland Island to a point which is opposite to the centerline of Cumberland Sound; thence proceed south to the centerline of Cumberland Sound; thence proceed in a westerly direction along said centerline of Cumberland Sound to a point that is perpendicular to the northwest shore of Cumberland Sound; thence, making a 90 degree turn to the north proceed in a northerly direction along said perpendicular line to the northwest shoreline of Cumberland Sound; thence proceed in a northerly direction along said northwest shoreline to the point of intersection with the shoreline of Kings Bay; thence proceed in a northerly direction from the shoreline of Kings Bay following the marsh line to a point that is opposite to the centerline of Crooked River; thence proceed in a northerly direction to the centerline of Crooked River; thence proceed in an easterly direction along said centerline of Crooked River to the point of intersection with the centerline of Cumberland
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River; thence proceed in a northerly direction along said centerline of Cumberland River to a point that is perpendicular with Cabin Bluff; thence, making a 90 degree turn to the west, proceed along said perpendicular line to the marsh line at Cabin Bluff; thence proceed along said marsh line from Cabin Bluff to Horse Pen Bluff on the westerly bank of Floyd Creek; thence proceed in a northerly direction along said westerly bank of Floyd Creek to a point that is opposite to the centerline of Floyd Cut; thence proceed in a northerly direction to the centerline of Floyd Cut; thence proceed in a northerly direction along said centerline of Floyd Cut to the point of intersection with the centerline of Big Satilla River; thence proceed in a westerly direction along said centerline of Big Satilla River to the point of intersection with Interstate 95; thence proceed in a southerly direction along said centerline of Interstate 95 to the point of intersection with the centerline of Georgia Spur 25; thence proceed in a westerly direction along said centerline of Spur 25 to the point of intersection with the east City Limits of Woodbine; thence proceed in a southerly direction along said east City Limits line to the point of intersection with the south City Limits of Woodbine; thence proceed in a westerly direction along said south City Limits to the point of intersection with the west City Limits of Woodbine; thence proceed in a northerly direction along said west City Limits to the point of intersection with the centerline of Godley Avenue, thence proceed in a northerly direction along said centerline of Godley Avenue to the point of intersection with the centerline of 8th Street; thence proceed in an easterly direction along said centerline of 8th Street to the point of intersection with U.S. Highway 17 (aka Bedell Avenue); thence proceed in a northerly direction along said centerline of U.S. Highway 17 to the point of intersection with the centerline of Big Satilla River which was the point of beginning. Education District 3: All of those tracts or parcels of land comprising the third Voter, Commission, and School Board District of Camden County, Georgia lying and being in the 29th and 31st G.M. Districts, and being more fully described as follows, to wit: POINT OF BEGINNING is the intersection of the centerline U. S. Highway 17 and the centerline of the Harrietts
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Bluff Road; thence proceed in a northerly direction along said centerline of U. S. Highway 17 to the point of intersection with the centerline of the Billyville Road; thence proceed in an easterly direction along said centerline of Billyville Road to the point of intersection with the centerline of Interstate 95; thence proceed in a northerly direction along said centerline of Interstate 95 to the point of intersection with the centerline of Big Satilla River; thence proceed in an easterly direction along said centerline of Big Satilla River to the point of intersection with the centerline of Floyd Cut; thence proceed in a southeasterly direction along said centerline of Floyd Cut to a point that is opposite to the west bank of Floyd Creek; thence proceed in a southerly direction to said opposite point; thence proceed in a southerly direction along said west bank of Floyd Creek to Horse Pen Bluff; thence proceed along the marsh line from said Horse Pen Bluff to the west bank of Cumberland River at Cabin Bluff; thence proceed in an easterly direction to the centerline of Cumberland River; thence proceed in a southerly direction along said centerline of Cumberland River to the point of intersection with the centerline of Crooked River; thence proceed in a westerly direction along said centerline of Crooked River to a point that is perpendicular to the easternmost point of Crooked River State Park; thence, making a 90 degree turn to the south, proceed to said easternmost point of Crooked River State Park; thence proceed along the marsh line to the southwesterly bank of Kings Bay; thence proceed in a southerly direction along said southwesterly bank of Kings Bay to the west shoreline of Cumberland Sound; thence proceed in a southerly direction along said west bank of Cumberland Sound to a point that is opposite the centerline of the St. Marys River; thence proceed from said point to the centerline of St. Marys River; thence proceed in a westerly direction along said centerline of St. Marys River to the point of intersection with the centerline of North River; thence proceed in a northerly direction along said centerline of North River to the point where the centerline of Boundary Street would (if extended) intersect with the centerline of said River; thence proceed in a westerly direction from said point of intersection to the centerline of Boundary Street; thence proceed in a westerly direction along said centerline of Boundary Street to the point of intersection with the centerline of Ready Street; thence proceed in a
4949
southerly direction along said centerline of Ready Street to the point of intersection with the centerline of North Street; thence proceed in a westerly direction along said centerline of North Street to the point of intersection with the centerline of Wheeler Street; thence proceed in a southerly direction along said centerline of Wheeler Street to the point of intersection with the centerline of Finley Street; thence proceed in a westerly direction along said centerline of Finley Street to the point of intersection with the centerline of Georgia Highway 40 (aka Osborne Street); thence proceed in a westerly direction along said centerline of Osborne Street to the point of intersection with the centerline of St. Marys Railroad Kings Bay Spur; thence proceed in a northerly direction along said Railroad centerline to the point of intersection with the centerline of Kings Bay Road; thence proceed in a southwesterly direction along said centerline of Kings Bay Road to the point of intersection with the centerline of Colerain Road; thence proceed in a westerly direction along said centerline of Colerain Road to the point of intersection with the centerline of Interstate 95; thence proceed in a northerly direction along said centerline of Interstate 95 to the point of intersection with the centerline of the Harrietts Bluff Road; thence proceed in a westerly direction along said centerline of Harrietts Bluff Road to the point of intersection with the centerline of U. S. Highway 17 which was the point of beginning. Education District 4: All of those tracts or parcels of land comprising the Fourth Voter, Commission, and School Board District of Camden County, Georgia, lying and being in the 29th G.M. District and being more fully described as follows to wit: POINT-OF-BEGINNING is the intersection of the centerline of Dark Entry Creek and the centerline of Georgia Highway 40 (aka Osborne Road), thence proceed in an easterly direction along said centerline of Highway 40 to the point of intersection with the centerline of Findley Street; thence proceed in an easterly direction along said centerline of Findley Street to the point of intersection with the centerline of Wheeler Street; thence proceed in a northerly direction along said centerline of Wheeler Street to the point of intersection
4950
with the centerline of North Street; thence proceed in an easterly direction along said centerline of North Street to the point of intersection with the centerline of Ready Street; thence proceed in a northerly direction along said centerline of Ready Street to the point of intersection with the centerline of Boundary Street; thence proceed in an easterly direction along said centerline of Boundary Street to the point where said centerline would, if extended, intersect with the centerline of North River; thence proceed in a southerly direction along said centerline of North River to the point of intersection with the centerline of the St. Marys River; thence proceed in a westerly direction along said centerline of St. Marys River to the point of intersection with the original west City Limits of St. Marys; thence proceed in a northerly direction along said west City Limits to the point of intersection with the centerline of Borrell Creek; thence proceed in a southwesterly direction along said centerline of Borrell Creek to the point of intersection with the centerline of Dark Entry Creek; thence proceed in a northerly direction along said centerline of Dark Entry Creek to the point of intersection with the centerline of Georgia Highway 40 (aka Osborne Road) which was the point of beginning. Education District 5: All of those tracts or parcels of land comprising the Fifth Voter, Commission, and School Board District of Camden County, Georgia, lying in the 32nd, 1606th and 29th G.M. Districts, and being more fully described as follows, to wit: POINT-OF-BEGINNING is the intersection of the centerline of the St. Marys River and the original west City Limits of St. Marys, Georgia; thence proceed in a westerly direction along said centerline of river to the point of intersection with the westerly Camden County line; thence proceed in a northerly direction along said westerly County line to the point of intersection with the centerline of Georgia Highway 40; thence proceed in an easterly direction along said centerline of Highway 40 to the point of intersection with the west City Limits of Kingsland, Georgia; thence proceed in an easterly direction along said centerline of Georgia Highway 40 (aka West King Street) to the point of intersection with the centerline of North West Street; thence proceed in a northerly
4951
direction along said centerline of North West Street to the point of intersection with the centerline of West Lilly Street; thence proceed in an easterly direction along said centerline of West Lilly Street to the point of intersection with North Arizona Street; thence proceed in a northerly direction along said centerline of North Arizona Street to the point of intersection with the centerline of West Hilton Street; thence proceed in an easterly direction along said centerline of West Hilton Street to the point of intersection with U.S. Highway 17 (aka North Lee Street) and East Hilton Street; thence proceed in an easterly direction along said centerline of East Hilton Street to the point of intersection with the centerline of North May Street; thence proceed in a southerly direction along said centerline of North May Street to the point of intersection with East Lilly Street; thence proceed in an easterly direction along said centerline of East Lilly Street to the point of intersection with the centerline of North East Street; thence proceed in a southerly direction along said centerline of North East Street to the point of intersection with the centerline of Georgia Highway 40 (aka East King Street); thence proceed in an easterly direction along said centerline of Georgia Highway 40 to the point of intersection with Interstate 95; thence proceed in a northerly direction along said centerline of Interstate 95 to the point of intersection with the centerline of the Colerain Road; thence proceed in an easterly direction along said centerline of Colerain Road to the point of intersection with the centerline of the Kings Bay Road; thence proceed in a northeasterly direction along said centerline of Kings Bay Road to the point of intersection with the centerline of the St. Marys Railroad Kings Bay Spur; thence proceed in a southerly direction along said centerline of railroad to the point of intersection with the centerline of Georgia Highway 40; thence proceed in an easterly direction along said centerline of Georgia Highway 40 to the point of intersection with the centerline of Dark Entry Creek; thence proceed in a southerly direction along said centerline of Dark Entry Creek to the Point of Intersection with the Centerline of Borrell Creek; thence proceed in a southeasterly direction along said centerline of Borrell Creek to the point of intersection with the original west City Limits of the City of St. Marys; thence proceed in a southerly direction along said west City Limits to the point of intersection with the centerline of the St. Marys River which was the point of beginning.
4952
(b) Any part of Camden County which is not included in any education district described in this section shall be included in that district contiguous to such part which contains the least population according to the 1980 United States decennial census or any future such census. Section 4. (a) In order to qualify for office as a member of the board of education, a person must be a registered voter entitled to vote for members of the General Assembly, must have resided in Camden County for at least one year immediately preceding the date of such person's election, and must have resided in the district which the person seeks to represent for at least six months immediately preceding the date of such person's election. (b) Only the electors of a district shall be entitled to vote for candidates seeking membership on the board of education from that district. (c) Members of the board of education shall be elected at the November general election and shall take office on January 1 following such election. Section 5. (a) The members of the board of education in office on January 1, 1987, shall continue in office for the terms to which they were elected. (b) At the general election to be held in November, 1988, and biennially thereafter, there shall be elected the five members of the board of education from the districts described in Section 3 of this Act. Members elected shall take office on January 1 following the election for terms of two years and until successors are elected and qualified. Successors shall be elected at the general election next preceding the expiration of terms of office. Section 6. (a) The members of the board of education in office on January 1, 1987, shall continue in office for the terms to which they were elected. (b) At the general election to be held in November, 1988, there shall be elected the five members of the board of education from the districts described in Section 3 of this Act. The members elected from Districts 2 and 4 shall take office on January 1 following the election for terms of two years and until successors
4953
are elected and qualified. The members elected from Districts 1, 3, and 5 shall take office on January 1 following the election for terms of four years and until successors are elected and qualified. Thereafter, successors shall be elected at the general election next preceding the expiration of terms of office and shall take office on January 1 following the election for terms of four years and until successors are elected and qualified. Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Camden County shall call and conduct an election as provided in this section for the purpose of submitting Section 6 of this Act to the electors of the Camden County School District for approval or rejection. The election superintendent shall conduct that election in conjunction with the presidential preference primary on March 8, 1988, 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 Camden County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for staggered four-year terms for the Board of Education of Camden County? 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 Section 6 of this Act, it shall become of full force and effect immediately and Section 5 of this Act shall be repealed in its entirety. If Section 6 of this Act is not so approved or if the election is not conducted as provided in this section, Section 6 shall be automatically repealed. The expense of such election shall be borne by Camden County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 8. (a) Except for Section 6 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
4954
(b) Section 6 of this Act shall become effective as provided in Section 7 of this Act. If Section 6 becomes effective, Section 5 shall stand repealed in its entirety. Section 9. That local amendment to the Constitution of this state which was proposed by Resolution Act No. 2 (House Resolution No. 41-99) of the 1961 General Assembly (Ga. L. 1961, p. 597), which was ratified at the 1962 general election, and which relates to providing for the election of the Board of Education of Camden County, Georgia, and that Act approved March 20, 1986 (Ga. L. 1986, p. 4363), which continued in force and effect such amendment, are repealed in their entirety. 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 regular 1987 General Assembly of Georgia a bill to provide for the Board of Education of Camden County; to provide for election and terms of members; to provide residency requirements; to provide qualifications; to provide procedures; to provide for vacancies; to provide for matters relating to the foregoing; to provide for a referendum to repeal specific laws; to repeal conflicting laws; and for other purposes. This 9th day of February, 1987 Harry D. Dixon Representative, District 151 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 12, 1987. /s/ Harry D. Dixon Representative, 151st District
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Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987. COBB COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 385 (House Bill No. 909). 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 20, 1986 (Ga. L. 1986, p. 4157), so as to change the compensation provisions relating to the members of the board of commissioners and 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 20, 1986 (Ga. L. 1986, p. 4157), 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
4956
services as same the sum of $15,000.00 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 $30,000.00 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; (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. 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075); and for other purposes.
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This 5th day of Jan., 1987. /s Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES 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 9, 1987. /s/ Bill Cooper Representative, 20th District Sworn to and subscribed before me, this 20th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987.
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CATOOSA COUNTY SHERIFF; COMPENSATION; BUDGETS. No. 386 (House Bill No. 930). AN ACT To amend an Act providing for the fiscal administration of the office of the sheriff of Catoosa County, approved March 23, 1977 (Ga. L. 1977, p. 3370), as amended, so as to provide for the compensation of the sheriff; to change the provisions relating to budgets for the sheriff's office; 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 providing for the fiscal administration of the office of the sheriff of Catoosa County, approved March 23, 1977 (Ga. L. 1977, p. 3370), as amended, 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 annual salary of the sheriff of Catoosa County shall be the amount now or hereafter provided for by the provisions of Chapter 16 of Title 15 of the O.C.G.A., relating to the minimum annual salaries of sheriffs. In addition to the annual salary now or hereafter provided for by said general law, the sheriff shall receive an expense allowance of $1,200.00 per annum. The annual salary and expense allowance provided for in this section shall be paid to the sheriff in equal monthly installments from the funds of Catoosa County. Section 2. Said Act is further amended by striking paragraph (5) of subsection (a) of Section 4 in its entirety and substituting in lieu thereof a new paragraph (5) to read as follows: (5) Automobiles and equipment; Section 3. Said Act is further amended by striking subsections (c) through (g) of Section 4 in their entirety and substituting in lieu thereof the following:
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(c) If the county governing authority modifies the budget of the sheriff, it will consult with said officer before making a final determination of such modification. It is specifically provided, however, that the final approval of the budget of the sheriff shall be made by the county governing authority, except to the extent that such budget is limited by the terms of this Act and except as otherwise provided by subsection (e) of this section. Once approved by the county governing authority, said budget shall control county expenditures for the operation of the sheriff's office for the ensuing fiscal year, unless amended as a result of an emergency as provided in subsection (f) of this section. (d) The total expenditures for the operation of the sheriff's office, excluding the cost of operating the county jail and caring for the prisoners therein, shall not exceed $1,200,000.00 per annum. Budgeted funds which are excluded from such limitation shall be expended only for the purpose budgeted. The disbursement of funds to pay for the operation of the sheriff's office, as fixed by the budget, shall be at such periods and pursuant to such procedures, which shall include clear and reasonable documentation, as shall be established by the county governing authority. (e) The sheriff shall budget and the county governing authority shall purchase such automobiles as may be reasonably necessary for the efficient and effective operation of the sheriff's office. The automobiles shall be of a type suitable for police work, and the county governing authority shall provide specifications consistent with such requirement in purchasing automobiles for the sheriff's office. When an automobile used by the sheriff's office has been used for 100,000 miles or more, such automobile shall be replaced by the county governing authority if a replacement automobile is budgeted by the sheriff under paragraph (5) of subsection (a) of this section. Automobiles budgeted for the operation of the sheriff's office shall be purchased by the county governing authority by competitive bid, and the county governing authority shall provide procedures by ordinance or resolution governing the taking of competitive bids for the purchase of such automobiles. (f) The budget for the sheriff's office may be amended and the amount specified under subsection (d) of this section
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may be increased by the county governing authority if an emergency arises which may reasonably require such an amendment to enable the sheriff to carry out effectively the duties and responsibilities of the sheriff's office during such emergency. Section 4. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CATOOSA COUNTY Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who an 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 ONE times, on the issues dated, to-wit: February 11, 1987. /s/ Jim Caldwell Publisher NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be requested local legislation to change the budget of the Catoosa County Sheriff's Department and for other purposes at the January 1987 Session of the General Assembly of the State of Georgia. Ronnie L. Bowman, Sheriff, Catoosa County, Georgia. Sworn to and subscribed before me, this the 11 day of February, 1987 /s/ Juanita Caldwell Notary Public, Georgia, State at Large My Commission Expires Apr. 22, 1989 (SEAL) Approved March 30, 1987.
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HAPEVILLE DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 387 (House Bill No. 931). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Hapeville Development Authority (Res. Act No. 127; S.R. 320; Ga. L. 1982, p. 2524); 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 Hapeville Development Authority (Res. Act No. 127; S.R. 320; Ga. L. 1982, p. 2524) 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 APPLY FOR LOCAL LEGISLATION Notice is hereby given that the City of Hapeville, Georgia, intends to apply for the passage of local legislation in the 1987 Regular Session of the General Assembly of Georgia, which convened January 12, 1987, the title of the Bill to be introduced shall be as follows: An Act to provide for the continuation of an act establishing the Hapeville Development Authority (Ga. Laws 1982, p. 2524
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and Ga. Laws 1982, p. 2618) and Ratified by the 1982 General Election and for other Purposes. This 6th day of February, 1987. Glaze, Fincher Bray, P.C. Kirby A. Glaze Attorney for the Hapeville Development Authority GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. D. Adams, who, on oath, deposes and says that he is Representative from the 36th 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 10, 1987. /s/ G. D. Adams Representative, 36th District Sworn to and subscribed before me, this 18th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987.
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MUSCOGEE COUNTY JUDGE OF THE PROBATE COURT; SALARY. No. 388 (House Bill No. 941). AN ACT To amend an Act establishing the salary of the judge of the Probate Court of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2182), as amended, so as to change the salary of the judge of the Probate Court of Muscogee 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 salary of the judge of the Probate Court of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2182), as amended, 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 salary of the judge of the Probate Court of Muscogee County shall be $40,000.00 per annum. Section 2. This Act shall become effective July 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 January, 1987, session of the General Assembly of Georgia, a bill to change the compensation of the Probate Judge of Muscogee County, Georgia, to provide an effective date, and for other purposes. This 11th day of February, 1987. RUDY JONES Probate Judge Muscogee County, Georgia
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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 13, 1987. /s/ Thomas B. Buck III Representative, 95th District Sworn to and subscribed before me, this 17th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987. CITY OF HOLLY SPRINGS CORPORATE LIMITS. No. 389 (House Bill No. 947). AN ACT To amend an Act to provide a new charter for the City of Holly Springs in the County of Cherokee, approved March 18, 1980 (Ga. L. 1980, p. 3281), 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:
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Section 1. An Act to provide a new charter for the City of Holly Springs in the County of Cherokee, approved March 18, 1980 (Ga. L. 1980, p. 3281), is amended by adding a new subsection (c) to Section 1.02 of said Act to read as follows: (c) In addition to any other property within the corporate limits of the City of Holly Springs, 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 4340+00, then proceeding southerly along the right of way of that highway to the center of Rabbit Hill Rd., referred to on the Highway Plans as Toonigh-Holly Springs Rd., at the center line Station Number 790+42.68 of Interstate Highway 575; thence Southeasterly Along the center of Rabbit Hill Rd to the intersection of State Route 5; thence Northerly along State Route 5 to the point of intersection; with a perpendicular line as extended Right of and Easterly of Said Station number 434+00. In addition, the following streets are to be annexed. Palm Street beginning with the present city limits and extending south to the Lebanon unincorporated city limits a distance of one mile with a right of way of 40 feet. Old Magnolia Street beginning at the present city limits and extending to the bridge a distance of.3 of a mile with the right of way being 40 feet. Hickory Road beginning at the present city limits and extending to Morgan Road a distance of.6 of a mile with a right of way of 80 feet. Morgan Road beginning at the Intersection of Hickory Road and Morgan Road and extending to Toonigh Road a distance of one mile, the right of way being 60 feet. Pinecrest Drive beginning at the present city limits and extending to the intersection of Univeter Road,.6 of a mile, the right of way being 30 feet. Marble Quarry Road beginning at the present city limits and extending.5 miles to the intersection of Rabbit Hill Road, the right of way being 30 feet. Rabbit Hill Road beginning at the intersection of Marble Quarry Road and extending one mile to the intersection of Old Georgia Route 5, a distance of one mile with a 30 foot road right of way. Section 2. All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, so as to extend the corporate limits; to repeal conflicting laws; and for other purposes. This 6 day of February, 1987. William G. Hasty, Sr. Rep., 8th Dist. Allen Prichard, Rep., 8th Dist. Bill Barnett Rep., 10th Dist. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William 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 11, 1987; February 18, 1987. /s/ William G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 19th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987.
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POLK COUNTY TAX COMMISSIONER; COMPENSATION. No. 390 (House Bill No. 962). 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 25, 1986 (Ga. L. 1986, p. 4788), 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 25, 1986 (Ga. L. 1986, p. 4788), 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 $30,500.00, 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 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 1987 Session of the General Assembly of Georgia, a bill to amend
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an Act creating the office of Tax Commissioner of Polk County, Georgia, approved March 3, 1964 (Ga. L. 1964, p. 2265), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4370) and 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. This 30th day of December, 1986. POLK COUNTY, GEORGIA By Frank B. Lott Frank Lott, Chairman Board of Commissioners GEORGIA, POLK 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 to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following date: January 8, 1987. /s/ Bill Cummings Representative 17th District Sworn to and subscribed before me, this the 20th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987.
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POLK COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 391 (House Bill No. 963). AN ACT To amend an Act creating a board of commissioners of Polk County, approved August 19, 1919 (Ga. L. 1919, p. 719), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4216), so as to change the salary of the chairman and each of the other members of the board of commissioners of Polk 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 creating a board of commissioners of Polk County, approved August 19, 1919 (Ga. L. 1919, p. 719), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4216), is amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows: Section 8. The chairman of the board of commissioners of Polk County shall receive an annual salary of $5,400.00, payable in equal monthly installments out of the funds of Polk County. The other members of the board of commissioners of Polk County shall each receive an annual salary of $4,800.00, payable in equal monthly installments out of the funds of Polk 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.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the January, 1987 Session of the General Assembly of Georgia, a Bill to amend an Act of the General Assembly of Georgia, creating a Board of Commissioners of Polk County, Georgia, approved August 19, 1919 (Ga. L. 1919, p. 719), as amended, particularly by an Act approved March 23, 1977, (Ga. L. 1977, p. 4019), and as amended, particularly by an Act approved April 12, 1982, (Ga. L. 1982, p. 4216), for the purpose of establishing an annual salary for the Chairman and members of the Board of Commissioners of Polk County, Georgia; to provide a method of payment thereof, and for other purposes. This 30th day of December, 1986. Frank B. Lott Chairman Board of Commissioners GEORGIA, POLK 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 to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following date: January 8, 1987. /s/ Bill Cummings Representative 17th District Sworn to and subscribed before me, this the 20th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987.
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COBB COUNTY STATE COURT; CLERK AND CHIEF DEPUTY CLERK; COMPENSATION. No. 392 (House Bill No. 966). 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 20, 1986 (Ga. L. 1986, p. 4458), so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb 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 creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4458), is amended by striking paragraph (4) of subsection (b) of Section 17 and inserting in lieu thereof a new paragraph (4) to read as follows: (4) The salary of the chief deputy clerk shall be $40,000.00 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 $41,580.00, payable in equal monthly installments from the funds of Cobb County., and inserting in lieu thereof the following: The clerk of the State Court of Cobb County shall receive an annual salary of $49,750.00, payable in equal monthly installments from the funds of Cobb County.
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Section 3. This Act shall become effective October 1, 1987. 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 1987 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 9th day of Jan., 1987. Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES 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 9, 1987.
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/s/ Terry D. Lawler Representative, 20th District Sworn to and subscribed before me, this 19th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987. GREENE COUNTY SCHOOL SUPERINTENDENT; APPOINTMENT BY THE BOARD OF EDUCATION; REFERENDUM. No. 393 (House Bill No. 970). AN ACT To provide that the school superintendent of the Greene 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 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 Greene County School District; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. The school superintendent of the Greene County School District in office on the effective date of this section shall serve out the term for which he was elected. All future school superintendents of the Greene County School District shall be appointed by the Greene 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 at no more than four years. No such contract, however, shall preclude the removal from office of the school superintendent 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. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Greene County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Greene County School District for approval or rejection. The election superintendent shall conduct that election on the date of the Presidential Preference Primary on March 8, 1988, 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 Greene County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act which provides that future school superintendents of the Greene County School District shall be appointed by the 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 Greene County. It shall be the duty of the superintendent to hold and conduct
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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 INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to provide that future school superintendents of the Greene County School District shall be appointed by the board of education; to provide for related matters; and for other purposes. This 12th day of February, 1987. George F. Green Representative, 106th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George F. Green, 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: February 20, 1987. /s/ George F. Green Representative, 106th District Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987.
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AUGUSTA JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENT; COLUMBIA COUNTY. No. 394 (House Bill No. 974). AN ACT To amend an Act providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, approved April 6, 1981 (Ga. L. 1981, p. 595), so as to change the provisions relating to such supplement; 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 compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, approved April 6, 1981 (Ga. L. 1981, p. 595), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. In addition to the compensation, salary, expenses, and allowances presently being received by the judges of the Superior Court of the Augusta Judicial Circuit from the State of Georgia or any other source, the judges of the superior court of said circuit shall receive a supplement to such compensation from the funds of Columbia County in the amount of $3,300.00 per annum for each such judge. Said supplementary salary shall be paid 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.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia legislation to change the compensation of the Judges of the Superior Court of Columbia County, Georgia; to provide for an annual supplement to the salaries of said Judges; and for other purposes. This 17th day of February, 1987. HONORABLE WILLIAM S. JACKSON REPRESENTATIVE, 83RD DISTRICT AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF COLUMBIA PERSONALLY appeared Philip Blanchard, who being duly sworn says that he is Editor of The News-Times a weekly newspaper in Martinez, Georgia, and that the advertisement: Notice of Intent to Introduce Legislation duly appeared in said newspaper on the following date: Feb. 18, 1987. /s/ Philip Blanchard Editor Sworn to and subscribed before me this 18th day of February 1987 /s/ Dollye W. Ward NOTARY PUBLIC, Georgia State at Large My Commission expires November 5, 1990. (SEAL) Approved March 30, 1987.
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HABERSHAM COUNTY STATE COURT; TERMS; JURY PANELS. No. 395 (House Bill No. 976). AN ACT To amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved March 28, 1947 (Ga. L. 1947, p. 1400), an Act approved February 25, 1949 (Ga. L. 1949, p. 1836), an Act approved March 5, 1957 (Ga. L. 1957, p. 2395), an Act approved March 2, 1966 (Ga. L. 1966, p. 2768), an Act approved April 11, 1968 (Ga. L. 1968, p. 3678), an Act approved February 27, 1969 (Ga. L. 1969, p. 2076), an Act approved February 27, 1969 (Ga. L. 1969, p. 2093), an Act approved March 25, 1974 (Ga. L. 1974, p. 3254), an Act approved February 11, 1977 (Ga. L. 1977, p. 2606), an Act approved February 23, 1979 (Ga. L. 1979, p. 3025), and an Act approved March 9, 1981 (Ga. L. 1981, p. 3087), so as to change the provisions relating to terms of said court; to provide for the drawing of separate panels of traverse jurors for each week in which jury trials are conducted; 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 and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved March 28, 1947 (Ga. L. 1947, p. 1400), an Act approved February 25, 1949 (Ga. L. 1949, p. 1836), an Act approved March 5, 1957 (Ga. L. 1957, p. 2395), an Act approved March 2, 1966 (Ga. L. 1966, p. 2768), an Act approved April 11, 1968 (Ga. L. 1968, p. 3678), an Act approved February 27, 1969 (Ga. L. 1969, p. 2076), an Act approved February 27, 1969 (Ga. L. 1969, p. 2093), an Act approved March 25, 1974 (Ga. L. 1974, p. 3254), an Act approved February 11, 1977 (Ga. L. 1977, p. 2606), an Act approved February 23,
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1979 (Ga. L. 1979, p. 3025), and an Act approved March 9, 1981 (Ga. L. 1981, p. 3087), is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. Be it enacted by the authority aforesaid, that the terms of said State Court shall be quarterly and shall commence on the third Monday in January, April, July, and October of each year. Each term shall continue until commencement of the next succeeding term of said State Court. All terms of said State Court shall be held at the Habersham County Courthouse in the City of Clarkesville in said county. Section 2. Said Act is further amended by striking Section 24 in its entirety and substituting in lieu thereof a new Section 24, to read as follows: Section 24. Be it further enacted by the authority aforesaid that traverse jurors shall be drawn and summoned to serve at each term of said State Court. When the court is in session for the purpose of conducting jury trials for longer than one week, the judge shall cause to be drawn separate panels of traverse jurors for each week in which jury trials are conducted. Section 3. This Act shall become effective upon the third Monday in April, 1987. 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 1987 session of the General Assembly of Georgia a bill to amend the Act creating the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941, (Ga. L. 1941, p. 651), as amended, so as to eliminate the nonjury terms of said court; to provide that each term of said court shall continue until commencement of the next succeeding term thereof; to provide for the drawing of separate
4980
panels of traverse jurors for each week in which jury trials are conducted; to provide an effective date; to repeal conflicting laws; and for other purposes. GEORGIA, FULTON 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, 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 12, 1987. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 20th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987. HABERSHAM COUNTY STATE COURT; SOLICITORS PRO TEMPORE. No. 396 (House Bill No. 978). AN ACT To amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham
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County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved March 28, 1947 (Ga. L. 1947, p. 1400), an Act approved February 25, 1949 (Ga. L. 1949, p. 1836), an Act approved March 5, 1957 (Ga. L. 1957, p. 2395), an Act approved March 2, 1966 (Ga. L. 1966, p. 2768), an Act approved April 11, 1968 (Ga. L. 1968, p. 3678), an Act approved February 27, 1969 (Ga. L. 1969, p. 2076), an Act approved February 27, 1969 (Ga. L. 1969, p. 2093), an Act approved March 25, 1974 (Ga. L. 1974, p. 3254), an Act approved February 11, 1977 (Ga. L. 1977, p. 2606), an Act approved February 23, 1979 (Ga. L. 1979, p. 3025), and an Act approved March 9, 1981 (Ga. L. 1981, p. 3087), so as to provide additional reasons for which solicitors pro tempore may be appointed by the judge of said court; to provide for the compensation of such solicitors pro tempore; 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 and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved March 28, 1947 (Ga. L. 1947, p. 1400), an Act approved February 25, 1949 (Ga. L. 1949, p. 1836), an Act approved March 5, 1957 (Ga. L. 1957, p. 2395), an Act approved March 2, 1966 (Ga. L. 1966, p. 2768), an Act approved April 11, 1968 (Ga. L. 1968, p. 3678), an Act approved February 27, 1969 (Ga. L. 1969, p. 2076), an Act approved February 27, 1969 (Ga. L. 1969, p. 2093), an Act approved March 25, 1974 (Ga. L. 1974, p. 3254), an Act approved February 11, 1977 (Ga. L. 1977, p. 2606), an Act approved February 23, 1979 (Ga. L. 1979, p. 3025), and an Act approved March 9, 1981 (Ga. L. 1981, p. 3087), is amended by striking Section 16 in its entirety and inserting in its place a new Section 16 to read as follows: Section 16. Be it further enacted by the authority aforesaid that if the solicitor of said court is disqualified from prosecuting any case, or is unable to prosecute any case due to illness, physical disability, or any other reason, or is
4982
absent with leave of the judge of said court, or the judge of said court determines that the solicitor has an excessive case load requiring the assistance of another attorney in the preparation for trial and prosecution of cases in order to expedite the business of the court, the judge of said court may by an appropriate order appoint a solicitor pro tempore to prosecute any case which the solicitor is unable to prosecute or is disqualified from prosecuting, or to serve in the absence of the solicitor if he is absent with leave of the court, or to assist the solicitor in the preparation for trial and prosecution of cases where the judge of said court has determined that the solicitor has an excessive case load requiring the assistance of another attorney. Reasonable compensation shall be paid to such solicitor pro tempore as shall be fixed by an order of the judge of said court after his consideration of the period of time served and services performed by such solicitor pro tempore; and the governing authority of Habersham County or other person or persons who are now or may hereafter be charged with the paying out of the money of Habersham County shall pay such compensation to such solicitor pro tempore out 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 introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend the Act creating the State Court Habersham County (formerly the City Court of Habersham County), approved February 13, 1941, (Ga. L. 1941, p. 651), as amended, relative to the appointment of solicitors pro tempore and payment to them of reasonable compensation as shall be fixed by an order of the Judge of said Court; to provide an effective date; to repeal conflicting laws; and for other purposes.
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GEORGIA, FULTON 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, 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 12, 1987. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 20th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987. CITY OF MORROW MAYOR AND COUNCILMEN; TERMS; QUORUM; COMPENSATION. No. 397 (House Bill No. 992). AN ACT To amend an Act creating a new charter for the City of Morrow, approved April 10, 1971 (Ga. L. 1971, p. 3998), as amended by an Act approved March 23, 1977 (Ga. L. 1977, p. 3963), so as to change the terms of office of the mayor and councilmen; to provide for staggered terms; to provide for a
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quorum at regular meetings of the mayor and council; to provide for the continuance of the salaries and expenses of the mayor and councilmen; to provide for future changes of salaries and expenses of the mayor and councilmen; 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 Morrow, approved April 10, 1971 (Ga. L. 1971, p. 3998), as amended by an Act approved March 23, 1977 (Ga. L. 1977, p. 3963), is amended by striking Section 2.03 in its entirety and substituting in lieu thereof a new Section 2.03 to read as follows: Section 2.03. Election of mayor and councilmen. (a) Those persons presently elected and serving as mayor and councilmen of the City of Morrow shall continue to serve until their successors are duly elected and qualified. On the third Saturday in November, 1987, a general election shall be held for the mayor and the two councilmen whose terms of office are expiring. The candidate for mayor and the two candidates for councilmen who receive a majority of the votes cast in said election shall each be elected for terms of office of three 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 for a contested mayoral or each council position, a run-off election shall be conducted between the two candidates receiving the highest number of votes for such office. Such run-off election shall be conducted on the fourteenth day after the day of holding the regular election, unless such run-off election is postponed by court order. (b) On the third Saturday in November, 1988, and on said date every four years thereafter, a general election shall be held for the two councilmen whose terms of office are expiring. The candidates who receive a majority of the votes cast in said election shall each be elected for terms of office of four years and until their successors are duly elected and
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qualified. In the event no candidate receives a majority of the votes cast in said election for a contested council position, a run-off election shall be conducted between the two candidates receiving the highest number of votes for such office. Such run-off election shall be conducted on the fourteenth day after the day of holding the regular elections, unless such run-off election is postponed by court order. (c) On the third Saturday in November, 1990, and on said date every four years thereafter, a general election shall be held for the mayor and the two councilmen whose terms of office are expiring. The candidates for mayor and the two candidates for councilmen who receive a majority of the votes cast in said election shall each be elected for terms 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 for a contested mayoral or each council position, a run-off election shall be conducted between the two candidates receiving the highest number of votes for such office. Such run-off election shall be conducted on the fourteenth day after the day of holding the regular election, unless such run-off election is postponed by court order. (d) Any person possessing the qualifications required by law may qualify for any council position or for mayor. (e) In the event that a runoff is required in any election and same happens to fall on the Saturday of Thanksgiving weekend, said runoff shall be continued over for one additional week and conducted on the first Saturday following the Saturday after Thanksgiving. Section 2. Said Act is further amended by striking Section 2.04 in its entirety and substituting in lieu thereof a new Section 2.04 to read as follows: Section 2.04. Terms of office. The terms of office for the mayor and councilmen shall begin on the first Monday in January following said election. The terms of office of the
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mayor and two councilmen elected in November, 1987, shall be for a term of three years, but beginning with the election of the two councilmen in 1988, the terms of the mayor and councilmen shall continue for four years after their election and until their successors are elected and qualified. Section 3. Said Act is further amended by striking Section 2.05 in its entirety and substituting in lieu thereof a new Section 2.05 to read as follows: Section 2.05. Mayor and council. (a) The governing body of said city shall be composed of a mayor and four councilmen, in which is vested all corporate, legislative, and other powers of the city, except as otherwise provided in this charter. The mayor and council shall hold regular public meetings at a stated time and place as provided by ordinance. The mayor and council shall meet in special sessions on call of either the mayor or the mayor pro tempore and two councilmen when notice of which has been served on the mayor, if applicable, and the other councilmen personally or left at their residence at least 12 hours in advance of the meeting. The powers of the mayor and council shall be exercised in public meetings. The mayor and two councilmen or mayor pro tempore and two councilmen shall constitute a quorum for the transaction of business at all regularly scheduled meetings of the governing authority and at all special meetings. The mayor and council may, by ordinance, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. The mayor and council may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the mayor and council. (b) The mayor shall, before entering upon the discharge of the duties of office, give good and sufficient bond in an amount to be decided by the mayor and council, but not less than $5,000.00, said bond payable to the City of Morrow for the faithful performance of the duties of office by the mayor and to secure the city against corruption, malfeasance, misappropriations, or unlawful expenditures by the mayor. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved
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by the mayor and council, and the premium thereon shall be paid by the city. Section 4. Said Act is further amended by striking Section 2.09 in its entirety and substituting in lieu thereof a new Section 2.09 to read as follows: Section 2.09. Salaries and expenses. The mayor and each councilman are authorized to continue to receive the salary and expenses fixed for such officers as of January 1, 1987. Future changes in the salary and expenses of the mayor and councilmen shall be effected in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A. 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Morrow, approved April 10, 1971 (Ga. L. 1971, p. 3998), as amended; and for other purposes. This 3rd day of February, 1987. 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 3, 1987.
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/s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1987. FANNIN COUNTY BOARD OF COMMISSIONERS; ELECTIONS; TERMS. No. 398 (Senate Bill No. 333). AN ACT To amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act approved April 15, 1969 (Ga. L. 1969, p. 2641), so as to change the provisions relating to the election of the chairman and other members of the board of commissioners of Fannin County; to provide for terms of office; to provide procedures; 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 Roads and Revenues of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act
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approved April 15, 1969 (Ga. L. 1969, p. 2641), is amended by striking in its entirety subsection (a) of Section 1 and inserting in lieu thereof a new subsection (a) to read as follows: (a) There is created a board of commissioners of Fannin County to consist of a chairman and two other members to be elected by the qualified voters of Fannin County as further provided in this Act. Section 2. Said Act is further 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 chairman and other members of the board of commissioners of Fannin County serving on the effective date of this Act shall continue to serve out their terms of office. For the purpose of electing the chairman and other members of the board at the general election in 1988 and thereafter, candidates for chairman shall offer as candidates for that office, and there shall be two commissioner posts, to be designated Post 1 and Post 2, to be held by the other two commissioners. Candidates for commissioner shall designate the commissioner post for which they are offering. All candidates for chairman and commissioner may reside anywhere within Fannin County and shall be elected by a majority of the qualified voters of the entire county voting in the elections held for that purpose. All such elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' (b) The first board of commissioners of Fannin County, as provided in this section, shall be elected at the general election held in 1988 and shall take office on the first day of January, 1989, for terms of two years and until their successors are elected and qualified. Successors to such members elected at the general election held in 1988 shall be elected at the general election held in 1990 and shall take office on the first day of January, 1991, for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of their terms of office and shall take office on the first day of January
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immediately following their election for terms of four years and until their successors are elected and qualified. (c) In the event a vacancy occurs in the chairmanship or office of any other member of said board when more than six months remain before the expiration of the term of office, it shall be the duty of the election superintendent of Fannin County, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy for the unexpired term. Any such special election shall be governed by the provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' In the event a vacancy occurs in the chairmanship or office of any other member of said board when six months or less remain before the expiration of the term of office, such vacancy shall not be filled, and the remaining members of the board of commissioners shall constitute the governing authority of Fannin County until a successor is elected at the next general election. In the event such vacancy is in the chairmanship of the board, then such remaining members shall be authorized to exercise the powers of the chairman as well as the powers of the board of commissioners. In the event all positions on the board of commissioners become vacant for any reason, the judge of the Probate Court of Fannin County shall serve as the governing authority of Fannin County until such vacancies are filled by special election or until new members are elected at the general election as provided in this Act. 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating the office of Commissioner of Roads, and Revenues of Fannin County, approved August 10, 1920 (GA. L. 1920, p. 519), as amended; and for other purposes.
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This 6th day of February, 1987. Honorable Max R. Brannon Senator, 51st District AFFIDAVIT OF PUBLICATION State of Georgia County of Fannin I, Glenn Harbison DO SOLEMNLY SWEAR THAT I AM THE Publisher of The Blue Ridge Summit Post, printed and published at Blue Ridge, in the State of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of Notice is given that there will be introduced at the regular 1987 session was inserted in the Blue Ridge Summit Post in space of Legal Notices on dates as follows: February 6, 1987. /s/ Glenn Harbison Subscribed and sworn to before me This 6th day of February, 1987 /s/ Phyllis Ross Notary Public, Georgia, State at Large My Commission Expires Jan. 21, 1989 Approved March 30, 1987.
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CARROLL COUNTY STATE COURT; SOLICITOR; EXPENSES; SUPPLIES; PERSONNEL. No. 399 (House Bill No. 1118). AN ACT To amend an Act establishing the State Court of Carroll County, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, so as to provide for expenses of the solicitor in collecting fines and forfeitures; to provide for office supplies and personnel 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 establishing the State Court of Carroll County, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, is amended by inserting immediately following Section 7 a new section, to be designated Section 7.1, to read as follows: Section 7.1 (a) The solicitor of the State Court of Carroll County shall be paid from county funds for all expenses incurred in collecting fines, forfeitures, commissions, costs, allowances, penalties, and other moneys due said county, which expenses are incurred as a result of employing additional personnel during regular court days for guilty pleas and arraignments during regular court terms and for other periods necessary to ensure an orderly collection of said fines and forfeitures. The solicitor shall also be entitled to be paid from county funds for all supplies necessary to operate the fine collection office including, but not limited to, forms, receipt books, printing, postage, office supplies, and equipment. (b) Personnel of the solicitor's office shall be considered county employees for the purposes of county insurance, county retirement programs, and all other county benefits. 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.
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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, 1987 Session of the General Assembly of Georgia a bill to amend the Act creating a City Court of Carrollton, now know as the State Court of Carroll, as amended, so as to change the compensation of the Judge and solicitor of said court and the secretary of the State Court, and for other purposes. This 12 day of January, 1987. s/WAYNE GARNER s/CHARLES A. THOMAS, JR. s/JOHN SIMPSON AFFIDAVIT GEORGIA Carroll County To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the TIMES-GEORGIAN legal organ for Carroll County. The following dates, to-wit: January 15 Sworn to on the 2 day of March, 1987 /s/ Steve A. Shorts Publisher Sworn to and subscribed before me on the 2 day of March, 1987 /s/ Ruthe Bracknell Notary Public, Georgia, State At Large My Commission Expires Sept. 5, 1987. (SEAL) Approved March 31, 1987.
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UNIFIED ROME-FLOYD COUNTY SCHOOL SYSTEM CREATION; MERGER OF FLOYD COUNTY SCHOOL SYSTEM AND CITY OF ROME INDEPENDENT SCHOOL SYSTEM; REFERENDUM. No. 400 (House Bill No. 1016). AN ACT To provide for the merger and consolidation of the existing Floyd County School System and the existing City of Rome Independent School System into a single county-wide school system; to provide that such unified school system shall be known as the Unified Rome-Floyd County School System; to comprehensively revise certain laws relating to public education in Floyd County; to define terms; to provide for the vesting of all assets, rights, obligations, and duties of the merged school systems in the new system; to provide specifically for title to property and assumption of indebtedness; to provide for a board of education and the election, qualifications, service, and compensation of members of the board; to provide for organization of, officers of, and vacancies on the board; to provide for appointment and service of a school superintendent; to provide for tenure and similar rights of teachers and professional personnel and for consideration of employment of other employees; to provide for applicability of homestead exemptions from ad valorem taxation; to repeal specific Acts; to provide for the noncontinuation of certain constitutional amendments and the continuation of certain such amendments under other circumstances; to provide for a referendum election as to effectiveness; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1-1. The existing Floyd County School System and the existing City of Rome Independent School System shall be merged and consolidated into a single county-wide school system which shall constitute a county school system. Said county school
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system shall be known and may be referred to as the Unified Rome-Floyd County School System. The area of operations of said Unified Rome-Floyd County School System shall be the Floyd County School District which shall be coextensive with the territorial limits of Floyd County. Said Unified Rome-Floyd County School System shall be under the control and management of the Floyd County board of education created by this Act. The Floyd County School District established by this Act and coextensive with the territorial limits of Floyd County shall constitute a political subdivision of the State of Georgia; the former Floyd County School District, consisting of that part of Floyd County outside the City of Rome, shall cease to be a political subdivision of the state; and the former independent school district of the City of Rome shall cease to be a political subdivision of the state. Section 1-2. As used in the following sections of Part 1 of this Act, unless the context clearly requires otherwise, the terms: (1) Floyd County board of education and board of education and board are synonomous and mean the board of education established pursuant to this Act and having control and management over the school system established by this Act. (2) Floyd County School District means the county school district established by this Act which is coextensive with the territorial limits of Floyd County. (3) Unified Rome-Floyd County School System means the county school system established by this Act and having as its area of operations an area coextensive with the territorial limits of Floyd County. (4) Former Floyd County board of education, former Floyd County School District, and former Floyd County School System refer to the county board of education, county school district, and county school system in existence prior to the enactment of this Act. Section 1-3. The Unified Rome-Floyd County School System shall in all respects be a successor in interest to the former
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Floyd County School System and the former City of Rome Independent School System; and all assets, rights, obligations, and duties of said former school systems shall vest in the Unified Rome-Floyd County School System. Without limiting the generality of the foregoing, it is specifically provided that: (1) Title to all real and personal and tangible and intangible property of said former school systems shall vest in the Unified Rome-Floyd County School System; and certified copies of this Act and of the returns of the elections provided for in Part 2 of this Act shall constitute evidence of such title and shall for this purpose be recordable, if deemed necessary or desirable by the Floyd County board of education, in the real estate records of Floyd County or any other county and in any other public records; and (2) All bonded indebtedness and other indebtedness of said former school systems shall be liabilities of the Unified Rome-Floyd County School System and payable from funds of the Unified Rome-Floyd County School System; and all taxable property within the Floyd County School District shall be uniformly and equally subject to taxation for the payment of any such bonded indebtedness or other indebtedness. Section 1-4. (a) The Floyd County board of education shall consist of seven members. One member shall be elected from and by the voters of each education district described in Section 1-10 of this Act. Each candidate for election to the board of education must, in addition to all other eligibility requirements imposed by law, have obtained a high school diploma or its recognized equivalent and be a resident of the education district he or she seeks to represent. If any member of the board moves his or her residence from the education district he or she represents, his or her office shall be immediately vacated. 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 Floyd County School District at large. (b) All elections and primary elections for members of the board of education shall be partisan elections and primaries and shall be decided by plurality vote, the candidate receiving
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the highest number of votes being elected or nominated, without regard to whether he or she receives a majority of the votes cast. There shall be no runoffs except in the case of a tie vote. (c) The initial election of members under this Act shall be at the 1988 general primary and 1988 general election. The first members of the board of education elected under this Act shall take office January 1, 1989, and shall serve for terms as follows: the members representing Education Districts No. 1, 2, 4, and 7 shall serve for terms of four years; and the members representing Education Districts No. 3, 5, and 6 shall serve for terms of two years. A successor to each such member and future successors shall be elected at the general primary and general election next preceding the expiration of a term of office. All members elected in 1990 and thereafter shall take office on the first day of January next following their election and shall serve for terms of four years. All members of the board shall, if necessary, hold over beyond the expiration of their terms until their successors are elected and qualified. (d) All members of the boards of education of the former Floyd County School System and the former City of Rome Independent School System shall cease to hold office on July 1, 1989. Any member of either of said boards of education whose term of office would otherwise expire at the end of 1988 shall have his or her term of office extended until July 1, 1989. Any person serving on either of said boards of education is authorized during the period of January 1 to July 1, 1989, to simultaneously serve on the new Floyd County board of education created by this Act if elected to such new board of education. The school superintendents of said former school systems shall likewise continue to hold office until July 1, 1989, on which date they shall cease to hold office. (e) Any vacancy on the board of education shall be filled as provided in Code Section 20-2-54.1 of the O.C.G.A. Section 1-5. The Floyd County board of education shall hold an organizational meeting on January 2, 1989. During the period commencing with such organizational meeting and ending July 1, 1989, the expenses of the board shall be shared equally by the former Floyd County School System and the City of Rome Independent School System. At its organizational meeting the
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board of education shall adopt bylaws governing future organizational meetings and the method of selection and term of service of a chairman and vice-chairman of the board and such other officers as the board may deem necessary or appropriate. The chairman of the board of commissioners of Floyd County shall preside over the initial organizational meeting of the board of education until the initial chairman of the board of education has been selected. The bylaws of the board of education governing organizational meetings and the selection and term of officers may be amended by the board of education from time to time, as deemed necessary or appropriate by the board of education. Section 1-6. The chairman of the board of education shall be compensated in the amount of $400.00 per month, the vice-chairman of the board shall be compensated in the amount of $375.00 per month, and each other member of the board shall be compensated in the amount of $350.00 per month. Such compensation shall be paid in equal monthly installments from funds of the Unified Rome-Floyd County School System. The board of education may, but shall not be required to, authorize the reimbursement of expenses reasonably and necessarily incurred by the members in the performance of their duties, subject to such conditions as may be specified by the board. Section 1-7. (a) The board of education shall appoint the school superintendent of the Unified Rome-Floyd County School System. 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 any additional method for removal of the school superintendent for cause, after notice and opportunity for hearing. (b) 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 1-8. (a) All teachers and other certificated professional personnel who have acquired tenure or other similar rights with respect to their employment by the former Floyd County
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School System or the former City of Rome Independent School System shall continue to have such rights with respect to continued employment by the Unified Rome-Floyd County School System; and for this purpose shall be deemed to have been continuously employed by the Unified Rome-Floyd County School System. (b) The Floyd County board of education shall give consideration to the employment of all other personnel employed by said former school systems, without regard to race, creed, color, sex, religion, or national origin. In making hiring decisions, all other things being equal, the Floyd County board of education shall give preference to the employees of the former Floyd County School System and the former City of Rome Independent School System on the basis of seniority and prior job performance. Section 1-9. All laws relating to homestead exemptions from ad valorem taxes levied by or on behalf of the former Floyd County School System shall on and after January 1, 1989, apply uniformly throughout the Floyd County School District. Section 1-10. (a) For the purposes of electing members of the Floyd County board of education, the Floyd County School District is divided into seven education districts, each consisting of a portion of Floyd County described as follows: Education District No. 1 Floyd Tract 6 That part of Block 138 inside the City of Rome Block 142 Blocks 202 and 203 That part of Block 204 inside the City of Rome Blocks 205 through 211 and 219 through 250 Block Groups 3 and 4 Tract 9 Blocks 102 through 104, 115, 149, and 150 Blocks 201 and 203 through 210
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Tract 15 Blocks 101 through 144, 150, and 151 Tract 16 Blocks 101 through 131, 134 through 140, and 143 through 149 Blocks 202 through 238 and 246 through 250 Blocks 301 through 312 Those parts of Block 313, 317, and 333 inside the City of Rome Tract 17 Blocks 115 through 121 Education District No. 2 Floyd Tract 10, 12, and 13 Tract 14 Blocks 102 through 112 and 114 through 117 Education District No. 3 Floyd Tract 3 That part of Block 102 inside the City of Rome Blocks 105 through 115 Tracts 4, 5, and 11 Education District No. 4 Floyd Tract 2 Blocks 101 through 136 Block Group 2 Blocks 301 through 325 Block Group 4 Tract 3 Block 101 That part of Block 102 outside the the City of Rome Blocks 103 and 104
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Block Group 2 Blocks 301 through 321 Tract 14 Blocks 101, 113, and 118 through 121 Block Group 2 Blocks 301 through 312 and 316 through 331 Block Groups 4 and 5 Tract 19 Blocks 102, 104, through 109, 112 through 115, 117 through 124, 126, 127, 131 through 134, and 138 through 140 Tract 20 Blocks 101, 102, 114, 115, and 199 Education District No. 5 Floyd Tract 7 Blocks 219 and 223 through 233 Tract 8 Blocks 141 through 150 and 157 Block Group 2 Tract 9 Blocks 101, 105 through 114, 116 through 137, and 139 through 148 Block 202 Tract 17 Blocks 101 through 114 and 132 through 134 Blocks 221 through 232 Block Groups 3 through 5 Tract 20 Blocks 103 through 113, 116 through 142, and 196 through 198 Block Groups 2 and 3 Education District No. 6 Floyd Tract 15
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Blocks 145 through 149 Tract 16 Blocks 132, 133, and 150 Blocks 201 and 239 through 245 That part of Block 313 outside the City of Rome Blocks 314 through 316 That part of Block 317 outside the City of Rome Blocks 318 through 327 That part of Block 333 outside the City of Rome Tract 17 Blocks 122 through 131 Blocks 201 through 220, 233, 235 through 240, and 243 Tract 18 Block Groups 1 and 2 Tract 19 Blocks 101, 110, 111, 116, 125, 129, 130, and 141 Education District No. 7 Floyd Tract 1 Tract 6 Blocks 101 through 137 That part of Block 138 outside the City of Rome Blocks 139 through 141 and 143 through 150 Block 201 That part of Block 204 outside the City of Rome Blocks 212 through 218 and 251 Tract 7 Blocks 101 through 137 Blocks 201 through 204, 206 through 218, and 220 through 222 Tract 8 Blocks 101 through 140 and 151 through 156
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(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 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. (3) Any part of the Floyd County School District 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. Part 2 Section 2-1. The following laws are repealed in their entirety: (1) An Act establishing the City of Rome Independent School District, approved August 11, 1881 (Ga. L. 1880-81, p. 421), as amended by an Act approved December 16, 1887 (Ga. L. 1887, p. 544); and (2) An Act relating to the compensation of the Floyd County board of education, approved March 18, 1959 (Ga. L. 1959, p. 3203), as amended by an Act approved March 4, 1961 (Ga. L. 1961, p. 2396) and an Act approved April 6, 1981 (Ga. L. 1981, p. 4193). Section 2-2. It is specifically provided that the following constitutional amendments shall not be continued in effect as a part of the Constitution of the State of Georgia but shall be repealed as provided in Article XI, Section I, Paragraph IV of the Constitution: (1) That constitutional amendment relating to the Floyd County board of education and school superintendent which
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was proposed by Resolution Act No. 605 of the 1952 General Assembly and which was duly ratified at the 1952 general election (Ga. L. 1952, p. 605); (2) That constitutional amendment relating to the Floyd County board of education and amendatory of said 1952 amendment which was proposed by Resolution Act No. 257 of the 1968 General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1968, p. 1798); and (3) That constitutional amendment relating to consolidation of the Floyd County and City of Rome school systems which was proposed by Resolution Act No. 161 of the 1964 General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, p. 984). Section 2-3. As soon as possible after this Part 2 becomes effective, the boards of education of the Floyd County School System and the City of Rome Independent School System shall jointly request the State Board of Education to carry out an educational facilities survey for the Unified Rome-Floyd County School System and shall request such other assistance as may be needed with respect to capital outlay planning. Part 3 Section 3-1. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Floyd County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Floyd County School District (consisting of all that part of Floyd County outside the City of Rome) and to the electors of the City of Rome Independent School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the March, 1988, presidential preference primary 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 Floyd County. The ballot shall have written or printed thereon the words:
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() YES () NO Shall the Act be approved which provides for the merger and consolidation of the Floyd County School System and the City of Rome Independent School System? (b) 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 in the Floyd County School District (consisting of all that part of Floyd County outside the City of Rome) are for approval and if more than one-half of the votes cast in the City of Rome Independent School District are for approval, Parts 1 and 2 of this Act shall become effective. If the proposal fails to be so approved by concurrent majorities or if the election is not conducted as provided in this section, Parts 1 and 2 of this Act shall not become effective. If Parts 1 and 2 of this Act become effective, they shall become effective immediately except that Sections 1-1, 1-3, and 2-1 shall become effective July 1, 1989. (c) The expense of such election shall be borne by Floyd County. It shall be the superintendent's duty to certify the results thereof to the Secretary of State. Section 3-2. If and only if Parts 1 and 2 of this Act do not become effective, then those constitutional amendments described in paragraphs (1) and (2) of Section 2-2 of this Act shall not be repealed or deleted as a part of the Constitution of the State of Georgia but shall be specifically continued in force and effect as a part of the Constitution of the State of Georgia. Section 3-3. 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 1987 session of the General Assembly of Georgia a bill to provide for the merger and consolidation of the existing Floyd County School System and the existing City of Rome Independent School
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System into a single county-wide Floyd County School System; to comprehensively revise certain laws relating to public education in Floyd County; to define terms; to provide for the vesting of all assests, rights, obligations, and duties of the merged school systems in the new system; to provide specifically for title to property and assumption of indebtedness; to provide for a board of education and the election, qualifications, service and compensation of members of the board; to provide for organization of, officers of, and vacancies on the board; to provide for appointment and service of a school superintendent; to provide for tenure and similar rights of teachers and professional personnel and for consideration of employment of other employees; to provide for applicability of homestead exemptions from ad valorem taxation; to repeal specific Acts; to provide for the noncontinuation of certain constitutional amendments and the continuation of certain such amendments under other circumstances; to provide for a referendum election as to effectiveness; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. This 7th day of Feb. 1987. E. M. Childers Ed Hine Forest McKelvey Paul E. Smith GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Smith, who, on oath, deposes and says that he is Representative from the 16th 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 12, 1987. /s/ Paul E. Smith Representative, 16th District
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Sworn to and subscribed before me, this 25th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. TURNER COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 401 (House Bill No. 1017). 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. 1961, p. 624) and which creates the Turner County Development Authority; to provide the authority for this Act; to repeal a specific 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. 1961, 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.
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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. The Act continuing in force and effect as part of the Constitution of the State of Georgia the constitutional amendment creating the Turner County Development Authority, approved on February 13, 1986 (Ga. L. 1986, p. 4708), 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 1987 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. 1961, 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 19th day of February, 1987. 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 19, 1987. /s/ Earleen Sizemore Representative, 136th District
5009
Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. CHATHAM COUNTY LAW ENFORCEMENT AND JAILS STUDY COMMISSION CREATION. No. 402 (House Bill No. 1033). AN ACT To create the Chatham County Law Enforcement and Jails Study Commission; to provide for the powers and duties of the commission; to provide for the appointment of members to the commission; to provide for meetings; to provide for officers; to provide that the governing authority of Chatham County, sheriff, and police department of Chatham County shall cooperate with and provide certain assistance for the commission; to authorize the expenditure of funds; to provide for reports; to provide for reports; to provide for other matters relative to the foregoing; to provide for the repeal of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The General Assembly finds that the sheriff of Chatham County and the Chatham County Police Department perform many vital functions for the citizens of Chatham County, and the composition, organization, and working relationships of these two agencies and the operation of jails within Chatham County are of great importance to those citizens. Because law
5010
enforcement is of vital concern to the citizens of Chatham County, the General Assembly further finds that the delivery of law enforcement services by Chatham County should be reviewed in order to determine what actions, if any, are needed to achieve the most effective and efficient delivery of those services. Section 2. There is created the Chatham County Law Enforcement and Jails Study Commission to be composed of 14 members as follows: (1) Seven members appointed by the members of the Georgia Senate whose districts lie wholly or partially within Chatham County; and (2) Seven members appointed by the members of the Georgia House of Representatives whose districts lie wholly or partially within Chatham County. Section 3. The members of the commission shall hold an organizational meeting at a time and place to be designated by a resolution adopted by a majority vote of the members of the General Assembly whose representative or senatorial districts lie wholly or partially within Chatham County. At the organizational meeting, the members of the commission shall elect a chairman from its own membership and such other officers as the commission finds necessary or appropriate. Following the organizational meeting, the commission shall meet at the call of the chairman. The commission shall adopt rules of procedure. Members of the commission shall receive no compensation or reimbursement of any kind for performing any duty or function as members of the commission. Section 4. The governing authority of Chatham County, the sheriff of Chatham County, and the Chatham County Police Department shall: (1) Cooperate with the commission by furnishing, without charge, reasonable secretarial and logistical assistance; and (2) Make available to the commission such records, reports, interviews, and other data as may be required by the commission to carry out its duties and complete its assigned tasks.
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Section 5. The commission shall study the working relationship between the office of the sheriff of Chatham County and the Chatham County Police Department and shall consider the feasibility of the merger or other reorganization of the two agencies in order to achieve maximum efficiency and effectiveness in the delivery of law enforcement services by Chatham County and in the operation of county jails. The commission shall be authorized to study any other matters relevant to the effective and efficient delivery of law enforcement services and the operation of jails by agencies of Chatham County. In order to assist the commission in its duties, the governing authority of Chatham County is authorized to appropriate and expend, if necessary, up to $25,000.00 for the purpose of securing professional services for use by the commission. In addition to or as an alternative to such county funding, the commission shall be authorized to accept funding or professional assistance from state sources or from any other sources which may be available to the commission. The commission shall make a final report of its findings and recommendations and shall submit such report to the Chatham County delegation to the General Assembly of Georgia by December 31, 1987. Section 6. This Act is repealed in its entirety effective December 31, 1987. Section 7. 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 Assistant Gen. Manager 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;
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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. 7, 1987, 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 1987 session of the General Assembly of Georgia a bill to create the Chatham County Law Enforcement Study Commission; to provide for the powers and duties of the commission; to provide for the appointment of members to the Commission; to provide for meetings; to provide for officers; to authorize and direct law enforcement agencies within Chatham County and the board of commissioners of Chatham County to provide for certain assistance to the commission; to provide for the expenditure of funds; to provide for reports; to provide for the repeal of this Act; and for other purposes. This 29 day of January, 1987. Rep. Diane Harvey Johnson appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 9 day of Feb. 1987. /s/ Diane M. Strickland Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 (SEAL) Approved March 31, 1987.
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DEKALB COUNTY CHIEF EXECUTIVE OFFICER; BOARD OF COMMISSIONERS; COMPENSATION. No. 403 (House Bill No. 1043). 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 an annual salary for the Chief Executive and for members of the DeKalb County Commission; to provide for an expense allowance for members of the DeKalb County Commission; 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 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 Section 8 of the amendatory Act, approved April 9, 1981 (Ga. L. 1981, p. 4304), in its entirety and substituting in lieu thereof a new Section 8 to read as follows: Section 8. The provisions of any other law to the contrary notwithstanding: (1) The Chief Executive Officer of DeKalb County shall receive an annual salary of $73,260.00; (2) Each member of the Commission shall receive an annual salary equal to 22 percent of the annual salary of the Chief Executive; and
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(3) In addition to the annual salary provided for by paragraph (2) of this Section, each member of the Commission shall receive an expense allowance of $100.00 per 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 1987 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, 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 said county, approved April 9, 1981 (Ga. L. 1981, p 4304), as amended, and for other purposes. This 25th day of January, 1987. Honorable Frank Redding Representative, 50th District 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-GA.L.1956,pg. 3237 a true copy of which is hereto annexed, was published in said newspaper in its issue of the 5th day of February, 1987
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/s/ Gerald W. Crane, Co-Publisher (by) /s/ Linda L. Orr Agent Sworn to and subscribed before me this 5th day of February, 1987 /s/ Janet K. Simpson Notary Public My Commission Expires June 4, 1990 (SEAL) Approved March 31, 1987. CITY OF BAXLEY CORPORATE LIMITS; REFERENDUM. No. 404 (House Bill No. 1000). AN ACT To amend an Act providing a new charter for the City of Baxley, approved April 13, 1982 (Ga. L. 1982, p. 4725), as amended, so as to change the corporate limits of the city; to provide for a 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 a new charter for the City of Baxley, approved April 13, 1982 (Ga. L. 1982, p. 4725), as amended, is amended by striking Section 1.2 and inserting in its place a new Section 1.2 to read as follows: Section 1.2. The corporate limits of the City of Baxley shall include the following territory:
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(1) All territory lying within four miles in every direction from the intersection of the centerline of U. S. Highway No. 1 in the City of Baxley with the centerline of the main track of the Norfolk Southern Railway in the City of Baxley. (2) All that tract or parcel of land situate, lying and being in the second land district of Appling County, Georgia, consisting of 190.59 acres, more or less, of lot of land no. 192, and 56.78 acres, more or less, of lot of land no. 191, consisting of tracts nos. 1 and 2 as shown on a plat dated April 12, 1966, made in connection with Baxley Municipal Airport project, recorded in office, clerk of superior court, said county, plat book no. 5 page 62. Said tracts of land lie in one body, being bound: North by lands of Appling County, an established line as shown on said plat dividing: northeast by a road; southeast by U.S. Highway No. 1; south by lands known as the Appling Turpentine Company lands; and, west by lands of Brunswick Pulp and Paper Company. (3) The entire right-of-way of U. S. Highway No. 1 extending between the main body of the city limits of the City of Baxley (as described in paragraph (1) of this section) and the southeastern corner of the Baxley Municipal Airport property described in paragraph (2) of this section. Section 2. Not less than 30 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 Baxley to issue the call for an election for the purpose of submitting this Act to the electors of Appling County residing in or owning property in the area proposed to be annexed by this Act for approval or rejection. The 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. 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 Appling County. The ballot shall have written or printed thereon the words:
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() YES () NO Shall the Act changing the corporate limits of the City of Baxley 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, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Baxley. 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. Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the 1987 regular session of the General Assembly of Georgia; a bill to change the corporate limits of the City of Baxley, and for other purposes. City of Baxley S.W. Dunn City Manager 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 Baxley News Banner which is the official organ of Appling County, on the following date: February 5, 1987. /s/ Lundsford Moody Representative, 153rd District
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Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. BARROW COUNTY BOARD OF COMMISSIONERS; COMPOSITION; ELECTIONS; DISTRICTS; CHAIRMAN; QUORUM. No. 405 (House Bill No. 1045). AN ACT To amend an Act re-creating and establishing a Board of Commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended, so as to change the composition of the board; to provide for the election, qualifications, and terms of the chairman and other members of the board; to provide for commissioner districts; to abolish certain road district positions on the board; to provide for the powers and duties of the chairman of the board; to provide for resolutions and to provide that the chairman may veto, approve, or fail to approve certain resolutions and the conditions, consequences, and procedures relating thereto; to provide for a chairman pro tempore and the rights and responsibilities thereof; to provide for vacancies; to change the provisions relating to quorum and certain votes required; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. An Act re-creating and establishing a Board of Commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended, is amended by striking Section 1 thereof, re-creating the Board of Commissioners of Barrow County, and inserting in its place a new Section 1 to read as follows: Section 1 On and after January 1, 1989, the Board of Commissioners of Barrow County, sometimes referred to in this Act as `the board,' shall be composed of seven members, one of whom shall be the chairman, and all of whom shall be selected as provided in this Act. Section 2. Said Act is further amended by striking Section 3 thereof, providing for qualifications of members of the board, and inserting in its place a new Section 3 to read as follows: Section 3. (a) All members of the board shall meet the requirements for public office specified in Code Section 45-2-1 of the O.C.G.A. 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 Barrow 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 8 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 residing only in the respective commissioner district from which that person seeks election as a member. 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 member of the board 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. (b) A person appointed or elected to fill a vacancy on the board pursuant to Section 8 of this Act shall meet, as
5020
of the time such person takes office, the residency and other requirements established for that office pursuant to subsection (a) of this section and, if that person is elected to fill that vacancy, shall be elected by those electors authorized to vote for that office under that subsection (a). Section 3. Said Act is further amended by striking Section 4 thereof, describing road districts, and inserting in its place a new Section 4 to read as follows: Section 4. (a) For purposes of electing members of the board, Barrow County shall be divided into six commissioner districts as follows: COMMISSIONER DISTRICT 1 Begin at the intersection of the southerly right-of-way of Patrick Mill Road with the Appalachee River; thence in a northerly direction along the southerly right-of-way of Patrick Mill Road to its intersection with the southerly right-of-way of Matthews School Road; thence in a easterly direction along the southerly right-of-way of Matthews School Road to its intersection with the southerly right-of-way of Bill Rutledge Road; thence in a easterly direction along the southerly right-of-way of Bill Rutledge Road to its intersection with the easterly right-of-way of Horton Street; thence in a northerly direction along the easterly right-of-way of Horton Street to its intersection with the southerly right-of-way of Georgia Highway No. 8; thence in a easterly direction along the southerly right-of-way of Georgia Highway No. 8 to its intersection with the easterly right-of-way (extended) of King Street; thence in a northerly direction along the easterly right-of-way of King Street to its intersection with the southerly right-of-way of Wright Street; thence in a easterly direction along the southerly right-of-way of Wright Street to its intersection with the westerly right-of-way of Picklesimon Road; thence in a southerly direction along the westerly right-of-way of Picklesimon Road to its intersection with the westerly right-of-way of Chapel Church Road; thence in a southerly direction along the westerly right-of-way of Chapel Church Road continuing across Georgia Highway No. 8 to its intersection
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with the northerly right-of-way of Georgia Highway No. 53; thence in a westerly direction along the northerly right-of-way of Georgia Highway No. 53 to its intersection with the westerly right-of-way of Golf Course Road; thence in a southerly direction along the westerly right-of-way (extended) of Golf Course Road to its intersection with the easterly right-of-way of Corinth Church Road; thence in a northerly direction along the easterly right-of-way of Corinth Church Road to its intersection with the northerly right-of-way of County Road No. 133; thence in a westerly direction along the northerly right-of-way of County Road No. 133 to its intersection with the westerly right-of-way of Georgia Highway No. 11; thence in a southerly direction along the westerly right-of-way of Georgia Highway No. 11 to its intersection with the westerly right-of-way of Harry McCarty Road; thence in a southerly direction along the westerly right-of-way of Harry McCarty Road to its intersection with the westerly right-of-way of Briscoe Mill Road; thence in a southerly direction along the westerly right-of-way of Briscoe Mill Road to its intersection with the Appalachee River; thence in a westerly direction along the Appalachee River to the true point of beginning. COMMISSIONER DISTRICT 2 Begin at the intersection of the easterly right-of-way of Briscoe Mill Road with the Appalachee River; thence in a northerly direction along the easterly right-of-way of Briscoe Mill Road to its intersection with the easterly right-of-way (extended) of Harry McCarty Road; thence in a northerly direction along the easterly right-of-way of Harry McCarty Road to its intersection with the easterly right-of-way of Georgia Highway No. 11; thence along the easterly right-of-way Georgia Highway No. 11 in a northerly direction to its intersection with the easterly right-of-way of County Road No. 133; thence in a northerly direction along the easterly right-of-way of County Road No. 133 to its intersection with the southerly right-of-way of Corinth Church Road; thence in a easterly direction along the southerly right-of-way of Corinth Church Road to its intersection with the southerly right-of-way (extended) of Golf Course Road; thence in a northerly
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direction along the southerly right-of-way of Golf Course Road to its intersection with the southerly right-of-way of Georgia Highway No. 53; thence in an easterly direction along the southerly right-of-way of Georgia Highway No. 53 to its intersection with the easterly right-of-way (extended) of Chapel Church Road; thence in a northerly direction along the easterly right-of-way of Chapel Church Road to its intersection with the easterly right-of-way of Picklesimon Road; thence in a northerly direction along the easterly right-of-way of Picklesimon Road to its intersection with the northerly right-of-way of Wright Street; thence in a westerly direction along the northerly right-of-way of Wright Street to its intersection with the easterly right-of-way of Georgia Highway No. 11; thence in a northerly direction along the easterly right-of-way of Georgia Highway No. 11 to its intersection with the Mulberry River; thence in a easterly direction along the Mulberry River to its intersection with the westerly right-of-way of Hancock Bridge Road; thence in a southerly direction along the westerly right-of-way of Hancock Bridge Road to its intersection with the westerly right-of-way of Pleasant Hill Church Road; thence in a southerly direction along the westerly right-of-way of Pleasant Hill Church Road to its intersection with the westerly right-of-way of Bowman Mill Road; thence in a southerly direction along the westerly right-of-way of Bowman Mill Road (a/k/a County Road No. 139 and a/k/a Jackson Trail Road) to its intersection with the southerly right-of-way of Georgia Highway 53; thence in an easterly direction along the southerly right-of-way of Georgia Highway No. 53 to its intersection with the Barrow County/Oconee County boundary line; thence in a westerly direction along the boundary lines of Barrow County to the true point of beginning. COMMISSIONER DISTRICT 3 Commence at the intersection of the northerly right-of-way of Georgia Highway No. 53 at its intersection with the Barrow County/Oconee County line; thence in a westerly direction along the northerly right-of-way of Georgia Highway 53 to the easterly right-of-way of County Road No. 139 (a/k/a Jackson Trail Road and a/k/a Bowman
5023
Mill Road); thence in a northerly direction along the easterly right-of-way of County Road No. 139 to its intersection with the easterly right-of-way of Pleasant Hill Church Road; thence in a northerly direction along the easterly right-of-way of Pleasant Hill Church Road to its intersection with the easterly right-of-way of Hancock Bridge Road; thence in a northerly direction along the easterly right-of-way of Hancock Bridge Road to its intersection with the Mulberry River; thence continue in a easterly direction along the Mulberry River and in a southerly direction along the Barrow County boundary lines continuing to the true point of beginning. COMMISSIONER DISTRICT 4 Commence at the intersection of the westerly right-of-way of Patrick Mill Road with the Appalachee River; thence in a northerly direction along the westerly right-of-way of Patrick Mill Road to its intersection (as extended) with the southerly right-of-way of the Old Bankhead Highway; thence in a westerly direction along the southerly right-of-way of the Old Bankhead Highway to its intersection with the westerly right-of-way (extended) of Pierce Road; thence in a northerly direction along the westerly right-of-way of Pierce Road to its intersection with the southerly right-of-way of Carl Cedar Hill Road; thence in a westerly direction along the southerly right-of-way of Carl Cedar Hill Road to its intersection with the westerly right-of-way (extended) of Bee Maxey Road; thence in a northerly direction along the westerly right-of-way of Bee Maxey Road to its intersection with the southerly right-of-way of Dee Kennedy Road; thence in a westerly direction along the southerly right-of-way of Dee Kennedy Road to its intersection with the westerly right-of-way of County Line Auburn Road; thence in a northerly direction along the westerly right-of-way of County Line Auburn Road to its intersection with the westerly right-of-way of Murphy Road (a/k/a County Road 40); thence in a northerly direction along the westerly right-of-way of Murphy Road to its intersection with the westerly right-of-way of Boss Hardy Road; thence in a northerly direction along the westerly right-of-way of Boss Hardy Road to its intersection with the westerly
5024
right-of-way (extended) of Clyde Boyd Road (a/k/a County Road 43); thence in a northerly direction along the westerly right-of-way of Clyde Boyd Road to its intersection with the westerly right-of-way of Old Thompson Mill Road; thence in a northerly direction along the westerly right-of-way of Old Thompson Mill Road to its intersection with the westerly right-of-way of Georgia Highway No. 211; thence in a northerly direction along the westerly right-of-way of Georgia Highway 211 to its intersection with the westerly right-of-way of Covered Bridge Road; thence in a northerly direction along the westerly right-of-way of Covered Bridge Road to its intersection with the Mulberry River; thence in a westerly direction along the Mulberry River and continuing in a southerly direction along the Barrow County/Gwinnett County boundary line to the Appalachee River; thence in an easterly direction along the Appalachee River to the true point of beginning. COMMISSIONER DISTRICT 5 Begin at the intersection of the westerly right-of-way of King Street with the southerly right-of-way of Midland Avenue in the City of Winder; thence in a southerly direction along the westerly right-of-way of King Street (extended) to its intersection with the northerly right-of-way of Georgia Highway No. 8; thence in a westerly direction along the northerly right-of-way of Georgia Highway No. 8 to its intersection with the westerly right-of-way (extended) of Horton Street; thence in a southerly direction along the westerly right-of-way of Horton Street to its intersection with the northerly right-of-way of Bill Rutledge Road; thence in a westerly direction along the northerly right-of-way of Bill Rutledge Road to its intersection with the northerly right-of-way of Matthews School Road; thence in a westerly direction along the northerly right-of-way of Matthews School Road to its intersection with the easterly right-of-way of Patrick Mill Road; thence in a northerly direction along the easterly right-of-way of Patrick Mill Road (extended) to its intersection with the northerly right-of-way of Old Bankhead Highway; thence in a westerly direction along the northerly right-of-way of Old Bankhead Highway to its intersection
5025
with the easterly right-of-way of Pierce Road; thence in a northerly direction along the easterly right-of-way of Pierce Road (extended) to its intersection with the northerly right-of-way of Carl Cedar Hill Road; thence in a westerly direction along the northerly right-of-way of Carl Cedar Hill Road to its intersection with the easterly right-of-way of Bee Maxey Road; thence in a northerly direction along the easterly right-of-way of Bee Maxey Road to its intersection with the southerly right-of-way of Dee Kennedy Road; thence in a easterly direction along the southerly right-of-way of Dee Kennedy Road to its intersection with the southerly right-of-way of Thompson Mill Road (a/k/a Georgia Highway No. 211); thence in an easterly direction along the southerly right-of-way of Thompson Mill Road to its intersection with the southerly right-of-way of Carl Cedar Hill Road; thence in a easterly direction along the southerly right-of-way of Carl Cedar Hill Road (a/k/a Cedar Hill-Rockwell Church Road) to its intersection with the southerly right-of-way of Miles Patrick Road; thence in an easterly direction along the southerly right-of-way of Miles Patrick Road, and continuing along the southerly right-of-way of Midland Avenue to the true point of beginning. COMMISSIONER DISTRICT 6 Begin at the intersection of the westerly right-of-way of Georgia Highway No. 11 with the Mulberry River; thence in a southerly direction along the westerly right-of-way of Georgia Highway No. 11 to its intersection with the southerly right-of-way of Wright Street (extended); thence in an easterly direction along the southerly right-of-way of Wright Street to its intersection with the westerly right-of-way of King Street; thence in a southerly direction along the westerly right-of-way of King Street to its intersection with the northerly right-of-way of Midland Avenue (a/k/a Miles Patrick Road); thence in a northerly direction along the northerly right-of-way of Midland Avenue (a/k/a Miles Patrick Road) to its intersection with the northerly right-of-way of Cedar Hill-Rockwell Church Road; thence in a westerly direction along the northerly right-of-way of Cedar Hill-Rockwell Church Road to its intersection with the northerly right-of-way of Georgia
5026
Highway No. 211; thence in a westerly direction along the northerly right-of-way of Georgia Highway 211 to its intersection with the northerly right-of-way (extended) of Dee Kennedy Road; thence in a westerly direction along the northerly right-of-way of Dee Kennedy Road to its intersection with the easterly right-of-way of County Line Auburn Road; thence in a northerly direction along the easterly right-of-way of County Line Auburn Road to its intersection with the easterly right-of-way of Murphy Road; thence in a northerly direction along the easterly right-of-way of Murphy Road (a/k/a County Road 40) to its intersection with the northerly right-of-way (extended) of Boss Hardy Road; thence in a westerly direction along the northerly right-of-way of Boss Hardy Road to its intersection with the easterly right-of-way of Clyde Boyd Road; thence in a northerly direction along the easterly right-of-way of Clyde Boyd Road to its intersection with the easterly right-of-way of Old Thompson Mill Road; thence in a northerly direction along the easterly right-of-way of Old Thompson Mill Road to its intersection with the easterly right-of-way of Georgia Highway No. 211; thence in a northerly direction along the easterly right-of-way of Georgia Highway 211 to its intersection with the easterly right-of-way of Covered Bridge Road; thence in a northerly direction along the easterly right-of-way of Covered Bridge Road to its intersection with the Mulberry River; thence in a easterly direction along the Mulberry River to the true point of beginning. (b) Any part of Barrow County which is not included in a commissioner district described in subsection (a) of this section shall be included within that district which is contiguous to that part and which contains the least population according to the United States decennial census of 1980 or any future such census for the State of Georgia. Section 4. Said Act is further amended by striking Section 5 thereof, relating to election of members to the board, and inserting in its place a new Section 5 to read as follows: Section 5. (a) Those members of the Board of Commissioners of Barrow County elected thereto at the November general election held in 1984, and any person who is a member
5027
of the board by reason of being selected to fill a vacancy in the office of a member so elected, shall continue to serve out their respective terms of office, which expire December 31, 1988, and until their respective successors are elected and qualified as provided in subsection (b) of this section. No one shall be elected as a member of the board from a road district at the November general election held in 1988 or any year thereafter, and those road district membership positions on the board are abolished when the members first elected from commissioner districts, as described in Section 4 of this Act, take office. (b) Members of the board first elected from Commissioner Districts 1, 3, and 5, as described in Section 4 of this Act, shall be elected at the November general election in 1988 and take office the first day of January, 1989, to serve for initial terms of office of two years each. The chairman and those members of the board first elected from Commissioner Districts 2, 4, and 6, as described in Section 4 of this Act, shall be elected at the November general election in 1988 and take office the first day of January, 1989, to serve for initial terms of office of four years each. (c) After the initial terms of office specified in subsection (b) of this section, all future successors to the chairman and members of the board whose terms of office are to expire shall be elected at the November 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 office of four years each. A person elected as chairman or other member of the board shall serve for the respective term of office specified therefor in subsection (b) of this section and this subsection and until that person's successor is elected and qualified. Section 5. Said Act is further amended by striking Section 7 thereof, relating to powers of the chairman, and inserting in its place a new Section 7 to read as follows: Section 7. (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
5028
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 Barrow County by state, federal, and other authorities for military and ceremonial functions; (4) Veto, approve, or fail to approve resolutions of the board as provided in subsection (b) of this section; and (5) Be the chief executive officer of Barrow County with authority and responsibility to implement the actions of the board and generally to supervise, direct, control, and provide for the administration of the affairs of Barrow County. (b) Every official act of the board having the force and effect of law shall be by resolution of the board. Any such resolution adopted or approved by the board shall be submitted to the chairman thereof within two calendar days following its adoption or approval. The chairman shall approve or veto the resolution within eight calendar days after adoption or approval, and no resolution shall become effective without the chairman's approval except as provided in this subsection. If the chairman vetoes a resolution, the chairman shall within two business days of such veto return it to the board accompanied by a written statement of the reasons for that veto. If the board shall pass the resolution by a vote of five of its members at the meeting next held after the resolution has been returned with the chairman's veto, it shall become law without the chairman's approval. In the event the chairman does not approve or veto the resolution within the time required, it shall become law without the chairman's approval. The chairman may veto any item or items of any resolution making appropriations; the part or parts of any resolution making an appropriation not vetoed shall become law, and the part or parts vetoed shall not become law unless passed by the board over the chairman's
5029
veto as provided in this subsection with respect to the passage of a vetoed resolution. (c) A chairman pro tempore, to be selected by the board, shall preside at board meetings in the absence of the chairman, shall have no other powers of the chairman, but shall have the same right to vote while so presiding as any other member. Section 6. Said Act is further amended by striking Section 8 thereof, relating to vacancies, and inserting in its place a new Section 8 to read as follows: Section 8. (a) In the event of a vacancy in the membership of the board, whether that vacancy is in the office of chairman or any other member, and that vacancy occurs 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 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. The election superintendent of Barrow 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 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 less than 30 days nor more than 45 days prior to
5030
the date of that special election. The person elected to fill that vacancy shall take office the first day of January following that election and shall serve out the remaining unexpired term and until a successor is elected and qualified; or (3) If the vacancy occurs at a time other than as provided for in paragraph (1) or (2) of this subsection, then within 30 days after the occurrence of said vacancy, the election superintendent of Barrow 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. The person elected to fill that vacancy shall take office within ten days after the results of that election are certified. (b) 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 7. Said Act is further amended by striking Section 13 thereof, relating to board meetings, and inserting in its place 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 four members of the board in addition to the chairman. 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. Section 8. Those provisions of this Act relating to and necessary for the election of the chairman and members of the Board of Commissioners of Barrow County at the November general election of 1988 shall become effective January 1, 1988;
5031
the remaining provisions of this Act shall become effective January 1, 1989. Section 9. 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 1987 SESSION OF THE GENERAL ASSEMBLY OF GEORGIA A BILL TO AMEND THE ACT RECREATING AND ESTABLISHING A BOARD OF COMMISSIONERS OF BARROW COUNTY (GEORGIA LAWS 1976, PAGE 4033), SO AS TO PROVIDE FOR THE NUMBER OF COMMISSIONERS OF THE GOVERNING BODY THEREOF; TO PROVIDE FOR ELECTION AND TERMS OF THE CHAIRMAN AND COMMISSIONERS OF THE COUNTY; TO PROVIDE FOR COMMISSION DISTRICT DESCRIPTIONS; AND FOR OTHER PURPOSES. RUSSELL, ADAMSON STELL, P.C. By: -s- Richard B. Russell Richard B. Russell III Attorney for Barrow County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John O. Mobley, Jr., 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 11, 1987. /s/ John O. Mobley, Jr. Representative, 64th District
5032
Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. CAMDEN COUNTY SCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 406 (House Bill No. 997). AN ACT To provide that the county school superintendent of Camden 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 Camden County holding office when this section becomes of full force and effect, as provided in Section 2 of this Act, the Board of Education of Camden County 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
5033
event 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 Camden County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Camden County School District for approval or rejection. The election superintendent shall conduct that election in conjunction with the presidential preference primary on March 8, 1988, 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 Camden 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 Camden 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 stand automatically repealed in its entirety. The expense of such election shall be borne by Camden County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
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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 regular 1987 General Assembly of Georgia a bill to provide that the county school superintendent of Camden 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. This 16th day of February, 1987. Harry D. Dixon, Representative Dist. 151 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF CAMDEN I, Allan Lipsett do hereby certify that I am publisher of The Southeast Georgian, the newspaper in which sheriff's advertisements appear for Camden County and that the attached notice was published in said newspaper on the following dates: Feb. 19, 1987. /s/ Allan Lipsett Publisher Sworn to and subscribed before me this 19th day of Feb., 1987. /s/ Donna K. Warren Notary Public (SEAL) Approved March 31, 1987.
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CITY OF ST. MARYS CORPORATE LIMITS. No. 407 (House Bill No. 996). 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), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4128), 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), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4128), is amended by inserting immediately following Section 1-105.1 a new section, to be designated Section 1-105.2, to read as follows: Section 1-105.2. In addition to other property included within the corporate limits of the City of St. Marys, the following described property shall be included: Tract 1 All that certain tract or parcel of land lying within the varying right-of-way of St. Marys Road (approximately a 175-foot right-of-way according to Department of Transportation right-of-way maps for Project No. N-AD-20-1(11), 1606th and 29th Districts, G.M., Camden County, Georgia, being more particularly described by the following described survey centerline, said survey centerline lying 124.90 feet north of the southerly right-of-way line of said St. Marys Road and 92.82 feet south of the northerly right-of-way line of said St. Marys Road, from Department of Transportation station 26+90.35 to Department of Transportation station 41+33.48 and lying between 77.83 feet and 82.30 feet north of said southerly
5036
right-of-way line and between 92.35 feet and 97.17 feet south of said northerly right-of-way line from Department of Transportation station 41 +33.48 to Department of Transportation station 145+88.57: for a point of reference commence at the centerline intersection of Interstate 95 and St. Marys Road and run north 79 degrees 12 minutes 57 seconds east, along the centerline of said St. Marys Road, a distance of 980.80 feet to a point; run thence north 10 degrees 47 minutes 03 seconds west, a distance of 32.3 feet, more or less, to a point on said survey centerline at Department of Transportation station 26+90.35 for the point of beginning. From the point of beginning thus described run north 79 degrees 12 minutes 57 seconds east, along said survey centerline, a distance of 1443.13 feet to Department of Transportation station 41+33.48, said point lying opposite the aforementioned reduction in the southerly right-of-way line of said St. Marys Road; thence continue north 79 degrees 12 minutes 57 seconds east, along said survey centerline, a distance of 823.39 feet to an angle point at Department of Transportation station 49+56.87; run thence north 79 degrees 12 minutes 26 seconds east, a distance of 2711.35 feet to a point of curvature at Department of Transportation station 76+68.22; run thence in a southeasterly direction along the arc of a curve in said survey centerline, said curve being concave to the southwest and having a radius of 1941.86 feet, a chord distance of 1439.68 feet to the point of tangency of said curve at Department of Transportation station 91+43.10, the bearing of the aforementioned chord being south 79 degrees 02 minutes 03 seconds east; run thence south 57 degrees 16 minutes 32 seconds east, along said survey centerline, a distance of 3714.49 feet to a point of curvature at Department of Transportation station 128+57.59; run thence in a southeasterly direction along the arc of a curve in said survey centerline, said curve being concave to the north and having a radius of 1877.87 feet, a chord distance of 1670.35 feet to the point of tangency of said curve at Department of Transportation station 145+88.57, for the terminus point of said survey centerline described herein, the bearing of the aforementioned chord being south 83 degrees 40 minutes 58 seconds east.
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Tract 2 All that certain tract or parcel of land being a portion of St. Marys Road, lying and being in the 1606th District, G.M., Camden County, Georgia, said tract lying 50 feet (as measured at right angles) each side of the following described centerline: For a point of beginning commence at the centerline intersection of Interstate 95 and St. Marys Road, said point being Department of Transportation centerline station 17+09.55, as shown on Department of Transportation right-of-way maps Project No. I-95-1(11)00, recorded in Plat Book 4, Page 118, Public Records of said county, and run north 79 degrees 12 minutes 57 seconds east, along said centerline of St. Marys Road, a distance of 980.80 feet to the terminus point of said centerline described herein. Tract 3 All that certain tract or parcel of land being a portion of St. Marys Road and a portion of Scrubby Bluff Road, lying and being in the 1606th District, G.M., Camden County, Georgia, said tract lying 50 feet (as measured at right angles) each side of the following described centerline: For a point of beginning commence at the centerline intersection of Interstate 95 and St. Marys Road, said point being Department of Transportation centerline station 17+09.55, as shown on Department of Transportation right-of-way maps Project No. I-95-1-(11)00, recorded in Plat Book 4, Page 118, Public Records of said county and run south 79 degrees 12 minutes 57 seconds west along said centerline of St. Marys Road, a distance of 382.89 feet to a point of curvature, said point of curvature being Department of Transportation equality station PT394+12.11BK=13+26.66FWD; run thence in a westerly direction, along the arc of a curve, said curve being concave to the north and having a radius of 1432.39 feet, a chord distance of 896.78 feet to Department of Transportation station 385+00, said point lying on the curved centerline of Scrubby Bluff Road (A 100-foot right-of-way according to Department of Transportation right-of-way maps Project No. PR5759), the bearing of the aforementioned chord being north 82 degrees 32 minutes 31 seconds
5038
west; run thence in a northwesterly direction along the arc of said curved centerline, said curve being concave to the northeast and having a radius of 1432.39 feet, a chord distance of 704.50 feet to the terminus point of said centerline described herein, said point lying on the northeasterly prolongation of the northwesterly line of lands of Wyman Westberry, according to deed recorded in Deed Book 215, Page 196, Public Records of said county, the bearing of the aforementioned chord being north 50 degrees 03 minutes 49 seconds west. Tract 4 All that certain tract or parcel of land lying and being in the 1606th District, G.M., Camden County, Georgia, being more particularly described as follows: For a point of reference commence at the point where the westerly right-of-way line of the service road to Scrubby Bluff intersects the curved southwesterly right-of-way line of Scrubby Bluff Road and run in a northwesterly direction along the arc of said curved southwesterly right-of-way line, said curve being concave to the northeast and having a radius of 1482.39 feet, an arc distance of 560.90 feet to the point of beginning. From the point of beginning thus described run south 36 degrees 52 minutes 19 seconds west, a distance of 200.0 feet to a point; run thence north 38 degrees 50 minutes 41 seconds west, a distance of 125.0 feet to a point on the southeasterly line of lands now or formerly of A.V. Grantham, et al; run thence north 36 degrees 52 minutes 19 seconds east, along said southeasterly line, a distance of 200.0 feet to a point on the curved southwesterly right-of-way line of said Scrubby Bluff Road; run thence in a southeasterly direction along the arc of a curve in said southwesterly right-of-way line of Scrubby Bluff Road, said curve being concave to the northeast and having a radius of 1482.39 feet, a chord distance of 125.0 feet to the point of beginning, the bearing of the aforementioned chord being south 38 degrees 50 minutes 41 seconds east. The land thus described contains 0.556 acres, and is the same lands as described in Deed recorded in Deed Book 215, Page 196, Public Records of said county.
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Tract 5 Legal Description of Georgia Highway 40 Spur (100 foot right-of-way) from the existing city limits to the lands of Ronald D. and Karen J. Moody, 29th G. M. District, Camden County, Georgia. A portion of that certain 100 foot wide parcel of land known as Georgia Highway 40 Spur, lying and being in the 29th G. M. District, Camden County, Georgia. Said parcel lying 50.00 feet (as measured at right angles) each side of the following described centerline. To find the point of beginning, commence at the northeast corner of lands of Morton Homes, Inc., as shown on that map of annexation by Privett Associates, Inc. for Morton Homes, Inc., dated August 29, 1985 and from said northeast corner proceed south 73 degrees 00 minutes 22 seconds east for a distance of 50 feet to the centerline of Georgia Highway 40 Spur which is the point of beginning; thence, proceed north 17 degrees 02 minutes 59 seconds east for a distance of 4575.47 feet to a point of curvature of a curve, said curve being concave to the east and having a radius of 79587.3296 feet; continue along the arc of said curved centerline a chord bearing of north 17 degrees 15 minutes 57 seconds east a distance of 599.99 feet to the point of tangencey of said curve; run thence north 17 degrees 30 minutes 03 seconds east for a distance of 1379.85 feet to a nail at the centerline intersection of said Georgia Highway 40 Spur and Mush Bluff Road 60 feet right-of-way (paved); run thence north 17 degrees 29 minutes 25 seconds east for a distance of 406.62 feet to the centerline intersection of a 20 feet paved connector with Georgia 40 Spur and Mush Bluff Road; run thence north 17 degrees 28 minutes 00 seconds east for a distance of 1978.58 feet to a point opposite the northeast corner of the lands of Ronald D. and Karen J. Moody as described in Deed Book 137, Page 89, said point being the terminus point of centerline described herein. Tract 6 All that tract or parcel of land lying and being in the 29th G. M. District, Camden County, Georgia, more specifically described as follows:
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BEGIN at a point in the western right-of-way of Georgia Spur 40 (a 100 foot right-of-way), said point being north 17 degrees 27 minutes 39 seconds east 1,167.10 feet from the intersection of Georgia Spur 40 and Elliots Bluff Road, and from said point of beginning running north 72 degrees 24 minutes 14 seconds west for a distance of 317.57 feet to a point; thence, run north 22 degrees 44 minutes 06 seconds west for a distance of 334.23 feet to a point; thence, run north 22 degrees 54 minutes 21 seconds west for a distance of 112.00 feet to a point; thence, run north 21 degrees 49 minutes 06 seconds east for a distance of 520.27 feet to a point; thence, run south 64 degrees 58 minutes 50 seconds east for a distance of 570.67 feet to a point in the western right-of-way of said Georgia Spur 40; thence, along and following the said western right-of-way of said Georgia Spur 40 south 17 degrees 12 minutes 20 seconds west for a distance of 30.06 feet to a point; thence, run north 64 degrees 59 minutes 22 seconds west for a distance of 290.92 feet to a point; thence, run south 17 degrees 34 minutes 51 seconds west for a distance of 149.90 feet to a point; thence, run south 64 degrees 58 minutes 05 seconds east for a distance of 290.88 feet to a point in the western right-of-way of said Georgia Spur 40; thence, along and following the said western right-of-way of said Georgia Spur 40 south 17 degrees 11 minutes 30 seconds west for a distance of 228.20 feet to a point; thence, run north 72 degrees 28 minutes 41 seconds west for a distance of 200.00 feet to a point; thence, run south 17 degrees 29 minutes 58 seconds west for a distance of 100.00 feet to a point; thence, run north 72 degrees 28 minutes 20 seconds west for a distance of 10.0 feet to a point; thence, run south 17 degrees 29 minutes 58 seconds west for a distance of 210.10 feet to a point; thence run south 72 degrees 30 minutes 02 seconds east for a distance of 210.00 feet to a point in the western right-of-way of said Georgia Spur 40; thence, along and following the said western right-of-way of said Georgia Spur 40 south 17 degrees 29 minutes 58 seconds west for a distance of 66.81 feet to the point of beginning, containing 7.635 acres. Section 2. All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill 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; and for other purposes. This 29th day of January, 1987. Ward Hernandez Ward Hernandez, Mayor PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF CAMDEN I, Allan Lipsett do hereby certify that I am publisher of The Southeast Georgian, the newspaper in which sheriff's advertisements appear for Camden County and that the attached notice was published in said newspaper on the following dates: Feb. 5, 1987. /s/ Allan Lipsett Publisher Sworn to and subscribed before me this 19th day of Feb., 1987. /s/ Donna K. Warren Notary Public (SEAL) Approved March 31, 1987.
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CHARLTON COUNTY BOARD OF COMMISSIONERS; ELECTIONS; DISTRICTS; QUORUM. No. 408 (House Bill No. 1007). AN ACT To amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, so as to provide for the election of members of the board from districts by the residents of such districts; to provide legislative intent; to provide for terms and qualifications; to provide for voting in districts; to provide districts; to provide for elections and procedures; to provide for a quorum; to provide for matters relative to the foregoing; to repeal specific laws; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. It is the intent of this Act to implement by local legislation the decision of the United States District Court for the Southern District of Georgia in the case of Smith v. Carter , civil action number CV585-088. Section 2. An Act creating the board of commissioners for Charlton County, approved August 4, 1927, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, 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) There is created the Board of Commissioners of Charlton County, which shall be composed of five members. One member shall be elected from each of the five commissioner districts provided in Section 2 of this Act. (b) Persons seeking membership on the board shall be registered electors eligible to vote for members of the General Assembly, shall have resided in Charlton County for at least one year immediately preceding their election, and shall have resided in their respective districts for at least six months immediately preceding their election. Otherwise, such persons must possess the qualifications as provided by law.
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(c) Each district position on the board of commissioners shall be elected only by the qualified electors of the district. Only the qualified electors of a district shall be entitled to vote for candidates seeking membership on the board from that district. It shall be expressly permissible for more than one precinct to be established within a commissioner district. (d) Upon election, if a member moves such member's residence from the district from which elected, such member's position on the board shall automatically become vacant. Section 3. Said Act is further amended by striking in its entirety Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. (a) For the purpose of electing members of the board of commissioners, Charlton County shall be divided into five commissioner districts as follows: Commissioner District 1: Begin at a point in the corporate city limits of the City of Folkston, Georgia where Love Street intersects with Third Street and from said point thence run in a westerly direction on Love Street to U.S. Highway No. 1 (Second Street); thence run in a northerly direction along U.S. Highway No. 1 (Second Street) to Cross Street (U.S. 301 Bypass); thence run in a easterly direction on Cross Street (U.S. 301 Bypass) to Georgia Highway 252; thence run in a northeasterly direction on Georgia Highway 252 to the intersection of Reynolds Road; thence run in a easterly direction and then southerly direction following Reynolds Road until Reynolds Road intersects with Georgia Highway No. 40 (Kingsland Road); thence run in a westerly direction along Georgia Highway No. 40 (Kingsland Road) to the intersection of Pine Drive; thence run in a southerly direction along Pine Drive to the intersection of Park Street; thence run in a southwesterly direction along Park Street until the intersection of Rose Avenue; thence run in a southeasterly direction along Rose Avenue until the intersection of Fern Drive; thence run in a northeasterly direction along Fern Drive until the intersection of Camp Pinckney Drive; thence
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follow Camp Pinckney Drive until Camp Pinckney Drive intersects with the St. Marys River at Camp Pinckney Landing; thence run in a southerly direction along the St. Marys River until the St. Marys River intersects with U.S. Highway No. 1 (Second Street); thence run in a northerly direction along U.S. Highway No. 1 (Second Street) to the intersection of Third Street; thence run in northerly direction along Third Street until Third Street intersects with the corporate city limits of the City of Folkston; thence run in a northeasterly direction following the corporate city limits of the City of Folkston to the easterly corner of the city limits; thence run in a northwesterly direction following the corporate city limits of the City of Folkston until the intersection of Georgia Highway No. 40 (Kingsland Road); thence run in a westerly direction along Georgia Highway No. 40 (Kingsland Road) to the intersection of Eighth Street; thence run in a southerly direction on Eighth Street to the intersection of Martin Street; thence run in a westerly direction along Martin Street to the intersection of Sixth Street; thence run in a southerly direction on Sixth Street to the intersection of Elm Street; thence run in a westerly direction on Elm Street to the intersection of Fourth Street; thence run in a northerly direction on Fourth Street to the intersection of Oak Street; thence run in a westerly direction along Oak Street to the intersection of Third Street; thence run in a northerly direction along Third Street to the intersection of Love Street and the point and place of beginning. Commissioner District 2: Begin at a point where the easterly corporate city limits of the City of Folkston intersects with Georgia Highway No. 40 (Kingsland Road) and from said point thence run in a southeasterly direction along the corporate city limits of the City of Folkston to the easterly corner of the city limits of Folkston; thence run in a southwesterly direction following the corporate city limits of the City of Folkston to the southerly corner of the city limits of the City of Folkston; thence run in a northwesterly direction following the corporate city limits of the City of Folkston to the intersection of Georgia Highway
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No. 121; thence run in a southwesterly direction along Georgia Highway No. 121 to the intersection of Spanish Creek; thence run in a northwesterly direction following the run of Spanish Creek until the intersection of Hatchers Branch; thence run in a northerly direction following the run of Hatchers Branch to the intersection of West Main Street; thence run in a easterly direction along West Main Street to the intersection of the westerly corporate city limits of the City of Folkston; thence run in a northwesterly direction following the corporate city limits of the City of Folkston to the westerly corner of the corporate city limits of the City of Folkston; thence run in a northeasterly direction along the corporate city limits of the City of Folkston to the intersection of Kelly Road; thence run in a westerly direction along Kelly Road to the intersection of Kelly Circle; thence run in a northerly direction on Kelly Circle to the intersection of Garard Road; thence run in a westerly direction on Garard Road to the intersection of Election Street; thence run in a northerly direction on Election Street to the intersection of Lake Drive; thence run in a easterly direction along Lake Drive to the intersection of Dixie Lake Road; thence run in a southeasterly direction on Dixie Lake Road to the corporate city limits of the City of Folkston; thence run in a northeasterly direction along the corporate city limits of the City of Folkston to the intersection of the El Terrace (Okefenokee Drive); thence run in a southerly direction along El Terrace (Okefenokee Drive) to the intersection of Love Street; thence run in a westerly direction on Love Street to the intersection of Magnolia Street; thence run in a southerly direction on Magnolia Street to the intersection of Main Street; thence run in a westerly direction along Main Street to the intersection of Gowen Drive; thence run in a southerly direction on Gowen Drive to the intersection of Martin Street; thence run in a easterly direction along Martin Street to the intersection of U. S. Highway No. 1 (Second Street); thence run in a northerly direction on U. S. Highway No. 1 (Second Street) to the intersection of Main Street; thence run in a westerly direction on Main Street to the center line of the CSX Railroad (formerly SCL); thence run in a northerly direction along the center line of CSX Railroad (SCL) to the intersection of Love Street; thence run in a easterly
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direction along Love Street to the intersection of First Street; thence run in a northerly direction on First Street to the intersection of Palm Street; thence run in a easterly direction on Palm Street to the intersection of U. S. Highway No. 1 (Second Street); thence run in a southerly direction on U. S. Highway No. 1 (Second Street) to the intersection of Love Street; thence run in a easterly direction on Love Street to the intersection of Third Street; thence run in a southerly direction on Third Street to the intersection of Oak Street; thence run in a easterly direction on Oak Street to the intersection of Fourth Street; thence run in a southerly direction on Fourth Street to the intersection of Elm Street; thence run in a easterly direction on Elm Street to the intersection of Sixth Street; thence run in a northerly direction on Sixth Street to the intersection of Martin Street; thence run in a easterly direction on Martin Street to the intersection of Eighth Street; thence run in a northerly direction on Eighth Street to the intersection of Georgia Highway No. 40 (Kingsland Road); thence run in a easterly direction on Georgia Highway No. 40 (Kingsland Road) to the easterly corporate city limits of the City of Folkston and the point and place of beginning. Commissioner District 3: Begin at a point where the southwesterly corporate city limits of the City of Folkston intersects with Georgia Highway No. 121 and from said point thence run in a southwesterly direction along Georgia Highway No. 121 to the intersection of Prospect Road at Prospect Church; thence run in a northerly direction along Prospect Road to the intersection of Sardis-Post Road; thence run in a northerly direction on Sardis-Post Road to the intersection of Ralph Davis Road; thence run in a westerly direction along Ralph Davis Road to the end and then continuing westerly in the same direction to the westerly boundary line of Charlton County; thence run in a southerly direction along the westerly boundary line of Charlton County to the point where the boundary line of Charlton County becomes the St. Marys River; thence continue on the County boundary line following the St. Marys River around the southern end of the county and then
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proceed in a northerly direction following the St. Marys River to the point where the St. Marys River intersects with U. S. Highway No. 1 (Second Street); thence run in a northerly direction along U. S. Highway No. 1 (Second Street) to the intersection of Third Street; thence run in a northerly direction along Third Street until Third Street intersects with the corporate city limits of the City of Folkston; thence run in a southwesterly direction along the corporate city limits of the City of Folkston to the southerly corner of the corporate city limits of the City of Folkston; thence run in a northwesterly direction following the corporate city limits of the City of Folkston back to the intersection of Georgia Highway No. 121 and the point and place of beginning. Commissioner District 4: Begin at a point south of the City of Folkston where Spanish Creek intersects with Georgia Highway No. 121 and from said point thence run in a southerly direction along Georgia Highway No. 121 to the intersection of Prospect Road at Prospect Church; thence run in a northerly direction along Prospect Road to the intersection of Sardis-Post Road; thence run in a northerly direction on Sardis-Post Road until the intersection of Mizell Road; thence run in a northwesterly direction and then curving to a northeasterly direction on Mizell Road until Mizell Road intersects with the Sardis-Post Road; thence run in a northerly direction along the Sardis-Post Road to the intersection of Grace Chapel Road; thence run in a northeasterly direction along Grace Chapel Road to the intersection of U.S. Highway No. 1 (Second Street); thence run in a southeasterly direction along U.S. Highway No. 1 (Second Street) to the point where U.S. Highway No. 1 (Second Street) forks just north of the city limits of the City of Folkston and becomes a one-way road; thence run in a southeasterly direction along the northbound lane of U.S. Highway No. 1 (Second Street) to the point where northbound U.S. Highway No. 1 (Second Street) intersects with the northerly corporate city limits of the City of Folkston; thence run in a westerly direction along the corporate city limits of the City of Folkston to a point where the corporate city limits of the City of Folkston
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intersects with the center line of CSX Railroad (formerly SCL); thence run in a southerly direction along the center line of CSX Railroad (formerly CSX) which is also a corporate city limits of the City of Folkston to a point where the corporate city limits of the City of Folkston turns and begins to run in a southwesterly direction; thence run in a southwesterly direction along the corporate city limits of the City of Folkston to the intersection of Dixie Lake Road; thence run in a northwesterly direction on Dixie Lake Road to the intersection of Lake Drive; thence run in a westerly direction on Lake Drive to the intersection of Election Street; thence run in a southerly direction on Election Street to the intersection of Garard Road; thence run in a easterly direction on Garard Road to the intersection of Kelly Circle; thence run in a southerly direction on Kelly Circle to the intersection of Kelly Road; thence run in a easterly direction along Kelly Road to the point where Kelly Road intersects with the corporate city limits of the City of Folkston; thence run in a southwesterly direction along the corporate city limits to the westerly most corner of the corporate city limits of the City of Folkston; thence run in a southeasterly direction along the corporate city limits of the City of Folkston to the point where the corporate city limits intersects West Main Street; thence run in a westerly direction along West Main Street to the intersection of Hatchers Branch; thence run in a southerly direction along Hatchers Branch until Hatchers Branch intersects with Spanish Creek; thence run in a southeasterly direction on Spanish Creek to the point where Spanish Creek intersects with Georgia Highway No. 121 and the point and place of beginning. Commissioner District 5: Begin at a point in the city limits of the City of Folkston at the intersection of U.S. Highway No. 1 (Second Street) and Main Street and from said point thence run in a southerly direction on U.S. Highway No. 1 (Second Street) to the intersection of Martin Street; thence run in a westerly direction on Martin Street to the intersection of Gowen Drive; thence run in a northerly direction on Gowen Drive to the intersection of Main Street; thence run in a easterly direction along Main Street to the intersection
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of Magnolia Street, thence run in a northerly direction on Magnolia Street to the intersection of Love Street; thence run in a easterly direction on Love Street to the intersection of El Terrace (Okefenokee Drive); thence run in a northerly direction along El Terrace (Okefenokee Drive) to the northwesterly corporate city limits of the City of Folkston; thence run in a northeasterly direction along the corporate city limits of the City of Folkston to the intersection of the center line of CSX Railroad (formerly SCL); thence run in a northerly direction along the center line of CSX Railroad (formerly SCL) which is also the corporate city limits of the City of Folkston to the northerly city limits of the City of Folkston; thence run in a easterly direction along the northerly city limits of the City of Folkston to a point where the corporate city limits intersect the northbound land of U.S. Highway No. 1 (Second Street); thence run in a northerly direction along U.S. Highway No. 1 (Second Street) to the intersection of Grace Chapel Road; thence run in a southwesterly direction along Grace Chapel Road to the intersection of Sardis-Post Road; thence run in a southerly direction along Sardis-Post Road to Mizell Road; thence run in a southwesterly direction curving to a southeasterly direction along Mizell Road to the intersection of Sardis-Post Road; thence run in a southerly direction on the Sardis-Post Road to the intersection of Ralph Davis Road; thence run in a westerly direction along Ralph Davis Road to the end and then continuing westerly in the same direction to the westerly boundary of Charlton County, Georgia; thence begin running in a north and west direction following the boundary line of Charlton County and continuing along the boundary line of Charlton County in a clockwise direction until the boundary line of Charlton County intersects Camp Pinckney Drive at Camp Pinckney Landing on the St. Marys River; thence run in a northwesterly direction along Camp Pinckney Drive to the point where Camp Pinckney Drive becomes a paved road; thence run in a northerly direction on Camp Pinckney Drive until Camp Pinckney Drive forks; thence run in a southwesterly direction on Camp Pinckney Drive to the intersection of Fern Drive; thence run in a southwesterly direction along Fern Drive to the intersection of Rose Avenue; thence run in a
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northwesterly direction along Rose Avenue to the intersection of Park Street; thence run in a northeasterly direction along Park Street to the intersection of Pine Drive; thence run in a northerly direction along Pine Drive to the intersection of Georgia Highway No. 40 (Kingsland Road); thence run in a easterly direction along Georgia Highway No. 40 (Kingsland Road) to Reynolds Road; thence run in a northerly direction along Reynolds Road and continue in a westerly direction along Reynolds Road to the intersection of Georgia Highway No. 252; thence run in a southerly direction on Georgia Highway No. 252 to the intersection of Cross Street (U.S. 301 Bypass); thence run in a westerly direction along Cross Street (U.S. 301 Bypass) to the intersection of U.S. Highway No. 1 (Second Street); thence run in a southerly direction on U.S. Highway No. 1 (Second Street) to the intersection of Palm Street; thence run in a westerly direction along Palm Street to the intersection of First Street; thence run in a southerly direction along First Street to the intersection of Love Street; thence run in a westerly direction on Love Street to the center line of CSX Railroad (formerly SCL); thence run in a southerly direction on CSX Railroad (formerly SCL) to the intersection of Main Street; thence run in a easterly direction along Main Street to the intersection of U.S. Highway No. 1 (Second Street) and the point and place of beginning. (b) Unless otherwise stated in the descriptions, where the boundaries of districts fall on streets, roads, waterways, or other geographical boundaries which do not serve as boundary lines for militia districts, the boundary lines of the districts follow the centerlines of such streets, roads, waterways, or other geographical boundaries. (c) Any references in district descriptions to the corporate limits of the City of Folkston shall mean the corporate limits as the same existed on March 31, 1986. (d) Any part of Charlton County which is not included in any commissioner district described in this section shall be included in that district contiguous to such part which contains the least population according to the 1980 United States decennial census or any future such census.
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Section 4. Said Act is further amended by striking in its entirety Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. (a) The members of the board of commissioners who were elected at the general election in November, 1986, shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this section. The remaining members shall continue in office until December 31, 1988, and until successors are elected and qualified as provided in this section. (b) At the general election to be held in November, 1988, there shall be elected members from Commissioner Districts 2 and 3. Such members shall take office on January 1 following their election for terms of four years and until successors are elected and qualified. (c) At the general election to be held in November, 1990, there shall be elected members from Commissioner Districts 1, 4, and 5. Such members shall take office on January 1 following their election for terms of four years and until successors are elected and qualified. (d) Successors to members elected under subsections (b) and (c) of this section shall be elected at the general election next preceding the expiration of terms of office and shall take office on January 1 following their election for terms of four years and until successors are elected and qualified. (e) All elections shall be conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' Section 5. Said Act is further amended by striking in its entirety Section 16 and inserting in its place a new Section 16 to read as follows: Section 16. A quorum shall consist of the chairman or vice chairman of the board and two other members. A quorum may act for the board in any matter in which a simple majority of the board is required.
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Section 6. Said Act is further amended by repealing in their entirety Section 3-B, Section 4, and Section 17. 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Charlton County, Georgia, (Ga. L. 1927, p. 529), as amended, to provide for the election of Commissioners by districts; to provide for related matters; to repeal conflicting laws; and for other purposes. This 5th day of February, 1987. Pasco S. Bryant, Chairman Charlton 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 Charlton County Herald which is the official organ of Charlton County, on the following date: February 11, 1987. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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CONYERS-ROCKDALE-BIG HAYNES IMPOUNDMENT AUTHORITY CREATION. No. 409 (House Bill No. 1050). AN ACT To create the Conyers-Rockdale-Big Haynes Impoundment Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing a surface water impoundment to be used for purposes of water supply, flood control, recreation, or conservation or any combination of such purposes and any and all other 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 such projects 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 the City of Conyers or Rockdale 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 severability; 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:
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Section 1. Short title. This Act shall be known and may be cited as the Conyers-Rockdale-Big Haynes Impoundment Authority Act. Section 2. Conyers-Rockdale-Big Haynes Impoundment Authority. (a) There is created a body corporate and politic, to be known as the Conyers-Rockdale-Big Haynes Impoundment 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. (b) The authority shall be composed of five members who shall be appointed as provided in this subsection. Two members shall be appointed by the chairman of the board of commissioners of Rockdale County; two members shall be appointed by the mayor of the City of Conyers; and one member shall be appointed by the other four members of the authority; provided, however, that, if the fifth appointment has not been made by May 10 of 1987 or any future odd-numbered year, then the superior court judge or judges of Rockdale County shall make such appointment prior to June 1. The terms of all members shall begin on June 1 and shall run until May 31 of the year of expiration and until their successors are appointed and qualified. The initial terms of office shall begin June 1, 1987, and expire May 31, 1989. Thereafter, all terms of office shall be for two years. Successors shall be appointed in the same manner as the initial members in the month of May 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 June 1, 1987, 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 but shall not be entitled to any other compensation for their service on the authority. 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
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Rockdale County for at least one year prior to the date of his or her appointment and shall not have been convicted of a felony. (d) The members of the authority shall at their first meeting after June 1 of each odd-numbered year elect one of their number as chairman. Also, the members of the authority shall at the same time 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 two years 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 officer or body which appointed the member vacating his or her position 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 or her residence from the county; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of his or her 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 Rockdale 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,
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lease, or purchase of any property to or from the authority. No member of the authority shall be a member of the board of commissioners of Rockdale County or a member of the city council of the City of Conyers or the mayor of the City of Conyers. Section 3. Definitions. As used in this Act, the term: (1) Authority means the Conyers-Rockdale-Big Haynes Impoundment 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 the project; the cost of placing 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. (3) Project shall be deemed to mean and include the acquisition, construction, and equipping of a surface water impoundment and adjacent lands, to be used for purposes of water supply, flood control, recreation, or conservation, for any combination of such purposes, or for any combination of such purposes and other purposes for which governmentally controlled impoundments are customarily used; the treatment of water, and the distribution and wholesale of water to the State of Georgia and counties and municipalities for the purpose of resale, within and without the territorial boundaries of Rockdale County; the operation, maintenance, additions, improvements, and extensions of such facilities
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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 and the provision of any such flood control, recreational, conservation, or other related services and facilities as may be deemed useful or appropriate by the authority. (4) Revenue bonds and bonds mean revenue bonds as 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, 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, either inside or outside of Rockdale County and either inside or outside the boundaries of any other political subdivision, or rights or
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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; (4) To appoint, select, and employ agents and officers including engineering, architectural, and construction experts, fiscal agents, and attorneys and fix their respective compensations, provided that other staff and office space for the authority shall be provided jointly by, and the cost thereof shared equally by, the City of Conyers and Rockdale County; (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 flood control, recreational, conservation, and other related services and facilities by the authority to such municipal
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corporations, counties, and political subdivisions or for the purchase of any such services or facilities by the authority therefrom for a term not exceeding 50 years. 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 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
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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 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 fund hereby provided 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, 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
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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 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
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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 Rockdale County or the City of Conyers nor a pledge of the faith and credit of said political subdivisions; 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 or city 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 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 any project, the maintenance, operation, repair, and insuring of any 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,
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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 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;
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(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 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
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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, 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 authority. Section 20. Venue and jurisdiction. Unless otherwise required by the Constitution, 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 Rockdale 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,
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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 of the authority is declared to be that of acquiring, managing, and otherwise dealing with a surface water impoundment and adjacent lands, within or without Rockdale County and within or without the boundaries of any other political subdivision, for purposes of water supply, flood control, or conservation, for any combination of such purposes, or for any combination of such purposes and other purposes for which governmentally controlled impoundments are customarily used, and thereafter the provision of such services and facilities to the various municipalities and citizens in Rockdale County and environs, including adjoining counties and municipalities located therein. 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. 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
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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 any project, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such 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. Section 26. Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as Rockdale 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 Rockdale 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 Rockdale County or
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any municipality located therein or any adjoining county the authority to exercise any of the powers herein granted to the authority 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. 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. LEGAL NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to create the Conyers-Rockdale-Big Haynes Impoundment Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing a surface water impoundment to be used for purposes of water supply, flood control, recreation, or conservation or any combination of such purposes and any and all other 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 such projects 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
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the rights of the holders of such obligations; to provide that no debt of the City of Conyers or Rockdale 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 severability; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. This 19th day of February, 1987. Troy Athon GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy A. Athon, who, on oath, deposes and says that he is Representative from the 57th 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: February 19, 1987. /s/ Troy A. Athon Representative, 57th District Sworn to and subscribed before me, this 20th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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CLAYTON COUNTY TOURISM AUTHORITY CREATION. No. 410 (House Bill No. 1122). AN ACT To create the Clayton County Tourism Authority; to authorize the authority to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects in Clayton County, Georgia, embracing buildings and facilities to be used for amusement, recreational, civic, cultural, and educational purposes, including fairs, expositions, exhibits, conventions, public meetings or gatherings, concerts, theater, and such other activities as are designed and intended to promote tourism, and to acquire, construct, and equip all property and things necessary or convenient for the purpose of such projects; to confer powers and impose duties on the authority; to designate the members of the authority; to authorize the authority and the various political subdivisions 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, charges, fees, and earnings of other funds of the authority to pay the cost of such projects; to authorize the collecting 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 and security instruments and encumbrances of the authority's property to secure the payment of such bonds; to provide rights for the owners of such bonds; to provide that such bonds shall not constitute a debt of the state nor of any political subdivision thereof; to exempt the revenue bonds and the 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 and jurisdiction of actions relating to any provisions of this Act; 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. Declaration of need. It is declared that there exists in Clayton County, Georgia, a need for an authority to
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function without profit in developing and promoting tourism for the public good in this state and for the cultural growth, public welfare, education, and recreation of the people of Clayton County and of this state. Section 2. Creation of authority. There is created a public body corporate and politic to be known as the Clayton County Tourism Authority, which shall be deemed a political subdivision of the State of Georgia and a public corporation by that name. Section 3. Purpose. The purpose of the authority and any funds realized by said authority shall be expended for the development and promotion in Clayton County and in this state of public projects for the cultural growth, public welfare, education, and recreation of the people of Clayton County and of this state, including the acquisition and construction of a building or buildings and related facilities, which shall be declared to be public buildings, to be used for amusement, recreational, civic, cultural, or educational purposes or a combination thereof, including fairs, expositions, exhibitions, conventions, public meetings or gatherings, concerts, theater; and for such other activities as are designed and intended to promote tourism; and for the purchase of lands, easements, rights in land, and franchises for the construction of such facility or facilities and for use in connection therewith. Section 4. Members. (a) The authority shall consist of seven members, one of whom shall be the current chairman of the Clayton County Board of Commissioners, or his designee, and six of whom shall be appointed by the Clayton County Board of Commissioners. The initial members shall be appointed for the following terms: Chairman of the Board of Commissioners, or his designee, for a term to coincide with the chairman's term of office; Two members for a one-year term; Two members for a three-year term; Two members for a four-year term. Thereafter, all appointments shall be for terms of four years, except that the appointment of any person selected to fill any
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unexpired term at any time shall be only for the remainder of such term. Upon the initial appointment, the board of commissioners shall request one recommendation from the Clayton County Municipal Association and one recommendation from the Historical Jonesboro/Clayton County, Inc. Upon the expiration of the term of any member appointed pursuant to such recommendation, the board of commissioners shall request a recommendation for a successor from the original recommending body. Each member shall hold office until his successor has been appointed and qualified and shall be eligible to succeed himself. (b) The members of the authority shall organize and enter upon the performance of their duties immediately after the effective date of this Act. The authority shall elect one of its members as chairman and one as vice chairman and shall elect a secretary and a treasurer, or a secretary-treasurer, who may but need not necessarily hold membership on the authority. Such officers shall serve for such terms as shall be prescribed by the rules of the authority or until their successors are elected and qualified. (c) Four members of the authority shall constitute a quorum, and 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, but in every instance the affirmative vote of at least four members of the authority shall be required to authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. (d) The members of the authority shall not be entitled to compensation for their services but shall be reimbursed by the authority for their actual expenses properly incurred in the performance of their duties. The authority shall make rules and regulations for its own government and may employ professional and technical supervisors, assistants, and experts and any 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 of all expenditures of every kind. Section 5. Public property. It is found, determined, and declared that the creation of the authority and the carrying
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out of its corporate purposes is in all respects for the benefit of the people of Clayton County and of this state, and that the authority is an institution of purely public charity, and 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, and the use of such property pursuant to the terms of this Act shall be and is declared to be for public and governmental purposes. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of public facilities. Section 6. Powers. The authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, but not limited to, the following powers: (1) To adopt and alter a corporate seal; (2) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises and personal property necessary or convenient for its corporate purposes and to use, lease, and dispose of real and personal property in any manner it deems to be 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 accept, receive, and administer gifts, grants, loans, appropriations, and donations of money, materials, and property of any kind, including loans and grants from the United States or the State of Georgia or any agency, department, authority, or instrumentality of either upon such terms and conditions as the United States, the State of Georgia, or such agency, department, authority, or instrumentality shall impose, and to administer trusts, and to sell, lease, transfer, convey, appropriate, pledge, mortgage, or encumber all of its property and assets; (4) To borrow money for any of its corporate purposes and to issue revenue bonds payable from the earnings of
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the projects of the authority; to execute trust agreements or indentures; and to sell, convey, mortgage, pledge, encumber, and assign any and all of its funds, assets, property, and income as security for the payment of such revenue bonds and to provide for the payment of the same and for the rights of the owners thereof; and to provide for foreclosure or forced sale of any property of the authority upon default either in payment of principal or of conditions pursuant to which such obligations were issued; (5) To contract with the State of Georgia and the agencies, instrumentalities, departments, and political subdivisions thereof and with private persons and corporations in such manner as the legitimate and necessary purposes of this Act shall authorize or require including contracts for construction and leasing, as lessor or as lessee, of projects which it causes to be erected or acquired; (6) To construct, reconstruct, acquire, equip, own, alter, repair, maintain, add to, extend, improve, operate, and manage public projects, including the erection, in Clayton County, Georgia, of a building or buildings, which shall be and are declared to be public buildings, to be used for amusement, recreational, civic, cultural, or educational purposes or a combination thereof, including fairs, expositions, concerts, theater, and such other activities as are designed and intended to promote tourism; and to purchase lands, easements, right in lands, and franchises for the construction of such facility or facilities and for use in connection therewith, the cost of any such project to be paid in whole or in part from the proceeds of the sale of revenue bonds of the authority, and the title to such property to be held by the authority only for the benefit of the public; (7) To issue revenue bonds as authorized, defined, and provided for in this Act and in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the Revenue Bond Law, in order to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, addition to, or extension of any such project; which bonds may be issued in coupon or registered form, or both, as the authority may determine and provision may be made for
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the registration of any coupon bond as to the principal alone and also as to both the principal and interest; (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 such project and to include in the amount of such refunding bonds all interest and 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 hereto 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 fund or reserves in any manner that public funds of the State of Georgia or its political subdivisions may be invested and to purchase its own bonds at a price of not more than the call price thereof and accrued interest, but bonds so purchased shall be canceled and shall not be reissued. Section 7. Powers under Revenue Bond Law. In addition to the foregoing powers and subject to any limitations herein contained, the authority shall have all the powers of municipalities under the provisions of the Revenue Bond Law and shall have the power to expend such sums as may be necessary for the survey, study, financing, construction, and completion of any such project and the placing of the same in operation. Section 8. Credit of state not pledged. Revenue bonds issued under provisions of this Act shall not constitute a debt or a pledge of the faith and credit of Clayton County, but such bonds shall be payable solely from the rentals, revenues, and funds of the authority as provided in the resolutions or trust agreements or indentures authorizing or securing the issuance and payment of such bonds, and the issuance of such bonds shall not obligate the county to levy or pledge any form of taxation
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whatsoever for the payment thereof or to make any appropriation for their payment, and such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this Act. Section 9. Legal investments. The bonds herein authorized are made securities in which all public officers and bodies of this state and all political subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons whatsoever 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 political subdivisions thereof for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized. Section 10. Contracts for use of projects. The authority may contract with any political subdivision or political subdivisions of this state for the payment of rents, fees, and charges for the use by the political subdivisions or the residents thereof of the project or projects and facilities of the authority or by the authority for the use of any public property of the political subdivision. The rentals contracted to be paid by the lessees or tenants to the authority under the contract entered into pursuant to the provisions of this Act shall constitute general obligations of the political subdivision, and the full faith and credit of the political subdivision may be pledged to provide the funds required to fulfill all obligations arising under any such contract. Any political subdivision which shall have entered into a contract pursuant to the provisions of this Act shall annually in each and every fiscal year during the term of the contract include in the general revenue or appropriation measure sums sufficient to satisfy the payments required to be made in each year by such contract until all payments required under such contract have been paid in full. In the event that for any reason any such provision or appropriation is not made, then the fiscal officers
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of such political subdivision are authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations of such contract as authorized and required, which amounts shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract, and such appropriation shall have the same legal status as if the contracting political subdivision had included the amount of the appropriation in its general revenue or appropriation measure. The fiscal officers of the political subdivision shall make such payment to the authority if for any reason such appropriation is not otherwise made, and any such political subdivision may obligate itself and its successors to use only such structure, building, or facilities constituting such project and none other. Section 11. Revenue bonds. The authority shall have power and is authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the cost of any one or a combination of its projects. The principal of and interest on such revenue bonds shall be payable from and may be secured by a pledge of rents, fees, charges, and other revenues of, and by the mortgage of, all or any part of the project or projects financed in whole or in part with the proceeds of such bonds or with the proceeds of bonds called and refunded or to be called and refunded by such issue. The bonds of each issue shall be dated, shall mature, and shall be payable as to both principal and interest as may be determined by the authority within the terms of the Revenue Bond Law, except as to any limitation as to interest which may be contained therein, and the bonds 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. 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 deposited as may be directed in the resolution or trust instrument providing for the issuance of such bonds. Section 12. Rental revenue. (a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the authority with revenue bonds, the cost of which shall include all elements of cost authorized
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by said Revenue Bond Law, the authority is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of said authority: (1) To pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof, unless such cost shall be otherwise provided for; (2) To pay the principal and interest on such revenue bonds as the same shall become due, including premiums, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects, including all elements of cost authorized by said Revenue Bond Law; (3) To comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds; (4) To perform fully all provisions of such resolution or trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged; (5) To accumulate any excess income which may be required by the purchasers of such bonds or which may be dictated by the requirements of such resolution or trust agreement or indenture or by the need to achieve ready marketability of and low interest rates on such bonds; and (6) To pay any expenses in connection with such bond issue or such project or projects including but not limited to trustees, counsel, and fiscal fees.
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(b) The rentals shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor and any such contract or lease may provide for the commencement of rental payments to the authority prior to the completion of the undertaking by the authority of any such project, and the rental contract may provide for the payment of rental charges during such times as the project or projects may be partially or wholly untenantable. (c) The rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and projects, regardless of the cause of the necessity of such maintenance, repair, or reconstruction. (d) Such rental contract or lease may obligate the tenants or lessees to indemnity and save harmless the authority from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at the expense of the tenants or lessees, the defense of any action brought against the authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises. (e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the authority may enforce performance by any legal or equitable process against the tenants or lessees, and consent may be given for the institution of any such action. (f) The authority shall be permitted to assign any rental payments due or to become due to the authority, pursuant to any such rental contract or lease, to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds. (g) The use and disposition of the authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same.
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Section 13. Sinking fund. The revenues, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the authority, regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds were issued, may be pledged by the authority to the payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds, and such funds so pledged from whatever source received may include funds received from one or more or all sources and may be set aside at regular intervals into a sinking fund for which provision may be made in any such resolution or trust instrument, which sinking fund may be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall become due; (2) The principal of the bonds as the same shall mature; (3) The necessary charges of any trustee or paying agent or registrar for such bonds; and (4) Any premium upon bonds retired upon call or purchase. The use and disposition of any sinking fund may be subject to such regulations as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same. Except as may otherwise be provided in the resolution or trust instrument, the 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 or the trust instrument, 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 cancelled and shall not be reissued, printed, and delivered. Section 14. Form of bonds. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations
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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 of Georgia. Section 15. Trust agreement. In the discretion of the authority, any issue of revenue bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee which may be any trust company or bank having the powers of a trust company inside or outside the State of Georgia. Such trust agreement or indenture may pledge or assign rents, fees, charges, revenues, and earnings to be received by the authority and any proceeds which may be derived from the disposition of any real or personal property of the authority or the proceeds of insurance carried thereon. The resolution providing for the issuance of revenue bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bond owners, including the right of foreclosure of any mortgage or encumbrance and the right of appointment of a receiver upon default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rents, fees, charges, or revenues for the use of the project necessary to pay all costs of operation and all reserves provided for, the principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. Such resolution or trust agreement or indenture may include covenants setting forth the duties of the authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or the proceeds of insurance carried thereon; and covenants providing for the operation, maintenance, repair, and insurance of the project may contain provisions concerning the conditions, if any, upon which additional bonds may be issued. Such resolution or trust agreement or indenture may set forth the rights and remedies of the bond owners and of the trustee and may restrict the individual right of action of any bond owner as is customary in securing bonds and debentures of corporations and may contain such other provisions as the authority may deem reasonable and proper for the security of the bond owners. All expenses incurred in carrying out such trust may be treated as a part of
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the cost of maintenance, operation, and repair of the project affected by such trust. Section 16. Venue of actions; jurisdiction. Any action to protect or enforce any rights under the provisions of this Act brought in the courts of the State of Georgia, shall be brought in the Superior Court of Clayton County, Georgia, and any action pertaining to validation of the bonds issued under the provisions of this Act shall be brought in said court, which shall have exclusive, original jurisdiction of such action. Section 17. Validation of bonds. All bonds of the authority shall be confirmed and validated in the Superior Court of Clayton County in accordance with the procedure of the Revenue Bond Law. The petition for validation shall be brought against said authority and, in the event the payments to be made by any political subdivision under a contract entered into between the authority and such political subdivision are pledged as security for the payment of the bonds sought to be validated, such political subdivision shall also be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be adjudicated to be in all respects valid and binding upon such defendants. It shall be incumbent upon such defendants to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of validation hearing required to be issued and published by the Clerk of the Superior Court of Clayton County, in which court such validation proceeding shall be initiated. Any citizen of the State of Georgia may intervene in the validation proceeding in accordance with the procedure prescribed in the Revenue Bond Law, and appeal from the judgment in said proceeding may be taken in accordance with the appellate procedure prescribed in said law. In the event no such appeal is filed within the time prescribed by law or, if filed, the judgment of the Superior Court of Clayton County so confirming and validating the validity and binding effect of such contract or contracts and of such bonds and the security therefor shall be forever conclusive. Section 18. Irrevocable contract. The authority shall have perpetual existence, and, while any of the bonds issued by the authority shall remain outstanding, the powers, duties, or existence
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of the authority or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner which will affect adversely the interests and rights of the owners of such bonds, and no other authority, instrumentality, or body will be created or empowered to compete with the authority so as to affect adversely the interests and rights of the owners of such bonds. The provisions of this Act shall be for the benefit of the state, the authority, and every owner of the authority's bonds and, upon and after the issuance of bonds under the provisions of this Act, shall constitute an irrevocable contract with the owners of such bonds. Section 19. Trust funds. All funds received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds or as revenues, rents, fees, charges, or other earnings or as gifts, grants, or other contributions shall be deemed to be trust funds to be held and applied solely as provided in this Act, and bond owners entitled to receive the benefits of such funds shall have a lien on all such funds until applied as provided for in any such resolution, trust agreement, or indenture of the authority. Section 20. Construction. This Act, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 21. Powers declared supplementary. The provisions of this Act shall be regarded as supplementary and additional to powers conferred by other laws and shall not be regarded as being in derogation of any powers now existing. The provisions of the Revenue Bond Law which are not in conflict herewith shall be applicable hereto and to the bonds issued hereunder and to any resolution or trust instrument adopted and entered into in order to provide for the payment of such bonds and the interest thereon. All bonds issued hereunder shall be signed in accordance with Code Section 50-17-1 of the O.C.G.A., relating to use of facsimile signatures on public securities. Section 22. 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
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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 23. Effective date. This Act shall be effective immediately upon its approval by the Governor or upon its becoming law without such approval. Section 24. Repealer. All laws and parts of law in conflict with this Act are hereby repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to create in and for Clayton County an authority with the power to create, acquire, manage, operate and otherwise deal with one of more facilities for cultural purposes, for historical purposes, for recreational purposes, or for some combination of such purposes; to provide that such authority shall be a political subdivision of the state and a public corporation; to provide for the membership, powers, operations, and management of such authority, including without limitation provisions for the issuance and payment of public debt by the authority and the formation of contractual relationships between the authority and Clayton County and other governmental entities; to provide for related matters; to repeal conflicting laws; and for other purposes. This 13th day of January, 1987. The 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
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to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: January 13, 1987. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 18th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. PEACHTREE CITY WATER AND SEWERAGE AUTHORITYCREATION; PEACHTREE CITY WATER, SEWERAGE, AND RECREATION AUTHORITY ABOLISHED. No. 411 (House Bill No. 1132). AN ACT To repeal an Act creating the Peachtree City Water, Sewerage, and Recreation Authority, approved April 17, 1973 (Ga. L. 1973, p. 2989); to create a new Peachtree City Water and Sewerage Authority; to authorize the newly created Peachtree City Water and Sewerage Authority (hereinafter referred to as 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, and the collection, treatment, and disposal of sewage waste and any related facilities; to confer powers and impose duties on the authority; to
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provide for the membership and for the appointment of members of the authority and their term of office; to authorize the authority to contract 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; to authorize the execution of trust indentures to secure the payment thereof; to define the rights of the holders of such obligations; to provide that no debt 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 repeal conflicting laws; and for other purposes. WHEREAS, the population of Peachtree City is steadily increasing and the matter of obtaining and distributing potable water to and providing sewerage collection, treatment, and disposal services for consumers and users is of prime importance and essential to the health and welfare of citizens within its boundaries and environs; and WHEREAS, it is advisable to authorize the financing, in whole or in part, of the acquisition, construction, extension, and improvement of water supply and distribution facilities and sewerage collection, treatment, and disposal facilities throughout the City of Peachtree City and environs by the issuance of revenue bonds of the authority for that purpose. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Short title. This Act may be cited as the Peachtree City Water and Sewerage Authority Act. Section 2. Water and Sewerage Authority. (a) There is created the Peachtree City Water and Sewerage Authority as a public body corporation and by such name, style, and title,
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said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law or 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 Peachtree City Water and Sewerage Authority shall be composed of five members. Within 60 days after the approval of this Act it shall be the duty of the mayor and council of the City of Peachtree City to appoint the membership of the authority, one of whom shall be appointed for a term of one year, ending December 31, 1987; one for a term of two years, ending December 31, 1988; one for a term of three years, ending December 31, 1989; one for a term of four years, ending December 31, 1990; and one for a term of five years, ending December 31, 1991. All subsequent appointments shall be for a term of five years and until their successors shall have been duly appointed and shall be made by the mayor and council of the City of Peachtree City. No person shall be appointed to membership on the authority unless he or she has the same qualifications as are required for a person to vote in Peachtree City, Georgia. Members are removed from office by the city council of Peachtree City only for misconduct or in the event they move their residence from Peachtree City. (c) Immediately after the passage of this Act and the appointment of the members, 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. The members shall also elect a secretary and a treasurer, or a secretary-treasurer, who need not be a member of the authority. An assistant secretary may also be elected at the discretion 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. The members of the authority shall not be entitled to any compensation for their services but 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.
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Section 3. Definitions. (a) As used in this Act, the term: (1) Authority means the Peachtree City 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 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 herein authorized, the construction of any project, the placing of 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 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 means and includes the acquisition and construction of systems, plants, works, instrumentalities, and properties: (A) 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; (B) used or useful in connection with the collection, treatment, 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
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plants, intercepting sewers, trunk connecting, and other sewers and water mains, filtration works, pumping stations, and equipment. (4) Revenue bonds and bonds mean revenue bonds authorized to be issued pursuant to this Act and revenue bonds may be issued by the authority as authorized herein without any other actions or proceedings. (b) Any project shall be deemed self-liquidating if, 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 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 of and interest on the revenue bonds which may be issued for the cost of such 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, 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, 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 disposition 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
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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 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 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 water mains, 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 the said system, providing for the reading of meters and keeping of pertinent records, apportioning, or designating the responsibility for any functions normally maintained by a water and sewerage system at the most reasonable cost possible; (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, 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 located in the City of Peachtree City are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; (7) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage
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projects as hereinabove defined, 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 agency or instrumentality thereof or from the State of Georgia or any agency, instrumentality, or political subdivision thereof; (8) To make loans with, and accept loans or 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; (9) To make loans with, and accept loans or grants 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, providing 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 by 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 herein defined, of any one or
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more projects and to provide by resolution for the issuance of negotiable revenue bonds for that purpose. 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 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. 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. 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 provisions may be made for registration, conversion, and exchangeability privileges, 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, 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. 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
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may bear the facsimile signature of and may be manually 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 issuance 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 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 or she 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 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 for 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 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 funds 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,
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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 multilated bonds. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. 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 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. 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, nor a pledge of the faith and credit of the said state, city, or 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 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 foregoing provisions of 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
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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 construed 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 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 16. 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 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
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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 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 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 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 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 18. Same; 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 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 hereunder or under 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,
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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 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. Same; 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 Fayette 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. Same; 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 any municipality, county, authority, political 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 to 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 said 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 said authority or of its officers, employees, or agents shall not be diminished or impaired in
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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 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 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 shortterm 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 sewage collection, treatment, and distribution facilities, making such facilities and the services thereof available to public and private consumers and users located in the City of Peachtree City and its environs, 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 herein provided 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 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.
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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 foregoing sections of this Act shall be deemed to provide 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. Section 29. Liberal construction of Act. This Act being for the welfare of the City of Peachtree City, its inhabitants, and surrounding environs shall be liberally construed to effect the purposes thereof. 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. Effect on other political subdivisions. This Act does not in any way take from Fayette County or any other political subdivision or municipality located therein the authority to own, operate, and maintain water systems or issue revenue bonds as is provided by the Revenue Bond Law of Georgia. Section 32. Specific repealer. An Act creating the Peachtree City Water, Sewerage, and Recreation Authority, approved April 17, 1973 (Ga. L. 1973, p. 2989), is repealed in its entirety. Section 33. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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Section 34. General 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 the Mayor and City Council of Peachtree City, Georgia will apply to the 1987 Georgia General Assembly for the repeal of HB 535 Act 504, known as the Peachtree City Water, Sewerage and Recreation Authority, as enacted the 17th day of April, 1973 and to create a Water and Sewerage Authority; to authorize such authority to acquire and maintain projects embracing sources of water supply and sewerage disposal, and for other purposes. Frances Meaders City Clerk Peachtree City, Georgia AFFIDAVIT OF PUBLISHER STATE OF GEORGIA COUNTY OF FAYETTE Personally appeared before me, Gary L. Cornwell, Publisher of the Fayette County News, a weekly newspaper in Peachtree City, Fayette County, Georgia; which said newspaper is the official organ of Fayette County, Georgia; Notice of Intention to Introduce Legislation, a copy of which is attached hereto, duly appeared in said newspaper on the following date, to wit: February 25th, 1987. /s/ Gary L. Cornwell Sworn and subscribed to before me, this the 25th day of February, 1987. /s/ Helen S. Teague Notary Public My Commission expires July 10, 1987 (SEAL) Approved March 31, 1987.
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RICHMOND COUNTY BOARD OF EDUCATION; COMPENSATION. No. 412 (House Bill No. 1128). AN ACT To amend an Act regulating public instruction in Richmond County, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2545), so as to change the compensation of the members and officers of the Board of Education of Richmond County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act regulating public instruction in Richmond County, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2545), is amended by striking Section 9 thereof, relating to compensation of the board of education, as amended by said amendatory Act approved March 21, 1974, and inserting in its place a new Section 9 to read as follows: Section 9. Compensation of board of education. Each member of the board except the president and vice president shall be paid the sum of $2,700.00 per annum, payable in equal monthly installments; the vice president of said board shall be paid the sum of $3,300.00 per annum, payable in equal monthly installments; and the president of said board shall be paid the sum of $3,900.00 per annum, payable in equal monthly installments. Section 2. All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 session of the General Assembly of Georgia, a bill
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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. L. 1949, p. 1435), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), an Act approved April 11, 1979 (Ga. L. 1979, p. 3990) and 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 provide for an increase in compensation for board members; to provide for other matters relating to the foregoing; to repeal conflicting laws; and for other purposes. This 24th day of February, 1987. LEONARD O. FLETCHER JR. Attorney for County Board of Education of Richmond County AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF Richmond Personally appeared before me Matt Reynolds to me known, who being sworn, deposes and says: That he/she is the authorized agent of Southeastern Newspapers Corporation, a Georgia corporation, doing business in said county under the trade name of The Augusta Herald, a newspaper published in said county; That he/she is authorized to make affidavits of publication on behalf of said publisher corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he/she has reviewed the regular editions of said newspapers published on Feb. 27, 1987, and finds that the following advertisement appeared in each of said editions, to-wit: /s/ Matt Reynolds (deponent)
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Sworn to and subscribed before me this 27th day of February, 1987 /s/ Jean H. Massey Notary Public, Richmond County, Georgia My Commission Expires February 3, 1991. (SEAL) Approved March 31, 1987. BRANTLEY COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 413 (House Bill No. 1120). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Brantley County Development Authority (Res. Act No. 236; H.R. 628-1373; Ga. L. 1968, p. 1731); 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 Brantley County Development Authority (Res. Act No. 236; H.R. 628-1373; Ga. L. 1968, p. 1731) 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.
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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 LEGISLATIONN Notice is given that there will be introduced at the 1987 regular session of the Georgia General Assembly a bill to continue in effect the local constitutional amendment relative to the Brantley County Developyent Authority. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who, on oath, deposes and says that he is Representative from the 152nd 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 26, 1987. /s/ Tommy Smith Representative, 152nd District Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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CITY OF WAYCROSS MAYOR; OFFICE CREATED; ELECTION; TERMS; POWERS; REFERENDUM. No. 414 (House Bill No. 1126). 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 office of mayor; to provide that the mayor shall be elected from the city at large; to provide for terms and qualifications; to provide for powers and duties; to provide for elections; to provide for implementation; to provide for a referendum; 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 providing and establishing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended by inserting immediately following Section 9 a new section, to be designated Section 9.1, to read as follows: Section 9.1. (a) Notwithstanding any other provision of this charter or amendatory Acts thereto, there shall be a mayor of the City of Waycross elected by the qualified electors of the city at large as provided in this section. (b) The election superintendent of the City of Waycross shall call and conduct as provided by law a special election for mayor to be held in conjunction with the presidential preference primary on March 8, 1988. The person elected shall take office upon certification of the results of the election for a term to expire on December 31, 1989, and until a successor is elected and qualified. Thereafter, the mayor shall be elected at the city election next preceding the expiration of a term of office and shall take office on January 1 following the election for a term of four years and until a successor is elected and qualified. (c) (1) The qualifications for the office of mayor shall be the same as for members of the commission, provided that the mayor must be a resident of the City of Waycross.
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(2) All persons residing in the city who are qualified and registered to vote for members of the commission shall be eligible to vote for the mayor. (d) The mayor shall be the official head of the city government and chief representative of the city, and it shall be the mayor's duty: (1) To preside at meetings of the commission, and he shall have all the rights, powers, and duties and responsibilities as a commission member except that the mayor shall be entitled to vote on matters before the mayor and commission only where there is an equal division on the question, and then the mayor shall determine the matter by his vote. The mayor shall also be entitled to vote on the election of the following officers and employees of the commission: mayor pro tempore, city manager, city attorney, and recorder; (2) As provided by law or by action of the commission, to sign contracts on behalf of the city in the absence of the city manager; (3) To keep informed about the financial and other affairs of the city and, from time to time, to present information about the affairs of the city and to recommend such measures as deemed best for the city, including statements and reports to the citizens concerning the affairs of the city; (4) To serve as a member of boards, commissions, and committees required by law or by action of the commission; (5) To be recognized as the official head of the city by the courts for the purpose of serving civil process, by the Governor for the purpose of military law, and for all ceremonial purposes. In time of danger or emergency, the mayor may, with the consent of the commission, take command of the police and govern the city by proclamation and maintain order and enforce laws; and
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(6) To perform such other duties consistent with this charter and as may be required by the commission. (e) (1) The presence of the mayor at a meeting of the commission shall not be utilized in determining a quorum. (2) A vacancy in the office of mayor shall be filled as a vacancy in the office of a member of the commission. (3) In the absence of the mayor, the members of the commission shall designate one of their number to act as mayor pro tempore. Such member shall possess the authority of the mayor during the absence of mayor. (4) The salary of the mayor shall be as provided in Section 9 of this charter. Such salary shall not be decreased during a term of office. (f) Unless enumerated in this section or otherwise in this charter, the mayor shall have no other administrative or judicial powers. The mayor shall not possess the veto power over acts of the commission. Section 2. If Section 1 of this Act is approved as provided in Section 3 of this Act, Sections 10 and 11 of an Act approved August 16, 1922 (Ga. L. 1922, p. 1087), shall stand repealed in their entirety, and the city commission shall, at its first meeting in January, 1988, choose a mayor from its membership to serve until a mayor is elected as provided in Section 1 of this Act. Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Waycross shall call and conduct an election as provided in this section for the purpose of submitting Section 1 of this Act to the electors of the City of Waycross for approval or rejection. The election superintendent shall conduct that election on the date of the 1987 city election for the City of Waycross 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 Ware County. The ballot shall have written or printed thereon the words:
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() YES () NO Shall the Act be approved which provides for the election of the mayor of Waycross by the city at large and provides for terms, qualifications, powers, and duties of the mayor? 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 Section 1 of this Act, it shall become of full force and effect immediately. If Section 1 is not so approved or if the election is not conducted as provided in this section, the remaining sections of 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 Waycross. 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating the Charter for the City of Waycross, so as to provide that the mayor of the City of Waycross shall be elected by the voters of the City at large and be assigned certain duties; for other purposes. This 20th day of February, 1987. Harry D. Dixon Representative 151st District 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
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Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County, on the following date: February 21, 1987. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 3rd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. CATOOSA COUNTY CORONER; SALARY; DEPUTY CORONER. No. 415 (House Bill No. 1140). AN ACT To amend an Act placing the coroner of Catoosa County on an annual salary, approved March 17, 1967 (Ga. L. 1967, p. 2222), as amended, so as to increase the salary of the coroner; to clarify when a deputy coroner may act in the place of the coroner; 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 placing the coroner of Catoosa County on an annual salary, approved March 17, 1967 (Ga. L. 1967, p.
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2222), as amended, is amended by striking Section 2 of said Act in its entirety and inserting in its place a new Section 2 to read as follows: Section 2. The coroner shall receive an annual salary of $2,400.00, payable in equal monthly installments from the funds of Catoosa County. Section 2. Said Act is further amended by adding a new Section 2A to read as follows: Section 2A. Any deputy coroner shall have the same powers as the coroner but shall act as coroner, and collect a fee for such duties, only when the coroner is unable himself to act. The coroner shall be deemed to be unable to act only if he has been contacted and fails or refuses to perform his duties or if a deputy is unable to locate or reach the coroner. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE Notice of Intent to request introduction of Local Legislation to increase compensation of the Coroner of Catoosa County and for other purposes. David Carlock, Coroner PROOF OF PUBLICATION STATE OF GEORGIA CATOOSA COUNTY Before me, an officer duly 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 1 times, on the issues dated, to-wit: January 28, 1987 /s/ Jim Caldwell
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Sworn to and subscribed before me, this the 5th day of March, 1987 /s/ Juanita Caldwell Notary Public, Georgia, State at Large My Commission Expires Apr 22, 1989 (SEAL) Approved March 31, 1987. WALKER COUNTY STATE COURT; SECRETARY. No. 416 (House Bill No. 1127). 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 March 20, 1986 (Ga. L. 1986, p. 4144), so as to provide for a secretary for the judge of the court; to provide for selection, service, and compensation of the secretary; 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 State Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4144), is amended by adding at the end of Section 3 a new subsection (c) to read as follows: (c) In addition to the secretary appointed by the solicitor pursuant to Section 10.1 of this Act, the judge shall have the authority to appoint a secretary who shall serve at the pleasure of the judge and shall perform such duties as may be prescribed by the judge. Such secretary shall be compensated
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from funds of Walker County in the amount of $350.00 per month or such higher amount not to exceed $500.00 per month as may be fixed by the judge with the approval of the governing authority of Walker 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 hereby given that there will be introduced at the regular 1987 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, to provide for Secretary and compensation for State Court Judge's Office. This the 2nd day of February, 1987. C. Donald Pepper JUDGE, State Court Walker County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, 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 4, 1987. /s/ Michael M. Snow Representative, 1st District Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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CITY OF SKY VALLEY HOMESTEAD EXEMPTION; REFERENDUM. No. 417 (House Bill No. 1129). AN ACT To provide for a $10,000.00 homestead exemption from all City of Sky Valley ad valorem taxes for residents of that city; to provide for procedures relative 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: 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 Sky Valley, Georgia, is granted an exemption on that person's homestead from all City of Sky Valley ad valorem taxes in the amount of $10,000.00. 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 Sky Valley may by ordinance provide the procedures and requirements necessary for the proper administration of this exemption. Section 4. 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 5. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1987. Section 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Sky Valley 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 Sky Valley for approval or rejection. The
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election superintendent shall conduct that election on December 1, 1987, 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 Rabun County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a $10,000.00 homestead exemption from all of City of Sky Valley ad valorem taxes for residents of that city? 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 Sky Valley. 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 hereby given that a local bill will be introduced in the current session of the General Assembly of the State of Georgia for the City of Sky Valley, Georgia for the purpose of passing a local law providing for a homestead exemption from all City of Sky Valley, Georgia ad valorem taxes of $10,000.00 for all residents of said City, with said act to provide for a referendum to be held by the City of Sky Valley, Georgia for approval of said local law. George W. Mason, Mayor City of Sky Valley
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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 26, 1987. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 3rd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. CITY OF BALL GROUND CORPORATE LIMITS. No. 418 (House Bill No. 1119). AN ACT To amend an Act creating a charter for the City of Ball Ground, in Cherokee County, Georgia, approved February 18, 1941 (Ga. L. 1941, p. 1084), as amended, so as to expand the corporate limits; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. An Act creating a charter for the City of Ball Ground, in Cherokee County, Georgia, approved February 18, 1941 (Ga. L. 1941, p. 1084), as amended, is amended by inserting a new Section 2A to read as follows: Section 2A. In addition to any other territory lying within the corporate limits of the City of Ball Ground, those corporate limits shall also include: (1) The right of way of Canton Highway, formerly known as State Route 5, beginning at the present Ball Ground City Limits, which is a circle having a radius of one-half mile from the center of town as shown on the attached Exhibit A, at the point where said city limits intersect with the right of way of Canton Highway at the northernmost point of said highway as it proceeds toward Ball Ground from Canton, thence.7 miles along said right of way in a southwesterly direction to a point on the right of way of Canton Highway located 100 feet south of the intersection of the right of way of Canton Highway and the southernmost right of way of Howell Bridge Road, having a 240 foot right of way. (2) The right of way of Howell Bridge Road, having a 240 foot right of way, beginning at its point of intersection with the right of way of Canton Highway, thence.2 miles westerly along the right of way of Howell Bridge Road to a point on the right of way of Howell Bridge Road located 100 feet west of the intersection of the right of way of Howell Bridge Road and the westernmost right of way of Interstate 575. (3) The right of way of State Route 372 West, also known as Canton Highway and formerly known as State Route 5, beginning at the present Ball Ground City Limits, which is a circle having a radius of one-half mile from the center of town as shown on the attached Exhibit A, at the point where said city limits intersect with the right of way of State Route 372 at the southernmost point of said highway as it proceeds toward Ball Ground from Nelson, thence.6 miles along said right of way in a northerly direction to a point on the right of way of State Route 372 and the northernmost right of way of Commerce Lane, having a 240 foot right of way.
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(4) The right of way of Old Canton Road, beginning at the present Ball Ground City Limits, which is a circle having a radius of one-half mile from the center of town as shown on the attached Exhibit A, at the point where said city limits intersects with the right of way of Old Canton Road as said highway proceeds in a northerly direction toward Ball Ground from Canton Highway, thence.2 miles along said right of way in a southerly direction to the intersection of said right of way with the easterly right of way of Canton Highway, having a 50 foot right of way. (5) The right of way of Old Canton Road, beginning at the present Ball Ground City Limits, which is a circle having a radius of one-half mile from the center of town as shown on the attached Exhibit A, at the point where said city limits intersect with the right of way of Old Canton Road at the southernmost point of said highway as it proceeds toward Ball Ground from Highway 372 between Nelson and Ball Ground, thence.3 miles along said right of way in a northerly direction to the intersection of said right of way with the northern most right of way of Commerce Lane, having a 50 foot right of way. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE Intent to introduce legislation to extend the city limits of the City of Ball Ground during the 1987 session of the Georgia General Assembly, February 20, 1987. W. G. Hasty Allyn Prichard GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William 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
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Tribune which is the official organ of Cherokee County, on the following date: February 25, 1987. /s/ William G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. BACON COUNTY BOARD OF COMMISSIONERS; COMPENSATION; EXPENSES; PER DIEM. No. 419 (House Bill No. 1137). AN ACT To amend an Act creating the Board of Commissioners for Bacon County, Georgia, approved April 2, 1963 (Ga. L. 1963, p. 2665), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3356), so as to change the compensation of the members of the board of commissioners; to allow the board to set the compensation the members shall receive, up to a fixed limit; to authorize reimbursement of travel and actual expenses of the chairman and members of the board; to authorize a per diem in addition to expenses; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. An Act creating the Board of Commissioners for Bacon County, Georgia, approved April 2, 1963 (Ga. L. 1963, p. 2665), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3356), is amended by striking Section 5 of said Act and inserting in lieu thereof a new Section 5 to read as follows: Section 5. Compensation. The compensation of the chairman of the board shall be not less than $10,000.00 per annum, the exact amount to be determined by the Board of Commissioners of Bacon County, provided that, should a county manager be employed for Bacon County and the chairman's duties cease as a result thereof to be a full-time responsibility, the compensation of the chairman of the board shall be $3,600.00 per annum, to be paid in equal monthly installments out of the funds of Bacon County. The compensation of each of the other members of said board, other than the chairman, shall be not less than $1,200.00 nor more than $1,800.00 per annum, to be determined by the Board of Commissioners of Bacon County, to be paid in equal monthly installments out of the funds of Bacon County. In addition to the compensation provided for above, the board may provide each member an additional amount not to exceed $25.00 per meeting for each extra session or special meeting called in addition to regular meetings. The board may provide that the chairman and the other members of the board be reimbursed, at a rate not to exceed that provided for members of the General Assembly, for mileage to and from their homes to the county courthouse to attend regular and special meetings of the board and for any other travel in the general performance of their duties as a member of the board of commissioners. The chairman and the other members of the board shall be entitled to reimbursement from the county for actual expenses incurred by them while engaged in county business. In addition to travel and actual expenses, the board may at its discretion authorize a per diem allowance, not to exceed in amount the per diem allowance provided for members of the General Assembly, to any board member when such board member is required to travel outside the county in the pursuance of county business. 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.
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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 1987 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners for Bacon County, approved April 2, 1963 (Ga. L. 1963, p. 2665), as amended; and for other purposes. This 16th day of February, 1987. Wesley Johnson GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Alma Times-Statesman which is the official organ of Bacon County, on the following date: February 19, 1987. /s/ Tommy Smith Representative, 152nd District Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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TOOMBS COUNTY BOARD OF EDUCATION; ELECTIONS; COMPOSITION; DISTRICTS; TERMS; COMPENSATION. No. 420 (House Bill No. 1135). AN ACT To provide for the election of members of the Board of Education of Toombs County; to provide that said board shall be composed of seven members; to provide for education districts; to provide for qualifications, initial and regular terms of office, officers, and compensation of members of the board of education; to provide a method for filling vacancies; to provide for other matters relative thereto; to provide for specific repeal of a certain Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Board of Education of Toombs County shall be composed of seven members to be elected by a majority of the voters of the Toombs County School District as herein provided. For the purpose of electing the members of the Board of Education of Toombs County, the Toombs County School District is divided into six education districts as follows: EDUCATION DISTRICT 1 Beginning at a point where the northern boundary line of the city limits of the City of Lyons intersects the center line of U. S. Highway No. 1 (State Street), and run thence in a southerly direction along the center line of U. S. Highway No. 1 to a point where it intersects the center line of Roosevelt Street; thence in an easterly direction along the center line of Roosevelt Street to its intersection with the center line of Lanier Street; thence in a southerly direction along the center line of Lanier Street to its intersection with the center line of Toombs Avenue; thence in an easterly direction along the center line of Toombs Avenue to its intersection with the center line of Lexington Street; thence in a southerly direction along the center line of Lexington Street to its intersection with the center line of U. S. Highway No. 280; thence
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in a southeasterly direction along the center line of U. S. Highway No. 280 to its intersection with the center line of an unnamed public street in the City of Lyons said unnamed street intersecting the southern end of Madison Street at right angles; thence in an easterly direction along the center line of said unnamed public street to its intersection with the center line of an unnamed public street, said unnamed street running in a southerly direction at right angles to the first unnamed public street referred to above; thence in a southerly direction along the center line of said unnamed public street to its intersection with the center line of U. S. Highway No. 280; thence in a southeasterly direction along the center line of U. S. Highway No. 280 to its intersection with the southeastern boundary line of the city limits of the City of Lyons; thence in a northerly and westerly direction along the boundary line of the city limits of the City of Lyons to the point of beginning. EDUCATION DISTRICT 2 Beginning at a point where the northern boundary line of the city limits of the City of Lyons intersects the center line of U. S. Highway No. 1 (State Street); and run thence in a southerly direction along the center line of U. S. Highway No. 1 to a point where it intersects the center line of Roosevelt Street; thence in an easterly direction along the center line of Roosevelt Street to its intersection with the center line of Lanier Street; thence in a southerly direction along the center line of Lanier Street to its intersection with the center line of Toombs Avenue; thence in an easterly direction along the center line of Toombs Avenue to its intersection with the center line of Lexington Street; thence in a southerly direction along the center line of Lexington Street to its intersection with the center line of U. S. Highway No. 280; thence in a southeasterly direction along the center line of U. S. Highway No. 280 to its intersection with the center line of an unnamed public street in the City of Lyons, said unnamed street intersecting the southern end of Madison Street at right angles; thence in an easterly direction along the center line of said unnamed public street to its intersection with the center line of an unnamed public street, said unnamed street running in a southerly direction at right angles to the first unnamed public street referred to above; thence in
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a southerly direction along the center line of said unnamed public street to its intersection with the center line of U. S. Highway No. 280, thence in a southeasterly direction along the center line of U. S. Highway No. 280 to its intersection with the southeastern boundary line of the city limits of the City of Lyons; thence in a southwesterly direction along the boundary line of the city limits of the City of Lyons to its intersection with the center line of County Road No. 337 (Center Road); thence in a northeasterly direction along the center line of County Road No. 337 (Center Road) to its intersection with the center line of U. S. Highway No. 280; thence westerly along the center line of U. S. Highway No. 280 to its intersection with the eastern boundary line of the city limits of the City of Lyons; thence in a northerly direction along the boundary line of the city limits of the City of Lyons to the point of beginning. EDUCATION DISTRICT 3 Beginning at a point where the northern boundary line of Toombs County intersects the center line of U. S. Highway No. 1 and run thence easterly and southeasterly along the boundary line of Toombs County to its intersection with the center line of the Seaboard Coastline Railroad; thence in a westerly direction along the center line of the Seaboard Coastline Railroad to its intersection with the eastern boundary line of the city limits of the City of Lyons; thence in a northerly, westerly, and southerly direction along the line of the city limits of the City of Lyons to its intersection with the center line of U. S. Highway No. 280; thence in a westerly direction along the center line of U. S. Highway No. 280 to its intersection with the eastern boundary line of the city limits of the City of Vidalia; thence in a northerly and westerly direction along the boundary line of the city limits of the City of Vidalia to its intersection with the western boundary line of Toombs County; thence northerly and easterly along the boundary line of Toombs County to the point of beginning. EDUCATION DISTRICT 4 Beginning at a point where the southern boundary line of the city limits of the City of Lyons intersects the center
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line of U. S. Highway No. 1 and runs thence in a westerly direction along the boundary line of the city limits of the City of Lyons to its intersection with the center line of County Road No. 337 (Center Road); thence in a northeasterly direction along the center line of County Road No. 337 (Center Road) to its intersection with the center line of U. S. Highway No. 280; thence in a westerly direction along the center line of U. S. Highway No. 280 to its intersection with the eastern boundary line of the city limits of the City of Vidalia; thence in a southerly and westerly direction along the boundary line of the city limits of the City of Vidalia to its intersection with the western boundary line of Toombs County; thence in a southerly direction along the western boundary line of Toombs County to its intersection with the center line of County Road No. 93; thence in an easterly direction along the center line of County Road No. 93 to its intersection with the center line of County Road No. 78; thence in a northerly direction along the center line of County Road No. 78 to its intersection with the center line of County Road No. 245; thence in an easterly direction along the center line of County Road No. 245 to its intersection with the center line of Georgia Highway No. 15; thence in a southerly direction along the center line of Georgia Highway No. 15 to its intersection with the center line of Georgia Highway No. 56; thence in a northeasterly direction along the center line of Georgia Highway No. 56 to its intersection with the center line of County Road No. 333; thence in a northerly direction along the center line of County Road No. 333 to its intersection with the center line of Georgia Highway No. 147; thence in a northerly direction along the center line of Georgia Highway No. 147 to its intersection with the southern boundary line of the city limits of the City of Lyons; thence in a westerly direction along the boundary line of the city limits of the City of Lyons to the point of beginning. This district shall also consist of all land located within the corporate boundaries of the City of Charles, Toombs County, Georgia. EDUCATION DISTRICT 5 Beginning at a point where the center line of County Road No. 93 intersects the western boundary line of Toombs
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County, and run thence in an easterly direction along the center line of County Road No. 93 to its intersection with the center line of County Road No. 78; thence in a northerly direction along the center line of County Road No. 78 to its intersection with the center line of County Road No. 245; thence in an easterly direction along the center line of County Road No. 245 to its intersection with the center line of Georgia Highway No. 15; thence in a southerly direction along the center line of Georgia Highway No. 15 to its intersection with the center line of U.S. Highway No. 1; thence in a southerly direction along the center line of U.S. Highway No. 1 to its intersection with the southern boundary line of Toombs County which is the Altamaha River; thence in a westerly direction along the southern boundary line of Toombs County (the Altamaha River) to its intersection with the western boundary line of Toombs County; thence in a northerly direction along the western boundary line of Toombs County to the point of beginning. EDUCATION DISTRICT 6 Beginning at a point where the center line of the Seaboard Coastline Railroad intersects the eastern boundary line of Toombs County, which is Ohoopee River, and runs thence in a westerly direction along the center line of the Seaboard Coastline Railroad to its intersection with the eastern boundary line of the city limits of the City of Lyons; thence in a westerly and southerly direction along the boundary line of the city limits of the City of Lyons to its intersection with the center line of Georgia Highway No. 147; thence in a southeasterly direction along the center line of Georgia Highway No. 147 to its intersection with the center line of County Road No. 333; thence in a southerly direction along the center line of County Road No. 333 to its intersection with the center line of Georgia Highway No. 56; thence in a southwesterly direction along the center line of Georgia Highway No. 56 to its intersection with the center line of U.S. Highway No. 1; thence in a southerly direction along the center line of U.S. Highway No. 1 to its intersection with the southern boundary line of Toombs County which is the Altamaha River; thence in an easterly direction along the southern boundary line of Toombs County (the Altamaha River) to its intersection with the eastern boundary line of Toombs
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County; thence in a northerly direction along the eastern boundary line of Toombs County to the point of beginning. Section 2. Any part of the Toombs County School District which is not included in any education district described herein 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 for the State of Georgia. Section 3. The within descriptions of education districts of the Toombs County School District are derived from the General Highway Map, Toombs County, Georgia, Prepared by the Department of Transportation, Division of Planning and Programming, Planning Data Services, dated 1984, showing a last revision date of April 22, 1983, and bearing the numerical designation of 279/138, which map is incorporated herein for a more particular description of the education district boundaries herein set forth. Section 4. Each education district shall have one member of the board of education who at the time of election and during his continuance in office shall be a bona fide resident of Toombs County and the education district from which elected and must also at the time of qualification for election have been a registered voter and elector of Toombs County and the education district for which he offers for election at least one year prior to qualification for election. Candidates seeking election shall be voted upon by the qualified voters of the education district in which each resides. Section 5. The seventh member of the board of education shall be the chairman and he shall at the time of election and during his continuance in office be a bona fide resident of Toombs County and the Toombs County School District and must also at the time of qualification for election have been a registered voter and elector of Toombs County and the Toombs County School District at least one year prior to qualification for election. The chairman shall be voted upon by the qualified voters of the Toombs County School District. Section 6. The members of the board of education who are presently serving shall continue in office until their successors
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are duly elected and qualified as provided for herein. The members of the board from Education Districts 2, 4, and 6 shall, in 1988, be elected for a term of four years ending December 31, 1992. The chairman and members of the board from Education Districts 1, 3, and 5 shall, in 1990, be elected for a term of four years ending December 31, 1994. Future members of the board shall be elected for terms of four years beginning on the first day of January next following their election. Section 7. In the event a vacancy in the membership of the board occurs for any reason other than the expiration of a term of office, and the unexpired term is six months or more, the vacancy shall be filled by special election. If such unexpired term shall be less than six months, then the vacancy shall be filled at the next general election. Special elections shall be called in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A. Section 8. The chairman shall be compensated at the rate of $300.00 per month and all other members shall be compensated at the rate of $200.00 per month. Section 9. An Act relating to the Board of Education of Toombs County, approved April 17, 1973 (Ga. L. 1973, p. 3022), as amended by an Act approved March 21, 1984 (Ga. L. 1984, p. 4669) is repealed in its entirety. Section 10. All laws and parts of law 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 1987 session of the Georgia General Assembly to amend an act approved April 17, 1973 (Georgia L. 1973, page 3022) as amended, to provide for the election of the Toombs County Board of Education from new education districts; to repeal conflicting laws; and for other purposes. TOOMBS COUNTY BOARD OF EDUCATION GEORGIA, FULTON COUNTY
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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger C. Byrd, 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: February 26, 1987. /s/ Roger C. Byrd Representative, 153rd District Sworn to and subscribed before me, this 4th day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. GLASCOCK COUNTY CHIEF DEPUTY SHERIFF; DEPUTY SHERIFFS; COMPENSATION. No. 421 (House Bill No. 1142). AN ACT To amend an Act abolishing the fee system of compensation for the sheriff of Glascock County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2181), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3550), so as to change the provisions relating to the compensation of the chief deputy sheriff and deputy sheriffs; to provide an effective date; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act abolishing the fee system of compensation for the sheriff of Glascock County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2181), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3550), is amended by striking Section 4 and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The sheriff shall have the authority to appoint such deputies as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The total compensation for such deputies shall be set by the sheriff with the approval of the board of commissioners but in no event shall the total compensation be less than the total compensation being paid to such deputies on February 1, 1987. It shall be within the sole power and authority of the sheriff, during his 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 his sole discretion. 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 1987 session of the General Assembly of Georgia a bill to amend an Act abolishing the fee system of compensation for the sheriff of Glascock County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2181), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3550); and for other purposes.
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This 19 day of February, 1987. -s-Charles C. Roberts GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward D. Ricketson, Jr., 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 Gibson Record and Guide which is the official organ of Glascock County, on the following date: February 27, 1987. /s/ Edward D. Ricketson, Jr. Representative, 82nd District Sworn to and subscribed before me, this 3rd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. FLOYD COUNTY TAX COMMISSIONER; COMPENSATION; SUPPLEMENT. No. 422 (House Bill No. 1124). AN ACT To amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in their place the office of tax commissioner of Floyd County, approved February
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17, 1950 (Ga. L. 1950, p. 2749), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4405), so as to authorize the Board of Commissioners of Floyd County to supplement the compensation of that tax commissioner; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in their place the office of tax commissioner of Floyd County, approved February 17, 1950 (Ga. L. 1950, p. 2749), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4405), is amended by striking subsection (b) of Section 7 thereof, which reads as follows: (b) The base salary provided herein is the authorized minimum with the salary to be set by the Board of Commissioners of Floyd County at its discretion. The increases for experience are the authorized minimums with the actual amount for experience to be determined by the board of commissioners., and inserting in its place a new subsection to read as follows: (b) The compensation payable to the tax commissioner under subsections (a) and (c) of this section shall be the minimum compensation therefor, and the Board of Commissioners of Floyd County may supplement that compensation in such amounts as that board may determine in its sole discretion, but nothing herein shall authorize the Board of Commissioners of Floyd County to reduce the salary of the Tax Commissioner at the time this Act shall become effective. 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 1987 session of the General Assembly of Georgia a bill to amend an
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Act creating the office of tax commissioner of Floyd County, approved February 17, 1950 (Ga.L.1950, p. 2749), as amended; and for other purposes. This 24th day of February, 1987. Rep. Paul E. Smith Rep. E. M. Childers Rep. Forrest L. McKelvey Sen. 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: February 27, 1987. /s/ E. M. Childers Representative, 15th District Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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CLINCH COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 423 (House Bill No. 1040). AN ACT To provide for the collection of an additional fee for the benefit of the Clinch County Law Library on each case filed in the Magistrate Court of Clinch County; to provide for the amount of the fee; to provide for certain procedures relating to the collection and remittance of such fee; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Magistrate Court of Clinch County shall collect a fee not to exceed $3.00 on each case filed in said court, in addition to all other legal costs, for the benefit of the Clinch County Law Library. The exact amount of the fee shall be fixed by the chief judge of the Alapaha Judicial Circuit. Section 2. The clerk of the magistrate court shall collect the law library fee on each case filed in said court and remit the same to the treasurer of the board of trustees of the law library on the first day of each month. 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 1987 session of the General Assembly of Georgia a bill to provide for the collection of additional costs in cases before the Magistrate Court of Clinch County for the benefit of the Clinch County Law Library; 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.
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This 16th day of February, 1987. Honorable Tom Crosby, Representative 150th District House of Representatives Berrien L. Sutton Sutton, Reddick, Hackel Hackel Attorney for Clinch County Board of Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosby, Jr., who, on oath, deposes and says that he is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clinch County News which is the official organ of Clinch County, on the following date: February 19, 1987. /s/ Tom Crosby, Jr. Representative, 150th District Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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CITY OF WAYCROSS BOARD OF EDUCATION; ELECTIONS; DISTRICTS; TERMS; REFERENDUM. No. 424 (House Bill No. 1028). 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 December 26, 1888 (Ga. L. 1888, p. 334), and an Act approved August 11, 1927 (Ga. L. 1927, p. 1701), so as to provide for the election of members of the Board of Education of the City of Waycross; to provide for education districts; to provide for the election of a member from each district by the residents thereof; to provide for terms; to provide for qualifications and the filling of vacancies; 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 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 December 26, 1888 (Ga. L. 1888, p. 334), and an Act approved August 11, 1927 (Ga. L. 1927, p. 1701), is amended by striking in its entirety Section 1 of said 1888 amendatory Act, as amended by said 1927 amendatory Act, and inserting in its place a new Section 1 to read as follows: Section 1. (a) The Board of Education of the City of Waycross shall consist of seven members. For the purpose of electing members of the board, the City of Waycross shall be divided into seven education districts described as follows: Education District 1: Beginning at a point on Carswell Avenue where it intersects the City Limit line; thence running East along Carswell Avenue to its intersection with the railroad tracts (at Perham Street); thence running Northwest
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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 tracks 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 running West along Crescent Street to Dorothy Street; thence running North along Dorothy Street to the City Limits at Blackshear Avenue; thence Westerly and Southerly along the City Limits to Carswell Avenue, being the point of beginning. Education 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
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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 tracks; thence running Northwest along railroad tracks 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 southeast 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 along Dixie Highway to City Boulevard, being the point of beginning. Education 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
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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 Maron 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 to Tebeau Street; thence running North along Tebeau Street to railroad tracks at Brunswick Avenue; thence running Northwest along railroad tracks to intersection of railroad tracks at Perham Street if extended; thence running South along said railroad tracks 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. Education District 4: Beginning at a point at the most northeastern 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 Trail; 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 tracks; thence running Southwest along the railroad tracks to
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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 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. Education District 5: Beginning at a point at the City Limits line on Dorothy 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
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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 Trail; 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 its most northeastern intersection with the City Limits line; thence running North and Northwesterly along the City Limits line to Dorothy Street, being the point of beginning. Education District 6: Beginning at a point at the City Limits line on Dorothy 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 Southeast 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 along Dixie Highway to 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;
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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 tracks at Brunswick Avenue; thence Northeast along said railroad tracks to its intersection with the railroad tracks at Perham Street if extended; thence South along said railroad tracks to its intersection with the Waycross-Savannah railroad tracks; thence Southwest along said railroad tracks to the City Limits line; thence Westerly and Northerly along the South and West City Limits line to the point of beginning. Education District 7: Beginning at a point at the City Limits line on Dorothy Street; thence running South along Dorothy Street to
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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 Southeast 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 along Dixie Highway to 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
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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 tracks at Brunswick Avenue; thence Northeast along said railroad tracks to its intersection with the railroad tracks at Perham Street if extended; thence South along said railroad tracks to its intersection with the Waycross-Savannah railroad tracks; thence Southwest along said railroad tracks to the City Limits line; thence Easterly, Northerly and Westerly along the South, East and North City Limits line to the point of beginning. (b) Any part of the City of Waycross which is 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 1980 United States decennial census or any future such census. (c) The members of the Board of Education of the City of Waycross in office on the effective date of this Act shall serve until December 31, 1987, and until successors are elected and qualified. (d) At the city election held in 1987, there shall be elected the seven members of the board. Members elected from Education Districts 1, 2, 3, and 6 shall take office on January 1 following the election for terms of two years and until successors are elected and qualified. Thereafter, successors shall be elected at the city election next preceding the expiration of terms of office and shall take office on January 1 following the election for terms of four years and until successors are elected and qualified. Members elected from Education Districts 4, 5, and 7 shall take office on January 1 following the election for terms of four years and until successors are elected and qualified. Thereafter, successors shall be elected at the city election next preceding the expiration of terms of office and shall take office on January 1
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following the election for terms of four years and until successors are elected and qualified. (e) (1) One member of the board shall be elected from each education district solely by the electors residing within the respective district. A candidate for membership on the board may not offer for election to the board from a district unless such candidate resides within the district. Otherwise, no person shall be eligible for membership on the board unless the person is at least 21 years of age and has been a resident of Waycross for at least one year immediately preceding the election. (2) A member of the board shall reside in the district from which elected. If a member moves his residence from such district, his position on the board shall automatically become vacant. (3) The board shall have the power to fill a vacancy in its membership occasioned by death, resignation, or otherwise for the remainder of an unexpired term and until a successor is elected and qualified. Section 2. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of the City of Waycross shall call and conduct an election for the purpose of submitting this Act to the electors of the City of Waycross for approval or rejection. The election shall be conducted not later than October 1, 1987. 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 Ware County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for terms and for the election of members of the Board of Education of the City of Waycross from districts by the residents of such districts? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of
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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. Additionally, if the election is not conducted on or before October 1, 1987, this Act shall be automatically repealed on October 2, 1987. The expense of such election shall be borne by the City of Waycross. 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 1987 session of the General Assembly of Georgia a bill to amend an Act establishing a system of public schools for the Town (now City) of Waycross, approved October 22, 1887 (Ga. Laws 1887, p. 833), and the Act amendatory thereof, approved December 26, 1888 (Ga. Laws 1888, p. 334), as said Acts have been amended, particularly by an Act approved August 11, 1927 (Ga. Laws 1927, p. 1701), so as to provide for districts for the election of members of The Board of Education of the City of Waycross, to provide for the qualifications, election and term of office of its members; to provide for a referendum; to provide for other matters relative to the foregoing; and for other purposes. This 12th day of February, 1987. HARRY D. DIXON Representative 151st District 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
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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 14, 1987. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 24th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. CHEHAW PARK AUTHORITY COMPOSITION; APPOINTMENT OF MEMBERS; QUORUM; VACANCIES. No. 425 (House Bill No. 1058). AN ACT To amend an Act creating the Chehaw Park Authority, approved April 11, 1979 (Ga. L. 1979, p. 4515), as amended, so as to change the composition of the authority and provide for appointment and terms of its members; to change the quorum requirement; to authorize membership positions on the authority to be declared vacant and filled; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. An Act creating the Chehaw Park Authority, approved April 11, 1979 (Ga. L. 1979, p. 4515), as amended, is amended by striking subsections (a), (b), and (f) of Section 4 thereof, relating to composition of the authority, and inserting in their respective places the following subsections: (a) On and after July 1, 1987, the authority shall consist of seven (7) members who shall be eligible to succeed themselves and whose terms of office shall be as herein stated and until their successors have been appointed and have accepted. (b) One (1) member of the authority shall be appointed by the board of commissioners of the City of Albany from its own membership to serve as a member of the authority concurrently with that person's term of office as commissioner. One (1) member of the authority shall be appointed by said board of commissioners from nominees submitted by Chehaw Wildlife Society, Inc., or its successor, to serve for a term of two (2) years and until that person's successor is appointed and has accepted. Three (3) members at large shall be appointed by the board of commissioners to serve initially for a term of one (1) year and thereafter to serve for a term of two (2) years or until their successors have been appointed and have accepted. Those members of the authority serving as such on June 30, 1987, shall continue to serve out their terms of office and until their respective successors have been appointed and have accepted. Two (2) additional members at large of the authority shall be appointed by the board of commissioners for terms of office beginning July 1, 1987, one (1) of whom shall be designated by the board at the time of the appointment to serve an initial term of one (1) year and the other of whom shall be designated by the board at the time of the appointment to serve an initial term of two (2) years; and after such initial terms, these two (2) additional members at large shall both be appointed to serve for terms of two (2) years and until their respective successors have been appointed and have accepted. The mayor of the City of Albany shall be an ex officio member of the authority, without a vote. All vacancies as the result of the expiration of the term of said members, or when their office is otherwise vacated, shall be filled by the board of commissioners of the City of Albany. In the
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event Chehaw Wildlife Society, Inc., shall cease to exist, leaving no successor, the member appointed from its nominees shall thereafter be appointed in the same manner as the at-large members. (f) Five (5) voting members of the authority shall constitute a quorum, and 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 of a quorum shall authorize any legal act of the authority, including all things necessary to incur debt and to authorize and issue revenue bonds. Section 2 . Said Act is further amended by adding at the end of Section 4 thereof a new subsection (h) to read as follows: (h) The board of commissioners of the City of Albany may declare vacated the office of any member of the authority who is absent for more than (2) consecutive meetings of the authority and may appoint a successor to fill the unexpired term of the membership position so vacated. Section 3 . Section 1 of this Act shall become effective July 1, 1987, except that for purposes of making the appointment of the additional two members of the authority to take office July 1, 1987, that section shall become effective upon the approval of this Act by the Governor or upon its becoming law without that approval. The remaining sections of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without that 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 1987 Session of the General Assembly of Georgia a Bill to amend an Act creating Chehaw Park Authority so as to change the number of members of the Authority from five members to seven members and to provide for their appointment; to provide authority to replace members under certain conditions; to provide for
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a quorum; to repeal conflicting laws; to provide an effective date; and for other purposes. James V. Davis City Attorney 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 4, 1986. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 12th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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COOK COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 426 (House Bill No. 1055). 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, so as to change the compensation of the chairman and members 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 a board of commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, is amended by striking paragraph (1) of subsection (a) of Section 17 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) The chairman of the board of commissioners shall receive a salary of $350.00 per month; and each other member of the board shall receive a salary of $325.00 per month. Each member of the board, including the chairman, shall also be paid actual expenses incurred by him in carrying on county business while outside Cook County. The expense outside the county shall be paid only when authorized by the whole board and submitted as an itemized statement to the clerk of the board. Said salary and expenses shall be paid from the funds of the county each 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.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular, 1987 session of the General Assembly of Georgia a bill to amend an Act creating Board of Commissioners for Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as last amended, particularly by an Act approved March 16, 1983 (Ga. L. 1983 H.B. No. 736) to provide for a change in the salary of the commissioners, with the Chairman of the Board of Commissioners to receive $350.00 per month instead of $250.00 per month and the other members to receive $325.00 per month instead of $225.00. This 18th day of February, 1987. COOK COUNTY COMMISSIONERS 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 18, 1987. /s/ Hanson Carter Representative, 146th District Sworn to and subscribed before me, this 25th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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CITY OF RIVERDALE CORPORATE LIMITS. No. 427 (House Bill No. 1051). AN ACT To amend an Act creating a new charter for the City of Riverdale, approved February 13, 1956 (Ga. L. 1956, p. 2205), 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 creating a new charter for the City of Riverdale, approved February 13, 1956 (Ga. L. 1956, p. 2205), as amended, is amended by adding at the end of Section 2 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: All that tract or parcel of land lying in and being in Land Lot No. 152 of the 13th District of Clayton County, Georgia and being more particularly described as follows: To find the TRUE POINT OF BEGINNING begin at the southwest corner of Land Lot 152, running thence along the south line of Land Lot 152, South 89 05[prime] east 2651.30 feet to a point where the Land Lot line of lot 152 intersects the northwesterly right-of-way line of Evans Road; thence running North 42 03[prime] 03[Prime] East 244.08 feet along the northwesterly right-of-way line of Evans Road to an iron pin; thence running North 43 36[prime] 28[Prime] East 30.27 feet along the northwesterly right-of-way of Evans Road to an iron pin; said point being the TRUE POINT OF BEGINNING. From this point running North 80 43[prime] 28[Prime] West 150.32 feet to an iron pin; thence running North 50 23[prime] 46[Prime] West 112.34 feet to an iron pin; thence running North 2 44[prime] 10[Prime] West 55.25 feet to an iron pin; thence running North 8 42[prime] 24[Prime] East 234.85 feet to an
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iron pin; thence running North 6 0[prime] 0[Prime] East 523.15 feet to an iron pin; thence running North 89 0[prime] 0[Prime] East 299.00 feet to an iron pin; thence running South 1 54[prime] 19[Prime] West 727.70 feet to an iron pin on the northwesterly right-of-way of Evans Road; thence running South 49 30[prime] 0[Prime] West 204.00 feet along the northwesterly right-of-way of Evans Road to the TRUE POINT OF BEGINNING. Said property described herein to be incorporated into the City limits of the City of Riverdale shall include the entire 50 foot right-of-way of Evans Road where said described property fronts upon Evans 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 Riverdale intends to apply for passage of local legislation at the 1987 session of the General Assembly of Georgia to amend the charter of the City of Riverdale, as amended, as follows: An Act to amend an Act incorporating the City of Riverdale, Georgia Laws 1956, page 22.05, as amended, so as to annex into said city, certain contiguous property, said property consisting of that property known as 1045 Evans Road under the present numbering system of Clayton County, to protect the public welfare, and for other purposes. This 23rd of February, 1987. Glaze, Fincher Bray, P.C. City Attorneys 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 23, 1987.
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/s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. CITY OF CARROLLTON HOMESTEAD EXEMPTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 428 (House Bill No. 1049). 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. 69 (House Resolution No. 179-714) of the 1977 General Assembly (Ga. L. 1977, p. 1596) and which was duly ratified at the 1978 general election and which relates to providing for a homestead exemption for residents of the City of Carrollton in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all city 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 which was proposed by Resolution Act No. 69 (House Resolution No. 179-714)
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of the 1977 General Assembly (Ga. L. 1977, p. 1596) and which was duly ratified at the 1978 general election and which relates to providing for a homestead exemption for residents of the City of Carrollton in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all city 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. 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 1987 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. 69 (House Resolution No. 179-714) of the 1977 General Assembly (Ga. L. 1977, p. 1596) and which was duly ratified at the 1978 general election and which relates to providing for a homestead exemption for residents of the City of Carrollton in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City ad valorem taxes; and for other purposes. This 28th day of January, 1987. s/CHARLES A. THOMAS JR., Representative, 69th District. AFFIDAVIT GEORGIA Carroll County
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To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the TIMES-GEORGIAN legal organ for Carroll County. The following dates, to-wit: 2-5 and 2-12 Sworn to on the 24 day of February, 1987 /s/ Steve A. Stocks Publisher Sworn to and subscribed before me on the 24th day of February, 1987 /s/ Ruthe Bracknell Notary Public Georgia State At Large My Commission Expires Sept. 5, 1987 (SEAL) Approved March 31, 1987. CHATHAM COUNTY RECORDER'S COURT; CHIEF JUDGE; SENIOR JUDGE. No. 429 (House Bill No. 1027). AN ACT To provide for a chief judge of the Recorder's Court of Chatham County; to provide for the manner of selection; to provide for duties of the chief judge; to provide that a judge of the recorder's court may elect to become a senior judge of the court upon service of ten years; to allow a senior judge of the recorder's court to practice law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. The judge of the Recorder's Court of Chatham County, Georgia, who has served for a minimum of five years and who has, of the other judges of said court, served for the longest period of time as recorder's court judge, shall be designated chief judge of recorder's court. The chief judge shall be responsible for the supervision of the court personnel, and all employees of the court shall report to the chief judge or his or her designee. Section 2. A judge who has served for a minimum of ten years as a full-time judge of recorder's court may, upon the completion of the tenth year of service, if he or she so elects, become a senior judge of recorder's court. A senior judge of recorder's court will be governed by the same rules as a senior judge of the superior courts, with the exception that he or she may, if desired, engage in the practice of law, if otherwise qualified. Section 3. All laws and parts of laws in conflict with this Act are repealed. LEGAL ADVERTISEMENT NOTICE is hereby given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to enact legislation relevant to Recorders Court of Chatham County and the Tax Commissioners Office of Chatham County Tom Triplett Representative District 128). 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/Savannah Evening Press which is the official organ of Chatham County, on the following date: January 23 and 30, 1987; February 6 and 13, 1987. /s/ Tom Triplett Representative, 128th District
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Sworn to and subscribed before me, this 24th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. CORDELE OFFICE BUILDING AUTHORITY PURPOSES. No. 430 (House Bill No. 1019). AN ACT To provide for the purposes of the Cordele Office Building Authority; to repeal specific Acts relating to the Cordele Office Building Authority; to provide for the law relative to the Cordele Office Building Authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The purpose of the Cordele Office Building Authority as set forth in Paragraph B of the amendment to the Georgia Constitution which created the authority ratified at the 1968 general election and found in Ga. L. 1968, pp. 1715-1730 is amended to read as follows: B. Purpose. The said Authority is created for the purpose of acquiring, constructing, equipping, maintaining and operating self-liquidating projects embracing buildings and facilities for use by the City of Cordele, Georgia, for its governmental, proprietary and administrative functions. The City of Cordele, Georgia, is hereby granted the authority to
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lease or sell lands, buildings, or land and buildings now owned by the City of Cordele, Georgia, to said Authority by appropriate resolution of its governing body and upon such terms and conditions as such governing body shall prescribe; provided that such sales by the City of Cordele, Georgia, to the Authority shall be for cash, and provided that such leases shall not exceed fifty (50) years in duration. Section 2. The following Acts are repealed in their entirety: (1) An Act providing for the membership of the Cordele Office Building Authority, approved April 18, 1969 (Ga. L. 1969, p. 2926); (2) An Act providing for certain restrictions on the exercise of powers by the Cordele Office Building Authority, approved April 17, 1975 (Ga. L. 1975, p. 4395), as amended by an Act approved March 25, 1980 (Ga. L. 1980, p. 3972). Section 3. Except as otherwise provided by Section 1 of this Act, the law relative to the Cordele Office Building Authority shall be the original amendment to the Georgia Constitution which created the authority as ratified at the 1968 general election and as set forth in Ga. L. 1968, pp. 1715-1730. 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 1987 session of the General Assembly of Georgia a bill relative to the Cordele Office Building Authority; and for other purposes. This 17 day of Feb. 1987. Honorable Howard H. Rainey Representative, 135th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey, who,
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on oath, deposes and says that he is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Crisp County, on the following date: February 20, 1987. /s/ Howard H. Rainey Representative, 135th District Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. CITY OF NEWNAN NEW CHARTER. No. 431 (House Bill No. 1034). AN ACT To reincorporate and provide a new charter for the City of Newnan in Coweta County; to provide for the corporate limits of the city; to provide for the powers of the city; to provide for the form and method of government of the city; to provide for the administration of city affairs; to provide for the municipal court of the city; to provide for elections for city offices; to provide for taxation by the city; to provide for financial management of the city; to provide for a retirement system; to provide for all related matters; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I CREATION, INCORPORATION, POWERS Section 1.1. Name. This city and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style of the City of Newnan, Georgia, and by that name shall have perpetual succession. Section 1.2. Corporate boundaries. 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 in the manner provided by general law. The boundaries of this city at all times shall be shown on a map, or a written description or any combination thereof, to be retained permanently in the office of the city manager of the City of Newnan, Georgia, and to be designated OFFICIAL MAP or Description of the corporate limits of the City of Newnan, Georgia. Photographic, typed, or other copies of such map or description certified by the city clerk shall be admissible as evidence in all courts and shall have the same force and effect as the original map or description. Section 1.3. Powers and construction. (a) The City of Newnan shall have all powers possible for a city to have under the present or future Constitution and laws of the State of Georgia 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 the city. Section 1.4. Examples of powers. The corporate powers of the City of Newnan, Georgia, may include but are not limited to the following: (1) Property taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by state law;
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(3) 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 failure to pay any city taxes or fees; (4) 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; (5) Municipal debts. To appropriate and borrow money for the payment of debts of the city and 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; (6) Municipal property ownership. To acquire, buy, sell, lease, 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; (7) 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; (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 Georgia law; (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
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facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to withdraw such service for refusal or failure to pay for same; and to determine 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 franshise grantee or contractor, insofar as not in conflict with valid regulations by the Georgia Public Service Commission; (11) 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, otherwise improve, maintain, repair, clean, prevent erosion of, and provide lighting for 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, playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, airports, hospitals, terminals, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; to provide for other public improvements, inside or outside the corporate limits of the city; to regulate the use thereof; and for such purposes, to acquire property by condemnation pursuant to Georgia law; (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;
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(14) Building regulation. 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; and 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) Public peace. To provide for the prevention and punishment of excessive noise, drunkenness, riots, and other public disturbances; (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 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 trades, theatrical performances, exhibitions, shows of any kind, by taxation or otherwise; to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, 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 right of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (19) Health and sanitation. To prescribe standards of health and sanitation and provide for the enforcement of such standards;
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(20) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and prevent the pollution of natural streams which flow within the corporate limits of the city to the extent that said regulation is not preempted by state law; (21) Fire regulations. To fix and establish fire limits and from time to time 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 the collection and disposal of garbage, rubbish, and refuse by others and provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and 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 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 a sewer fee, charge, or tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; 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; 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
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connection fee or fees; and to change 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 and 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 correctional institution or jail by agreement with the appropriate county officials; (29) Animal regulations. To regulate, license, or prohibit the keeping or running at large of animals and fowl; 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 ordinances enacted under this charter; (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; to regulate and rent parking spaces in public ways for the use of such vehicles; and to require that such vehicles be kept clean, marked properly, and in good repair, all in accordance with the regulations of the city;
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(32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the city; (33) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) 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; (35) City agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (36) 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; (37) Police and fire protection. To exercise the power of arrest through duly appointed policemen; and to organize and operate a fire-fighting agency; (38) 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; (39) Urban redevelopment. To organize and operate an urban redevelopment program; (40) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (41) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property
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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; and (42) 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 including but not limited to the supplementary powers contained in Article IX, Section IV, Paragraph II of the Constitution of the State of Georgia; 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. 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 1.5. Extension of police jurisdiction beyond corporate limits for protection of water supply. For the purpose of enabling the authorities of the city to protect fully the reservoirs of the waterworks of the city, the pipe lines, the purity and healthfulness of the water flowing into said reservoirs, and any property or appurtenance of or connected with said waterworks not embraced in the corporate limits of the city as fixed and defined in this charter, the police jurisdiction of the City of Newnan is extended over the following Land Lots in the original Second District of Coweta County, to wit: 8, 9, 10, 11, 21, 22, 23, 24, 25, 40, 41, 42, 43, 54, 55, 56, and Land Lots 6 and 7 of the Fifth Land District said lands constituting said watershed to the waterworks of the city. The mayor and council shall have power to pass such ordinances and enforce compliance therewith by suitable penalties, looking to the protection of said property and appurtenances and looking to securing the purity and healthfulness of said water, and shall have full power and authority to abate or cause to be abated and removed through its board
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of health, if one, or other officers, anything which may cause impurity or unhealthfulness of the water of said waterworks. Section 1.6. Extension of water, sewerage, and electrical distribution systems beyond corporate limits. (a) The City of Newnan, by and through its Water, Sewerage and Light Commission, is authorized and empowered to extend its water, sewerage, and electrical distributions systems and all necessary appurtenances by which said utilities are distributed, without and beyond the corporate limits of the City of Newnan; and to provide utility services to persons, firms, and corporations outside said corporate limits under such provisions as the Water, Sewerage, and Light Commissioners of the city may prescribe; and to extend its water and sewerage service without and beyond Coweta County under such provisions as the Water, Sewerage, and Light Commissioners may prescribe; to classify rates to be charged in such area beyond the said corporate limits; and to make such contracts, agreements, and arrangements as it deems necessary or desirable for the said purpose. (b) The police authority of the city is extended to include the entire utility systems of the city, including all parts thereof and appurtenances thereto, and all lands upon or through which said systems lie or pass. The mayor and council of the city shall have power to pass such ordinances as they deem suitable to protect said property and appurtenances and to enforce compliance therewith by suitable penalties. Any person or persons in any way interfering with or injuring said systems or any part thereof shall be amenable to the laws and ordinances of the city. (c) In addition to the powers otherwise granted in this charter of the City of Newnan, as amended, the mayor and council of the city shall have full powers and authority to condemn property to carry out any and all lawful purposes in the furtherance of its corporate functions, both governmental and proprietary, and when the power and authority granted by this section is exercised by the council, it may be done, whether the land to be condemned is in the hands of an owner, trustee, administrator, guardian, or agent in the manner provided by Georgia law. This right of condemnation by the City of Newnan shall extend beyond its corporate limits where the property is to be condemned is needed by the city and is deemed useful by the mayor and
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council to afford and make available to the city such property for use in development of and, thereafter, the operation, maintenance, repair, extension, and improvement to any city facility, either governmental or proprietary. (d) Without limiting the generality of the foregoing, the city shall have full and complete power and authority to exercise the power of eminent domain to acquire rights to take water from navigable and nonnavigable streams and from lakes and other places inside and outside the corporate limits of the city and inside and outside the County of Coweta; and to exercise such power of eminent domain to acquire land, or any interest therein, inside and outside the corporate limits of said city necessary for water, sewer, and electric lines, and inside and outside the County of Coweta, necessary for water and sewer lines, together with the usual and necessary appurtenances therefor, or such land or any interest therein necessary in order to lay out, grade, open, pave, straighten, maintain, elevate, lower, improve, and relocate streets, lanes, sidewalks, alleys, and ways on, in, across, along, through, under, or over private property and property already devoted to public use; and also under, over, or across the rights of way of public utilities companies, such as railroad, express, telephone, telegraph, electric, gas, and all others having the right to acquire private property by exercise of the power of eminent domain or any similar power. (e) Notwithstanding anything in this subsection to the contrary, the Board of Water, Sewerage and Light Commissioners of the City of Newnan shall have complete and sole control and management of the water, sewerage, and light works of the City of Newnan independent of the city council of the city; shall have the power and authority to charge the citizens of Newnan and all other persons, firms, corporations, or governmental or other entities, such sums as they may deem just and proper for the use of said utilities; shall have power and authority to make all rules and regulations as in their discretion are necessary or proper for the management and control of the water, sewerage, and lights of the City of Newnan; shall have power to enforce said rules and regulations by refusing to supply, or to discontinue the supply to, any person, firm, corporation, or government or other entity who fails or refuses to comply with said rules and regulations; and shall have the power and authority to perform all acts that may in the opinion of said board be
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necessary or proper for the operation and maintenance of said utility systems. Provided that nothing in the next preceding sentence shall be construed so as to empower said Board of Water, Sewerage and Light Commissioners of the City of Newnan to discontinue utility services to the City of Newnan or charge the City of Newnan any fee therefor, to take title to and hold real property in its name, or to set the salaries of the persons serving as commissioner on said board. Section 1.7. 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. ARTICLE II CITY GOVERNMENT Section 2.1. City council creation; composition; number; election. The legislative authority of the government of this city, except as otherwise provided in this charter, shall be vested in the mayor and six council members who collectively shall compose the City Council of the City of Newnan. The mayor and six council members shall be elected in the manner provided by Article V of this charter. For all purposes under this charter, the mayor shall possess, in addition to his specific powers and duties, all of the powers and duties of a council member. Section 2.2. Vacancy; filling of vacancies. (a) Vacancies. 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) Filling of vacancies. A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, only as provided for in Article V. Section 2.3. Compensation and expenses. The mayor and council members shall receive compensation for their services in an amount set by ordinance, but not to exceed the sum of $2,400.00 per year for the mayor and $1,200.00 per year for
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council members. 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 2.4. Holding other office; voting when personally interested. (a) Except as authorized by general state law neither the mayor nor any council member shall hold any other city office or city employment during the term for which he was elected. (b) Neither the mayor nor any council member shall vote upon, sign, or veto any question in which he is personally interested. Section 2.5. Conflict of interest; disclosure; use of public property; contracts; eligibility; political activities; penalties. (a) Conflict 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) 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 his independence of 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 or 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
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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 the making of any contract with any business or entity in which he has a financial interest. (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 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) 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 such contract or sale voidable as to that party, at the option of the city council.
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(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 was elected. No former mayor and no former council member shall hold any compensated appointive office in the city until two years after the expiration of the term for which he was elected. (f) Political activities of certain officers and employees. No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to an elected 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 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 2.6. 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 2.7. 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 2.8. Organizational meeting. The city council shall meet for organization on the first regular meeting date in January of each year. The meeting shall be called to order by the
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city clerk or the mayor of the city then in office and the oath of office shall be administered to the newly elected officials as follows: I do solemnly swear that I will faithfully and truly 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 to the best of my skill and ability and as to me shall seem to the best interest and welfare of the city without fear, favor, or affection, so help me God. Section 2.9. 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 by the mayor or three other 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 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 general state law and notice to the public of special meetings shall be made in accordance with Code Section 50-14-1 of the O.C.G.A. Section 2.10. Rules of procedure. 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. Section 2.11. Quorum; voting. Four members of the city council 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
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shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote. The affirmative vote of four members of the city council shall be required for the adoption of an ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.12. Ordinance form; procedure. (a) Every proposed ordinance shall be introduced in writing in proper form for its final adoption. (b) An ordinance may be introduced by any member of the city council and 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; however, an ordinance shall not be adopted the same day it is introduced unless said ordinance is an emergency ordinance as provided for in Section 2.14 of this charter or unless said ordinance is unanimously approved by all members of the city council. 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 2.13. Action requiring an ordinance. In addition to other acts required by general state law to be done by ordinance, acts of the city council which have the force and effect of law shall be done by ordinance. Section 2.14. 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 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 same form as ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain a declaration stating that an emergency exists describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it was introduced, but the affirmative vote of at least four members
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of the city council 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 preclude 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 2.15. 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 the requirements of subsection (b) of Section 2.12 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, and 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 2.16 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 2.16. Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of 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 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 Ordinances of the City of Newnan, Georgia. Copies of said code shall be furnished to all offices, departments, and agencies of the city and made available for purchase by all others at a reasonable price.
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(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 form 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 2.17. City manager; appointment; qualifications; compensation. (a) The city council shall appoint a city manager who shall serve for an indefinite period of time and the city council shall fix his compensation. The city manager shall be selected on the basis of his character and his executive and administrative qualifications. The minimum qualifications shall be a degree in public administration, business, or related degree plus five years' local government experience or a master's degree and three years experience in local government, a strong financial background, leadership capabilities, long and short-range planning abilities; and communication, and management skills. At the time of his appointment, the city manager need not be a resident of the City of Newnan, but during his tenure he must reside within the city. During his tenure, he shall not engage in any other business or profession. (b) No member of the city council shall receive such appointment during the term for which he shall have been elected, nor within two years after the expiration thereof. Section 2.18. Removal of city manager. The city council may remove the city manager by a majority vote. At least 30 days before such removal shall become effective, the city council shall by a majority vote adopt a preliminary resolution stating the reasons for the city manager's removal. The city manager may, within ten days, reply in writing and may request a public hearing, which shall be held not earlier than 20 days nor later than 30 days after the filing of such request. After such public hearing, if one is requested, and after full consideration, the
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mayor and council may suspend the manager from duty but shall in any case cause to be paid to him forthwith any unpaid balance of his salary and his salary for the next two months following adoption of the preliminary resolution. Section 2.19. Acting city manager to perform duties during absence, disability, or suspension of city manager. The city council shall designate a person or persons to perform the duties of city manager on a temporary basis during any absence, disability, or suspension of the city manager. The requirements and prohibitions in Section 2.17 of this charter shall not apply to the person or persons so temporarily designated. Section 2.20. 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 charge by or under this charter. In addition, the city manager shall have the following powers and duties: (1) The city manager shall have the power to appoint and suspend or remove all city employees and administrative officers he appoints, except as otherwise provided by general state law, this charter, or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) The city manager shall direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by general state law; (3) The city manager shall be notified of and shall attend all city council meetings and shall have the right to take part in discussion but may not vote; (4) The city manager shall see that all laws, provisions of this charter, and acts of the city council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed;
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(5) The city manager shall prepare and submit the annual operating budget and capital budget to the city council; (6) The city manager shall submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) The city manager shall make such other financial reports and any other such reports as the city council may require, at such intervals as the city council may require, concerning the operations of city departments, offices, and agencies subject to his direction and supervision; (8) The city manager shall 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 deems desirable; and (9) The city manager shall perform such other duties as are specified in this charter or may be required by the city council. Section 2.21. Council interference with administration. Except for the purpose of inquiries and investigations under Section 2.6 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the 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. Section 2.22. Mayor and mayor pro tempore. (a) The mayor shall be elected as provided elsewhere in this charter. The city council, at the first regular meeting date in January of each year, shall elect by a majority of all council members from among its members a mayor pro tempore who shall serve a term of one year. Both the mayor and mayor pro tempore shall continue to be, to vote, and otherwise participate as members of the city council.
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(b) In the event that the office of the mayor pro tempore shall become vacant for any reason whatsoever, the city council shall fill the vacancy for the unexpired term. Section 2.23. Duties of the mayor. The mayor, as chief executive officer of the city, in addition to all other duties provided for elsewhere in this charter, shall: (1) Preside at all meetings of the city council; (2) Be the official head of the city for 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; and (4) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing. Section 2.24. Duties of the mayor pro tempore. During the absence or disability of the mayor for any reason, the mayor pro tempore 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 of the mayor shall continue. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.1. Administrative and service departments. (a) Except as otherwise provided by 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 general law, the department heads and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
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(c) All appointed officers and department heads shall receive such compensation as is prescribed by ordinance. (d) There shall be a department head of each department or agency who shall be its principal officer. Each department head shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All department heads under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. (f) The city manager may suspend or remove department heads under his supervision. Section 3.2. 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 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 by ordinance for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) No member of any board, commission, or authority created by and appointed solely by the city council shall hold any elective office of the city. This prohibition specifically does not include the Downtown Development Authority of the City of Newnan; nor to any joint board, commission, or authority created by the city with any other governmental entity or agency including, but not limited to, joint library boards, joint airport authorities, joint recreation commissions, and area planning and development authorities.
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(e) Any vacancy on a board, commission, or authority shall be filled for the unexpired term in the manner prescribed in this charter for the original appointment, except as otherwise provided by this charter or general state law. (f) No member of a board, commission, or authority shall assume office unless he has executed and filed with the city clerk an oath obligating that official to perform faithfully and impartially the duties of office. Such oath shall be prescribed by ordinance and shall be administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of four members 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 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 general state law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of any such bylaws, rules, or regulations shall be filed with the city clerk. Section 3.3. 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 service rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation involving the city; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, city manager, boards, commissions, and authorities appointed solely by the city and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other legal duties as may be required. Section 3.4. City clerk/treasurer. The city manager shall appoint a city clerk/treasurer who shall not be a council member. The city clerk/treasurer shall be custodian of the official city
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seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council or city manager. Section 3.5. City marshal. The chief of police shall act as city marshal. It shall be the duty of the marshal to levy all executions in favor of the city and to advertise and sell the property levied upon in accordance with state law. The marshal shall have the same power to place purchasers in possession as sheriffs in this state have. Section 3.6. Position classifications and pay plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Said plans 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 salaries of individual employees except by amendment of said pay plan. For purposes of this section, all elected officials and the city manager are not members of the classified service. Section 3.7. 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 the 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 (5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs.
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Section 3.8. Departments, boards, and commissions enumerated. City departments, boards, and commissions may include but are not limited to the following: (1) Departments. Police Department; Fire Department; Building Department; Community Development Department; Streets and Sanitation Department; Finance Department; and Cemetery Department. (2) Boards. Board of Zoning Appeals and Library Board. (3) Commissions. Planning Commission; Water, Sewerage, and Light Commission; Recreation Commission; and Airport Authority. (4) Authorities. Downtown Development Authority; Airport Authority. ARTICLE IV MUNICIPAL COURT Section 4.1. There shall be a court to be known as the Municipal Court of the City of Newnan, Georgia. Section 4.2. 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. (b) No person shall be qualified or eligible to serve as a judge of the municipal court unless that person is 21 years old and a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation for judges shall be fixed by city council. (d) Judges may be removed for cause by a vote of four members of the city council. (e) Before taking on any duties of office, each judge shall take an oath to be administered by the mayor and shall promise to discharge honestly and faithfully the duties of office without
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fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. Section 4.3. Convening. The municipal court shall be convened at regular intervals. Section 4.4. Jurisdiction; powers. (a) The municipal court shall try and punish all violations of city ordinances. (b) The municipal court shall have authority to punish those in its presence for contempt in accordance with general state law. (c) The municipal court may fix punishment for offenses within its jurisdiction in accordance with general state law which may include a fine or imprisonment, or both, or may include labor in public service or upon the streets, sidewalks, and squares of the city. (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 security for the appearance of persons charged with violations. Whenever any person shall give bail to assure appearance and fails to appear at the time fixed for trial, that person's bond shall be forfeited by the judge, and an execution shall be 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. If property or cash is accepted in lieu of bond for security for the appearance of a defendant at trial and if said defendant fails to appear at the time and the place fixed for the trial, the cash so deposited shall be on order of the judge declared to be 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.
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(f) The municipal court shall have the power 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 dispose properly 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 general state law. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the entire area of this city granted by general state laws to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.5. Appeals. Parties dissatisfied with the decision of the municipal court may petition for a writ of certiorari to the superior court as provided by law. Section 4.6. 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. Such rules or regulations shall be filed with the city clerk and made available for public inspection. ARTICLE V ELECTIONS AND REMOVAL Section 5.1. 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 5.2. Regular elections; time for holding. On the last Tuesday of October of each even-numbered year, a municipal election shall be held for council members as set out in this
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charter; and on the last Tuesday of October of every other odd-numbered year, a municipal election shall be held for the office of mayor as set out in this charter. Section 5.3. Special elections; vacancies. In the event that the office of mayor or council member shall become vacant for any reason whatsoever, the city council or those remaining shall order a special election to fill the unexpired term of that office. Section 5.4. 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 Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code. Section 5.5. Division of city into six single-member council districts; authority; effect. (a) The city council shall consist of six council members and a mayor. (b) Elections for the six council members shall be conducted on the basis of six single-member districts to be known as District A, District B, District C, District D, District E, and District F. Each of said districts shall be as drawn according to a map contained in Exhibit A to an amended consent decree entered in civil action number C84-1500N, in the United States District Court for the Northern District of Georgia, Newnan Division or as is lawfully amended. District E shall consist of a combination of District A and District B, and District F shall consist of a combination of District C and District D. (c) The council members elected from each voting district are required to reside within that district, and each council member shall be elected in any election, whether it be primary, run-off, special, or general election, solely by the voters who reside in the respective voting districts. (d) The council members shall be elected for four-year terms unless othewise specified in this charter. (e) All council members are required to be elected by majority vote. Section 5.6. Other qualifications for office of mayor, council member. In addition to those qualifications established in other
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provisions of this charter, all candidates for the office of mayor or council member must be at least 21 years of age, a citizen of the United States, a resident of the city and of the district which they represent for at least one year prior to the election date, and a registered voter of the City of Newnan at the time of the qualifications for office and shall have paid all taxes, assessments, or fees due to or lawfully demanded by the city. Section 5.7. Election of mayor. The mayor shall be elected for a term of four years from the city at large by a plurality vote. ARTICLE VI FINANCE Section 6.1. 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; and repayment of principal and interest on general obligations; and for any other public purpose as determined by the city council in its discretion. Section 6.2. 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 in what length of time 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 or for voluntary payment of taxes prior to the time when due. Section 6.3. 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 the 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 that such persons have a constitutionally sufficient nexus with 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 6.9 of this charter.
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Section 6.4 . Licenses, permits, and fees. The city council 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 may reflect the total cost to the city for regulating the activity and if unpaid shall be collected as provided in Section 6.9 of this charter. The city council may, by ordinance, establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare require. Section 6.5 . 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, 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; 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 to be kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.6 . 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 other services rendered inside or outside the corporate limits of the city for the total cost to the city of providing such services. If unpaid, such charges shall be collected as provided in Section 6.9 of this charter. Section 6.7 . 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
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under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.9 of this charter. Section 6.8 . Construction; other taxes. The 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 6.9 . 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 6.1 through 6.8 of this charter 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 6.10 . 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 6.11 . 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 6.12 . Short-term notes. The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future state law. Section 6.13 . Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the
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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 6.14 . 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. Section 6.15 . Submission of operating budget to city council. On or before a date fixed by the city council, but not later than 40 days prior to the beginning of each fiscal year, the city manager 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 city manager 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 hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection. Section 6.16 . Action by city council on budget. (a) The city council may amend the operating budget proposed by the city manager; 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 first day of February 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 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
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to funds and by organizational unit, purpose, or activity as set out in the budget preparation ordinance. (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 allotment thereof, to which it is chargeable. Section 6.17 . 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 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 6.18 . Changes in appropriations. 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. Section 6.19 . Capital improvements budget. (a) On or before the date fixed by the city council, but not later than 40 days prior to the beginning of each fiscal year, the city manager 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 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 elsewhere in this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the first day of February of each year. All appropriations provided for in a prior capital improvements budget shall lapse on December
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31 of each year. The city manager 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 6.20 . 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 6.21 . 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 minutes. Section 6.22 . Centralized purchasing. The city council shall, by ordinance, prescribe procedures for a system of centralized purchasing for the city. Section 6.23 . 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 or later 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 has no readily ascertainable monetary value.
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(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 CITY OF NEWNAN RETIREMENT PLAN Section 7.1 . Name and purpose. (1) Name. This Plan shall be known as the City of Newnan Retirement Plan. (2) Purpose. It is the purpose of this Plan to provide eligible employees with some degree of financial security upon their retirement. Section 7.2 . Definitions. (1) Unless otherwise required by the context, the terms used herein have the following meanings: (2) Accrued retirement income shall mean the amount determined by multiplying (a) times (b), where: (a) is the participant's prospective normal retirement income; and (b) is a fraction, the numerator of which is the number of completed years of continuous service the participant has on his early retirement date or termination date and the denominator of which is the total number of completed years of continuous service the participant would have on his normal retirement date.
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(3) Actuarial equivalent shall mean a benefit of equivalent value, computed in accordance with accepted actuarial principles, and based on: (a) the basic Unisex Pension (UP) 1984 Mortality Table, a three-year setback for beneficiaries; and (b) a seven (7) percent per annum compounded interest rate assumption. In the event of the termination of the Plan, the actuarial assumptions and methods used to determine the current value of accrued retirement income for each person having an interest in the Plan may be those specified by the City at that time. (4) Actuary shall mean an actuary, selected by the City, or a firm of actuaries or an insurance company. (5) Annual earnings shall mean regular basic wage or salary, excluding all other forms of compensation, paid to (the) employee by the City during any calendar year. (6) Career average earnings shall mean the average annual earning of a participant between the January 1 coinciding with or immediately following his most recent date of hire and the December 31 immediately preceding the earliest to occur of his termination date, early retirement date, or normal retirement date; provided, however, that with respect to continuous service for years prior to January 1, 1979, a participant shall be deemed to have had annual earnings in each of such years in an amount equal to his annual earnings paid during the calendar year 1978. In no event shall a participant's career average earnings exceed the average of his annual earnings during the five calendar years preceding his termination date, early retirement date, or normal retirement date. (7) City shall mean the City of Newnan, Georgia. (8) Committee shall mean the committee appointed by the Mayor and board of aldermen to administer the plan in accordance with the terms of section IX (7-9).
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(9) Continuous service shall mean the period of employment from an employee's most recent date of hire. (a) Most recent date of hire means the later of: (i) the date on which an employee first entered the employment of the City, and (ii) the date of re-employment after his last break in service. (b) Occurrence of any one (1) of the following events shall constitute a break in service: (i) resignation, (ii) discharge, (iii) unauthorized absence, or (iv) retirement. (c) A period of absence due to voluntary or involuntary service in the Armed Forces of the United States (during a period of national emergency or while such service is compulsory by law) shall not be deemed a break in service provided the employee is re-employed by the City within the ninety (90) day period after his honorable release, or within the period prescribed by applicable law, whichever period is longer. (10) Early retirement date shall mean the first (1st) day of any month between a participant's fifty-fifth (55th) and sixty-fifth (65th) birthdays on which the participant actually retires as provided in section V (7-5) of the Plan. (11) Effective date shall mean January 1, 1972. (12) Employee shall mean any person who is an elected member of the City Governing Authority (City Council), and any person regularly employed by the City on a full-time basis.
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(13) Manager shall mean the City Manager of Newnan, Georgia. (14) Normal-retirement date shall mean the first (1st) day of the month coincident with or next following the day on which the participant attains the sixty-fifth (65th) birthday. (15) Participant shall mean any employee who is or becomes eligible to participate in the Plan pursuant to section III (7-3). (16) Plan shall mean the City of Newnan Retirement Plan, as set forth in this document (article) and as it may from time to time in the future be amended. (17) Postponed retirement date shall mean the first (1st) day of any month on which a participant actually retires as provided in section VI (7-6) of the Plan. (18) Prospective normal retirement benefit shall mean the normal retirement income to which a participant would have been entitled under section IV (7-4) if he had remained in employment until his normal retirement date; provided, however, career average earnings shall be determined as of the participant's termination date or early retirement date, whichever is applicable. (19) Retirement income shall mean any amount payable to or on behalf of a participant in accordance with the provisions of the Plan. (20) Termination date shall mean the date on which a participant ceases to be an employee. (21) Trust agreement shall mean the agreement described in section XI (7-11). (22) Trust fund or fund shall mean the cash and other properties held and administered by the trustee in accordance with section XI (7-11). (23) Trustee shall mean the corporate trustee acting at any time under the trust agreement.
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(24) Masculine pronouns used herein shall refer to men or women or both, and nouns when stated in the singular shall include the plural and when stated in the plural shall include the singular whenever appropriate. (25) Disability date shall mean the date determined by the committee to be the date on which a participant's disability commenced in accordance with section XIV (7-14). (26) Disability retirement date shall mean the first day of the month following five consecutive calendar months after the participant's disability date. Section 7.3. Eligibility and participation. (1) Each employee on January 1, 1972, who has both completed two (2) or more years of continuous service and attained the age of twenty-five (25) shall become a participant on January 1, 1972, providing he had not attained age fifty-five (55) at date of employment. (2) Each other employee, and each person who becomes an employee on or subsequent to January 1, 1972, shall be eligible to become a participant on the January 1 when he has both completed two (2) years of continuous service and attained age twenty-five (25) provided he had not attained his fifty-fifth (55th) birthday at date of employment. Section 7.4. Normal retirement. (1) Each participant, except members of the City Governing Authority (City Council) upon retirement on his or her normal retirement date is entitled to begin receiving an annual retirement income payable in monthly installments. The amount of each monthly retirement income payment to a participant shall equal one-twelfth (1/12th) of the amount produced by applying the appropriate percentage as set forth in paragraph (2) below.
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(2) Column I Completed Years of Continuous Service Column II Percentage to be Applied to first $6,000 of Participant's Career Average Earnings Column III Percentage to be Applied to Participant's Career Average Earnings in Excess of $6,000 Less than 10 .00% .00% 10 but less than 11 10.00% 15.00% 11 but less than 12 11.00 16.50 12 but less than 13 12.00 18.00 13 but less than 14 13.00 19.50 14 but less than 15 14.00 21.00 15 but less than 16 15.00 22.50 16 but less than 17 16.00 24.00 17 but less than 18 17.00 25.50 18 but less than 19 18.00 27.00 19 but less than 20 19.00 28.50 20 but less than 21 20.00 30.00 21 but less than 22 21.00 31.50 22 but less than 23 22.00 33.00 23 but less than 24 23.00 34.50 24 but less than 25 24.00 36.00 25 but less than 26 25.00 37.50 26 but less than 27 26.00 39.00 27 but less than 28 27.00 40.50 28 but less than 29 28.00 42.00 29 but less than 30 29.00 43.50 30 or more 30.00 45.00 (3) Members of the City Governing Authority (City Council) with two (2) years or more continuous service shall become a participant in this plan and after ten (10) years' continuous service and on the first day of the month coincident with or next following the day on which the participant attains his or her 65th birthday shall be entitled to a benefit of sixteen dollars ($16.00) per month for each year of service on the City Governing Authority (City Council).
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Section 7.4.1. Increase in benefits for participants retired prior to January 1, 1981. Effective January 1, 1981, each participant who is retired (other than a disability retirement) and receiving a monthly retirement income under the provisions of the Plan on said date shall receive an increase in such monthly amount equal to five-twelfths (5/12th) of one percent of the monthly amount of retirement income in pay status as of January 1, 1981, multiplied by the number of completed months between the date the participant's monthly retirement income commenced and January 1, 1981. Notwithstanding any statement herein to the contrary, the increase in the monthly amount shall not be less than ten dollars ($10.00) and shall not be greater than fifty (50) percent of the monthly amount of retirement income in pay status as of January 1, 1981. Such monthly increase shall continue to be paid for the lifetime of the retired participant. Section 7.5. Early retirement. (1) A participant who has completed fifteen (15) or more years of continuous service may retire on the first (1st) day of any month between his fifty-fifth (55th) and sixty-fifth (65th) birthdays. (2) A participant who retires in accordance with the provisions of paragraph (1) shall be entitled to receive a reduced annual retirement income, payable in monthly installments, beginning on his early retirement date. Such reduced annual retirement income shall be determined by multiplying (a) times (b) where: (a) is the amount of the participant's accrued retirement income, and (b) is the proper early retirement factor shown below: Completed Years by Which the Early Retirement Date Precedes the Normal Retirement Date Early Retirement Factor to be Applied in Accordance with Paragraph (2)(b) Above * * Interpolate for months 10 .500 9 .533 8 .567 7 .600 6 .633 5 .667 4 .733 3 .800 2 .867 1 .933 0 1.000
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Section 7-6 . Postponed retirement. (1) A participant may remain in employment beyond his normal retirement date. Each participant so remaining shall retire from employment on the first day of the month coinciding with or next following the month of actual retirement. (2) A participant whose retirement is postponed beyond his normal retirement date shall begin receiving retirement income payable in monthly installments beginning on his postponed retirement date. (3) The amount of each monthly retirement income payment shall be the same as the participant's retirement income would have been had he retired on his normal retirement date. No additional retirement income shall accrue to any employee after his normal retirement date. Section 7.7 . Termination of employment. (1) A participant who terminates his employment other than by death or retirement prior to completing ten (10) years of continuous service shall not be entitled to receive any benefits under this Plan. Any forfeitures arising from termination of employment shall be used to reduce future employer contributions. (2) Subject to the provisions of paragraph (3), a participant who terminates his employment other than by death or retirement after completing ten (10) years of continuous service is entitled to receive a retirement income payable
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in monthly installments, commencing on, and in the event he survives to, his normal retirement date and continuing thereafter during the participant's lifetime. The amount of the terminated participant's retirement income shall be an amount equal to the participant's accrued retirement income as of his termination date. (3) Notwithstanding anything to the contrary contained herein, if the employment of a participant is terminated as a result of dishonesty, fraud, gross neglect of duty, or intentional damage to the property of the City, such participant shall not be entitled to any retirement income under this Plan; provided, however, that this paragraph shall be null and void as to any event occurring after the permanent discontinuance of contributions under this Plan. Section 7.8 . Form of retirement income. (1) Normally, retirement income payable under the provisions of sections IV, V or VI (7-4, 7-5 or 7-6) will be paid monthly and will equal one-twelfth (1/12th) of the annual retirement income. Monthly retirement income payments to the participant will cease with the last payment due immediately prior to the date of death of the participant. (2) At any time not later than sixty (60) days prior to his early retirement date or normal retirement date (or later if evidence of good health satisfactory to the City is provided), a participant may elect, with the consent of the committee, by giving notice in writing of such election to the committee, to convert the normal form of his retirement income to an optional form of retirement income. The optional form of retirement income shall be the actuarial equivalent of the retirement income which would otherwise be payable to the participant under the provisions of paragraph 7-8(1) on a life annuity basis. (3) In the case of a participant who is within two (2) years of his normal retirement date on the effective date of the Plan, he shall be entitled to request the election specified
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in paragraph (2) provided such election is made prior to the earlier of his actual retirement or July 1, 1972. (4) Once an optional form of retirement income has been elected, it cannot be modified or rescinded except with the express consent of the committee. Section 7.9 . Administration of the Plan. (1) The Plan shall be administered by a retirement committee consisting of three (3) employees (who may or may not be participants). The members of the retirement committee shall be appointed and serve at the pleasure of the City Council. The City Council shall have the right to fill interim vacancies. The members of the committee shall serve without compensation for services as such. The initial appointment of members of the committee shall be for 1, 2, 3 years. Appointment thereafter shall be for a period of three (3) years. (2) The committee shall have the following specific powers and duties: (a) It shall be the duty of the committee to administer the Plan in accordance with the terms of the Plan. (b) The committee shall keep records containing all relevant data pertaining to individual participants and their rights. Eligible employees and participants may consult with the committee on any matter relating to the Plan. (3) All interpretations, determinations and decisions of the committee in respect of any matter hereunder shall be final, conclusive and binding upon the participants and all other persons claiming any interest under the Plan. Any action taken by the committee will be in a uniform and nondiscriminatory manner. (4) In administering the Plan, no member of the committee shall be liable for any act of omission or commission except his own individual, willful and intentional malfeasance or misconduct.
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(5) The committee shall be entitled to rely conclusively upon all tables, valuation certificates, opinions and reports which shall be furnished by an actuary, accountant, comptroller, counsel or other person who shall be employed or engaged by the City. Section 7.10 . Facility of payment of retirement income. (1) No retirement income payable under the Plan shall be subject in any manner to anticipation, assignment, garnishment or pledge and any attempt to anticipate, assign, garnishee or pledge the same shall be void and no such benefits shall be in any manner liable for or subject to the debts, liability, engagements or torts of any participant; and, if any participant or beneficiary shall become bankrupt or attempt to anticipate, assign or pledge any retirement income, then such retirement income shall, in the discretion of the committee, cease, and in this event the committee shall have authority to cause the same or any part thereof to be held or applied to or for the benefit of such participant or beneficiary, his children or other dependents, or any of them, in such manner and such proportion as the committee may deem proper. (2) If, for any reason, the committee shall consider that it is undesirable, because of the physical or other incapacity of a participant or beneficiary entitled thereto, to make any payment provided herein directly to such person, the committee shall be at liberty to direct application of any such payment for the benefit of such participant or beneficiary in any way that it shall deem advisable, or to direct the making of such payments to any third person, who in the judgment of the committee, will apply the same for the benefit of the participant or beneficiary entitled thereto. Any such payment for the benefit of the participant or beneficiary entitled thereto, or a third person for his benefit, shall be a complete discharge of all liability of the Plan therefor. The committee may direct the withholding of any payment to a participant under legal disability until representative of such person competent to receive such payment in his behalf shall have been appointed pursuant to law.
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(3) If a participant who is receiving retirement income under the provisions of section IV, V or VI (7-4, 7-5 or 7-6) of the Plan is subsequently re-employed by the City, his retirement income shall cease during such re-employment. Commencing with the month following the month in which subsequent cessation of active service occurs, the participant shall again begin receiving retirement income, but such retirement income shall not be adjusted in any way with regard to the period of re-employment, and the participant shall not accrue any additional continuous service as a result of such re-employment. Section 7.11 . Method of financing. (1) A trustee shall be designated by the City Council and a trust agreement executed between the City and such trustee under the terms of which a trust fund shall be established to receive and hold contributions payable by the City and income thereon, and to pay the benefits provided by the Plan. (2) The City shall contribute to the trust fund such amounts as are deemed necessary to fund the retirement income provided by the Plan; provided, however, that any actuarial gains arising from actuarial experience under the Plan will be used to reduce the City contributions and will not be used to increase any benefits payable under the Plan. All City contributions when made to the trust fund and all property and funds of the trust fund, including income from investments and from all other sources, shall be retained for the exclusive benefit of participants and shall be used to pay retirement income provided hereunder or to pay expenses of administration of the Plan and the trust fund to the extent not paid by the City. The City may cancel the trust agreement subject only to the provisions of said trust agreement; provided, however, that the trust fund shall be retained for the exclusive benefit of participants, except as provided in paragraph 4 (7-12(4)) of the Plan. Section 7.12 . Amendment or termination.
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(1) The City hopes and expects to continue the Plan indefinitely but nevertheless reserves the right to amend, modify, suspend or terminate the Plan; provided, however, that no such action shall alter the Plan or its operation with respect to participants who shall have retired under this Plan prior to such action. Notwithstanding the foregoing, however, any modification or amendment of the Plan may be made retroactively, if necessary or appropriate to qualify or maintain the Plan as a plan meeting the requirements of the Internal Revenue Code, as now in effect or hereafter amended, or any other provisions of the law, as now in effect or hereafter amended or adopted, and any regulation issued thereunder. (2) In the event the Plan shall be terminated at any time by the City, or if the contributions to the Plan shall at any time be permanently discontinued by the City, the then present value of the retirement income earned by each participant as of the date of termination shall be determined and the assets of any fund then held by the trustee as reserves for retirement income for participants or beneficiaries as of the date of termination shall be allocated, to the extent that they shall be sufficient after providing for expenses of administration, for the benefit of such participants and beneficiaries in the order of precedence set forth below: (a) First, there shall be set aside for each retired participant and beneficiary receiving retirement income and for each active participant who shall have postponed his retirement in accordance with section VI (7-6) an amount which will provide for him the retirement income to which he is entitled under the terms of the Plan on the date of its termination. (b) There shall next be set aside for each participant not included in the category set forth in sub-paragraph (2)(a) who shall have qualified under the provisions of section V(7-5) for early retirement an amount which will provide for him the retirement income, payable at his normal retirement date, to which he is entitled under the terms of the Plan on the date of its termination.
5208
(c) There shall next be set aside for each participant not included in the categories set forth in sub-paragraphs (2)(a) and (b) who shall have qualified under the provisions of section VII (7-7) for accrued retirement income an amount which will provide for him the retirement income, payable at his normal retirement date, to which he is entitled under the terms of the Plan on the date of its termination. (d) There shall next be set aside for each participant not included in the categories set forth in sub-paragraphs (2)(a), (b), and (c) an amount which will provide for him the retirement income, payable at his normal retirement date, to which he is entitled under the terms of the Plan on the date of its termination. (3) If the assets of any fund held by the trustee as reserves for retirement income for participants and beneficiaries, as of the date the Plan is terminated, and are not sufficient to provide in whole the amounts required within the clauses described in paragraph (2), such assets will be allocated on a pro rata basis within the class in which the amounts first cannot be provided in full. After all liabilities of the Plan have been satisfied, the City shall be entitled to any balance of the trust fund which shall remain. (4) The City may direct that any retirement income payable in accordance with paragraph (2) shall be provided through the continuance of the existing trust agreement or through a new instrument for that purpose or through the purchase of an annuity contract or contracts from an insurance company, or by a combination thereof as it may decide. If the allocations produce retirement income of less than one hundred twenty dollars ($120) a year, a lump sum payment, which is the actuarial equivalent of such retirement income, may be paid in lieu thereof. (5) Notwithstanding anything in the Plan to the contrary, if the Plan is terminated by the City or the full current costs have not been funded prior to the date of January 1, 1982, the benefits which become payable during the restricted period (as defined below) to any restricted employee (as defined below) shall be limited to such employee's unrestricted
5209
benefits (as defined below) at any time. For the purpose of the preceding sentence: (a) Restricted employee shall mean each of the twenty-five (25) highest paid employees of the City on January 1, 1972, whose anticipated annual normal retirement income exceeds $1,500. (b) Restricted periods shall mean the period from January 1, 1972, to the later of January 1, 1982, or the date on which the full current costs have been funded for the first time. (c) Unrestricted benefits of any employee shall mean the annual retirement income of such employee provided by the City's contributions which do not exceed the greater of: (i) $20,000, or (ii) The amount computed by multiplying 20% of the first $50,000 of such employee's annual compensation by the number of years from January 1, 1972, to the earliest of the date of termination of the Plan, the date the employee's benefit becomes payable, and the date as of which the full current costs of the Plan were not funded. (6) The provision shall not restrict the current payment of full retirement income called for by the Plan to any retired participant or beneficiary while the Plan is in full effect and its full current costs have been met, nor shall it restrict the payment of any retirement income benefit withheld for prior years (under the foregoing provisions) after all deficits for all prior years and full current costs have been met. Section 7.13. General provisions. (1) The Plan shall not be deemed to constitute a contract between the City and any participant or to be a consideration for, or an inducement for the employment of the employee. Nothing contained in the Plan shall be deemed to give any employee the right to be retained in the service of the City or to interfere with the right of the City to discharge any
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employee at any time without regard to the effect which such discharge shall have upon him as a participant in this Plan. (2) While it is the intention of the City that this Plan shall be continued and that its contributions shall be made regularly each year, the Plan is entirely voluntary on the part of the City and the continuance of the Plan and the payments hereunder are not assumed as a contractual obligation of the City, and the City does not guarantee or promise to pay or cause to be paid any of the retirement income provided by the Plan. Each participant or other person who shall claim the right to any payment of retirement income under the Plan shall be entitled to look only to the trust fund for such payment and shall not have any right, claim or demand therefor against the City. (3) Whenever in the administration of the Plan any action by the committee is required with respect to eligibility or classification of employees or contributions or benefits, such action shall be uniform in nature as applied to all persons similarly situated and should not discriminate in favor of employees who are officers, persons whose principal duties consist in supervising the work of other employees, or highly compensated employees. (4) All City employees coming under this plan who are now covered by the retirement plan adopted by the City of Newnan in 1948, shall in no event receive less than $100.00 per month as retirement compensation under this Plan provided they meet the requirement of 30 years continuous service and are of the age of 55. (5) The Plan shall be construed and interpreted in accordance with the Laws of the State of Georgia. Section 7.14. Disability retirement. (1) In the event of permanent and total disability (as hereinafter defined) prior to the participant's normal retirement date, the participant shall be eligible for a disability pension in accordance with this section 7-14 provided that he has completed at least five (5) years of continuous service prior to such permanent and total disability and further
5211
provided that the sum of the participant's age plus years of continuous service equal thirty-five (35) years or more. (2) A participant shall be deemed to be permanently and totally disabled as of the date the disabling event occurred provided the participant subsequently receives benefits under the Federal Social Security Act. However, no participant shall be deemed to be disabled for purposes of this section if his disability resulted from chronic alcoholism or addiction to narcotics, engagement in a criminal act, or intentionally self-inflicted injury, or any injury sustained while a member of the armed forces of any country. (3) A participant upon retirement under the provisions of this section shall receive an annual disability benefit payable in monthly installments, commencing on his disability retirement date and payable on the first day of each month thereafter during the participant's lifetime and continued disability in accordance with Paragraph (5). (4) The amount of the participant's disability benefit shall be the difference between (a) minus (b) where: (a) Is fifty (50) percent of the participant's current annual earnings at the time the disability occurs; and (b) Is fifty (50) percent of the primary social security amount which the disabled participant is actually receiving under the social security act as in effect on his disability retirement date, plus one hundred (100) percent of the benefit for which the participant is eligible under any workmen's compensation law. In the case of lump sum settlements in lieu of or in addition to periodic payments under such workmen's compensation law, the lump sum shall be divided by the monthly benefit which would otherwise have been payable in order to determine the period over which the deduction shall be made. (5) A disabled participant's disability benefit shall cease:
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(a) If he resumes work; (b) If he refuses to submit to medical examination at any time prior to his sixty-fifth birthday, but no more often than semi-annually, to determine whether he is eligible for continuance of the disability benefit; (c) If social security disability benefits cease, or (d) If he dies. (6) A disabled participant retired under the disability provisions hereof who is subsequently re-employed by the City shall have continuous service counted as if his employment had not been interrupted by the period of disability and his annual earnings for such period of disability shall be counted for purposes of determining his career average earnings at his annual earnings rate in effect on his disability date. However, in no event shall a re-employed participant receive credit for service in excess of the period for which his disability benefit was payable. Section 7.15. Pre-retirement death, spouse's annuity. Upon the death of any participant, whether active or disabled, who has qualified for early retirement (15 years' service and age 55), the system shall pay the spouse a benefit which shall be equal to fifty (50) percent of the benefit the participant would have received if he had retired early on the date of his death and elected payment of his benefit in the form of a fifty (50) percent joint and survivor annuity. ARTICLE VIII GENERAL PROVISIONS Section 8.1. Eminent Domain. The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markethouses, 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;
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and to regulate the use thereof; and for such purposes, property may be taken under Title 22 of the O.C.G.A. or any other Georgia law applicable now or enacted in the future. Section 8.2. 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 may require by ordinance or as may be provided by state law. Section 8.3. Prior ordinances. All ordinances, bylaws, rules, and regulations now in force in the city not inconsistent with this charter, are declared valid and in full force and effect until amended or repealed by the city council. Section 8.4. First election under this charter. (a) The first municipal election shall be on the last Tuesday in October, 1988, for District B and District E, and council members from District B and District E shall be elected for four-year terms according to the provisions of this charter. (b) The next municipal election shall be on the last Tuesday in October, 1989, for the office of mayor, and the mayor shall be elected to a four-year term according to the provisions of this charter. (c) The next municipal election shall be held on the last Tuesday in October, 1990, and council members shall be elected for Districts A, C, D, and F, for four-year terms according to the provisions of this charter. (d) The elections shall be held pursuant to the amended consent decree entered in civil action number C84-1500N, in the United States District Court for the Northern District of Georgia. Section 8.5. 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 for a period of 90 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow an orderly transition.
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Section 8.6. 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 with by such city agencies, departments, personnel, or office as may be provided by the city council. Section 8.7. Penalties. The violation of any provision of this charter, for which penalty is not specifically provided for, is declared to be a misdemeanor and shall be punishable by a fine not to exceed $1,000.00 or by imprisonment not to exceed 12 months, or by both such fine and imprisonment. Section 8.8. 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 8.9. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be declared 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. Section 8.10. Specific repealer. An Act incorporating the City of Newnan, Georgia, in the County of Coweta, approved December 8, 1893 (Ga. L. 1893, p. 272), and all amendatory Acts thereto, are repealed in their entirety. Section 8.11. Reserved. Those amendments to the Constitution relating to the City of Newnan and the Board of Water, Sewerage, and Light Commission which are found and set forth at (Ga. L. 1972, p. 1410); (Ga. L. 1974, p. 1700); and (Ga. L. 1978, p. 2349) and those local laws specifically continuing such amendments in force and effect shall not be repealed by this Act.
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Section 8.12. Effective date. This Act shall become effective on July 1, 1987. Section 8.13. 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 1987 session of the General Assembly of Georgia a bill to provide a new charter for the City of Newnan, Georgia, and to provide for all matters relative thereto; and for other purposes. This 13th day of February, 1987. J. Neal Shepard, Jr. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Neal Shepard, Jr., who, on oath, deposes and says that he is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Newnan Times-Herald which is the official organ of Coweta County, on the following date: February 17, 1987. /s/ J. Neal Shepard, Jr. Representative, 71st District Sworn to and subscribed before me, this 17th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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TROUP COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 432 (House Bill No. 539). AN ACT To create a board of elections and registration in Troup County; to empower said board with the powers and duties of the election superintendent relating to the conduct of elections; to empower said board with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures; to provide for the qualifications and terms of the members of said board; to provide a method for the appointment, resignation, and removal of its members; to provide for a chairman, other officers, clerical assistants, and other employees; to provide for meetings and procedures of the board; to provide for compensation for the members and employees of said board; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Pursuant to authorization contained in subsection (b) of Code Section 21-2-40 of the Official Code of Georgia Annotated, there is created a Troup County Board of Elections and Registration and said board is empowered with the powers and duties of the election superintendent relating to the conduct of elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures. Section 2. (a) The Troup County Board of Elections and Registration shall be comprised of seven members to be appointed as follows: One member shall be appointed for a term of one year by the governing authority of the City of West Point; one member shall be appointed for a term of one year by the governing authority of the City of Hogansville; one member shall be appointed for a term of two years by the governing authority of the City of LaGrange; one member shall be appointed for a
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term of two years by the chairman of the county executive committee of the political party whose candidates received the largest number of votes in this state for members of the General Assembly at the last preceding general election; one member shall be appointed for a term of three years by the chairman of the county executive committee of the political party whose candidates received the second largest number of votes in this state for members of the General Assembly at the last preceding general election; and two members shall be appointed for a term of three years by the governing authority of Troup County. Such appointments by the chairmen shall be ratified by a majority of the members of the respective county executive committees of those political parties voting at a meeting duly called and held for that purpose; however, in the event that the members of such executive committees shall fail to elect any such board member within 90 days prior to January 1, 1988, or thereafter within 90 days prior to the expiration of the term of the predecessor in office, such members shall be appointed by the governing authority of Troup County. The terms of the seven initial members shall begin January 1, 1988. Successors to the initial members of the board shall take office on the first day of January following their appointment and shall serve for terms of three years and until their successors are appointed and qualified. (b) Upon the appointment of a member, the chairman of the county executive committee of the political party or the governing authority, as the case may be, shall file an affidavit with the clerk of Superior Court of Troup County, no later than 30 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed certifying that such member has been duly appointed as provided in this Act. 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 such member to the Georgia 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 law for registrars. (c) Three members of the Troup County board of elections shall be elected by the members of that board in January of each year to serve respectively as chairman, vice-chairman, and secretary for terms of one year. The chairman, vice-chairman, and secretary shall be allowed to succeed themselves.
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(d) Five members of the Troup County board of elections shall constitute a quorum of the board. Any action to be taken by the board shall be approved by the affirmative vote of a majority of those present and voting, excluding the chairman of the board. The chairman shall vote only when necessary to break a tied vote of the other members of the board. (e) The judge of the Probate Court of Troup County shall call the first meeting of the board in January, 1988. Thereafter, the board of elections shall meet on the call of the chairman. Each member shall be given at least 48 hours' notice prior to each meeting of the board. Section 3. (a) Any elector and resident of Troup County shall be eligible for membership on the board of elections except that no person who holds any federal, state, or local elective public office shall be eligible during the term of such elective office and the position of any member shall be deemed vacant upon such member's qualifying as a candidate for elective public office. (b) Each member of the board of elections shall take substantially the same oath as required by law for registrars before entering upon his or her duties. Each member shall have the same privileges from arrest provided by law for registrars. Section 4. (a) In the event a vacancy occurs in the office of any appointed member before the expiration of his or her term, whether by removal, death, resignation, or otherwise, the respective appointing authority shall, within 90 days following such vacancy, appoint a successor to serve the remainder of the unexpired term. The clerk of Superior Court of Troup County 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. (b) In the event the chairman of either of the county executive committees of the political parties shall fail to make an interim appointment within the time specified in subsection (a) of this section, the county governing authority shall make such appointment. Any member wishing to resign shall give written notice thereof to the respective appointing authority and shall file a copy thereof with the clerk of Superior Court of Troup County.
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(c) All members shall 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 provided for removal of registrars. Section 5. (a) The Troup County board of elections shall be empowered with all the powers and duties relating to the conduct of elections as election superintendents pursuant to the provisions of Title 21 of the O.C.G.A. (b) The Troup County board of elections is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Title 21 of the O.C.G.A. In addition to all other powers of boards of registrars, the Troup County board of elections may appoint a chief deputy registrar and delegate to such chief deputy registrar powers and duties relating to the registration of voters and absentee balloting procedures. (c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose. Section 6. Compensation for members of the board of elections and its employees and clerical assistants shall be fixed by the county governing authority and shall be paid from county funds. The governing authority of Troup County shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. Section 7. The chairman of the board of elections shall be the chief executive officer and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Section 8. The Troup County board of elections shall have the authority to contract with any municipal corporation located within the county for the holding by the board of any primary or election to be conducted within the municipal corporation.
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Section 9. The provisions of this Act which are necessary for the appointment of the members of the Troup County Board of Elections and Registration who will take office January 1, 1988, shall be effective upon the approval of the Governor or upon the date which this Act becomes law without his approval and this Act shall become effective for all purposes on January 1, 1988. Section 10. 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: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to create a board of elections and registration in Troup County; to provide for all related matters; and for other purposes. This 26th day of January, 1987. J. Crawford Ware Representative, 77th District Wade Milam Honorable Wade Milam Representative, 81st District has been published in said LaGrange Daily News, to-wit: 1-31-87, being one publications of said notice and petition, issued on dates aforesaid respectively.
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/s/ Glen O. Long Publisher Sworn and subscribed before me this 31st day of January 1987. /s/ Thelma A. Ledford Notary Public, Troup County (SEAL) Approved March 31, 1987. PAULDING COUNTY CORONER; COMPENSATION. No. 433 (House Bill No. 1004). AN ACT To amend an Act placing the clerk of the superior court, the sheriff, the ordinary, and the coroner of Paulding County on a salary basis in lieu of a fee basis, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2246), as amended, 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 clerk of the superior court, the sheriff, the ordinary, and the coroner of Paulding County on a salary basis in lieu of a fee basis, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2246), as amended, is amended by striking Section 5 and inserting in its place a new Section 5 to read as follows: Section 5. The coroner shall receive an annual salary of $3,600.00 payable in equal monthly installments from the funds of such county.
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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. Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act placing the clerk of the superior court, the sheriff, the ordinary, and the coroner of Paulding County on a salary basis in lieu of a fee basis, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2246), as amended; and for other purposes. This 13th day of February, 1987. L. Charles Watts, Rep. 41st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Charles 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 18, 1987. /s/ L. Charles Watts Representative, 41st District Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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CITY OF SUMMERVILLE CORPORATE LIMITS. No. 434 (House Bill No. 1002). 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, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 4953), so as to change the corporate limits of the City of Summerville; 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 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, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 4953), is amended by adding immediately after Section 4A a new Section 4B to read as follows: Section 4B. In addition to any other territory lying within the corporate boundaries of the City of Summerville, the following described tract or parcel of land shall be included within the corporate boundaries of said city: All that tract or parcel of land lying and being in the 6th District, 4th Section of Chattooga County, Georgia, in Land Lots 17 and 18, described as follows: BEGINNING at a point where the westerly boundary of Georgia Highway 114 intersects the existing Summerville City Limits boundary; thence south along the westerly boundary of Georgia Highway 114 to its intersection with the westerly boundary of GIVEN street; thence along the east and north boundaries of Lot 107 in the Oakwood Subdivision, as shown on a plat recorded in Plat Book 3, page 16, slide 63 of the official Chattooga County deed records, reference to which is made for a more detailed
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description; thence along the north, west, and south boundaries of Subdivision Lot 103; thence along the south boundary of Subdivision Lot 107 to westerly boundary of Georgia Highway 114 (said Subdivision Lots 103 and 107 being the property of Grady Love); thence south along the westerly boundary of Georgia Highway 114 to the middle of the eastern side of Subdivision Lot 18; thence along the middle line of Lot 18 in a northwesterly direction to the westerly boundary of Subdivision Lot 18; thence south along the west boundaries of Subdivision Lot 18 and 19 to the southwest corner of Subdivision Lot 19; thence along the southerly side of Subdivision Lot 19 to its intersection with the westerly boundary of Georgia Highway 114 (Subdivision Lot 19 and south one-half (1/2) of 18 being property of Sarah S. Coulliette); thence along the westerly boundary of Georgia Highway 114 to its intersection with the northerly side of Hartline Street; thence in a straight line across Georgia Highway 114 perpendicular to its center line to the easterly boundary of Georgia Highway 114; thence along the easterly boundary of Georgia Highway 114 in a northerly direction to original Summerville City Limits (being 1 mile from dome of Courthouse); thence westerly across Georgia Highway 114 along original City Limit boundary to point of beginning. 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 1987 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 GEORGIA, FULTON COUNTY
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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 Chatooga County, on the following date: February 12, 1987. /s/ John G. Crawford Representative, 5th District Sworn to and subscribed before me, this 18th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. UPSON COUNTY BOARD OF EDUCATION; TEMPORARY ADDITIONAL MEMBER. No. 435 (House Bill No. 994). AN ACT To amend an Act providing for the election of members of the Board of Education of Upson County, Georgia, approved February 1, 1974 (Ga. L. 1974, p. 2023), as amended, so as to temporarily add an additional member to the board; to provide for the election of such temporary member; to provide for the submission of this Act to the Attorney General of the United States; to provide an effective date; to repeal conflicting laws; and for other purposes.
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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 Upson County, Georgia, approved February 1, 1974 (Ga. L. 1974, p. 2023), as amended, is amended by adding a new Section 1A to read as follows: Section 1A. Notwithstanding any other provisions of this Act, the Board of Education of Upson County, Georgia, shall for a period commencing with the approval of this Act and until December 31, 1988, be composed of eight members, being the seven members as provided in this Act together with an additional board member from Education District No. 7. Upon the approval of this section, the duly elected and authorized members of the board of education shall by majority vote elect a person otherwise qualified under this Act to serve as the additional board member from Education District No. 7. Such board member shall be vested with all the powers, authority, and duties as are possessed by the remaining members of the board. Section 2. The Board of Education of Upson County, Georgia, is authorized and directed to instruct the attorney for the board to submit immediately a certified copy of this Act and other pertinent information to the Attorney General of the United States for approval in accordance with Section 5 of the federal Voting Rights Act of 1965. 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1987 Regular Session of the General Assembly of Georgia a bill to amend an act providing for the creation of the Upson County Board of Education (Ga. Laws 1974, p. 2023 as amended by Ga. Laws 1984, p. 4576) so as to provide for the temporary
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addition of a member of the Board, to provide for the election of such temporary member, to repeal conflicting laws, and for other purposes. This 12th day of January, 1987. BOARD OF EDUCATION OF UPSON COUNTY 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: January 18, 1987. /s/ Marvin Adams Representative, 79th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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DOUGHERTY COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 436 (House Bill No. 1061). AN ACT To amend an Act creating a board of commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), 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 Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, is amended by striking in its entirety Section 7 and inserting in lieu thereof a new Section 7 to read as follows: Section 7. Be it further enacted by the authority aforesaid, that the salary of the chairman of the board shall be $6,000.00 per annum and the salaries of the remaining members of the board shall be $4,800.00 per annum. Said salary shall be paid in equal monthly installments out of the treasury of Dougherty 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834) as amended; and for other purposes. This 8th day of January, 1987.
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Honorable John White Representative, 132nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John White, who, on oath, deposes and says that he is Representative from the 132nd 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: January 8, 1987. /s/ John White Representative, 132nd District Sworn to and subscribed before me, this 14th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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CITY OF QUITMAN BOARD OF COMMISSIONERS; COMPOSITION; ELECTIONS; DISTRICTS; TERMS; REFERENDUM. No. 437 (House Bill No. 1014). AN ACT To amend an Act reincorporating and providing a new charter for the City of Quitman in Brooks County, approved March 3, 1962 (Ga. L. 1962, p. 2894), as amended, particularly by an Act approved March 13, 1970 (Ga. L. 1970, p. 2655), so as to change the composition of the municipal governing authority, known as the board of commissioners for the City of Quitman; to provide for the manner of election and the terms of service of the members of the board; to provide districts for the election of members of the board; to provide for the shortening of the terms of the current members of the board; to provide for election of the chairman by plurality vote; to provide for municipal polling places; to provide for all related matters; to provide for a referendum election for approval or disapproval of the foregoing; 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 Quitman in Brooks County, approved March 3, 1962 (Ga. L. 1962, p. 2894), as amended, particularly by an Act approved March 13, 1970 (Ga. L. 1970, p. 2655), is amended by striking Sections 6 and 7 and inserting in their place new Sections 6 and 7 to read as follows: Section 6. (a) The board of commissioners shall consist of a chairman and four other members. In order to be eligible for election as chairman or member of the board, a candidate shall be a qualified voter of the City of Quitman and shall have resided in the city for one year next preceding his or her election. (b) The chairman of the board may reside anywhere within the city and shall be elected at large by the voters
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of the entire city. Each other commissioner must be a resident of the commissioner district he or she represents and shall be elected only by the voters residing within that commissioner district. Commissioner District No. 1 shall be represented by Posts No. 1 and 2, and Commissioner District No. 2 shall be represented by Posts No. 3 and 4. The commissioner districts from and by which members of the board shall be elected are described in Section 7 of this Act. (c) The initial members of the board elected under this section shall be elected at the special election provided for in subsection (d) of this section. Successors to such initial members shall be elected as follows: the chairman shall serve for terms of two years and shall be elected at the regular municipal election held in 1988, and biennially thereafter; Posts No. 1 and 3 shall serve for terms of four years and shall be elected at the regular municipal election held in 1988, and quadrennially thereafter; and Posts No. 2 and 4 shall serve for terms of four years and shall be elected at the regular municipal election held in 1990, and quadrennially thereafter. The terms of all members after the initial members shall begin on the first day of January next following their election. All members shall serve for the terms specified and until their successors are elected and take office. (d) The initial members elected under this section shall be elected at a special election to be held in 1987. The chairman and members from Posts No. 1 and 3 shall serve for terms ending December 31, 1988, and the members from Posts No. 2 and 4 shall serve for terms ending December 31, 1990. Said special election shall be called by the municipal election superintendent on a day not less than ten and not more than 20 days after this section becomes effective. The superintendent shall set the date of the special election for a day not less than 30 and not more than 40 days after the date of the call. Except with respect to the terms of the members elected and the date of the special election, all provisions of this Act relating to the regular municipal election shall apply to said special election. The members elected at the special election shall take office immediately following their election; and the prior members of the board shall thereupon cease to hold office.
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Section 7. For purposes of electing members of the board of commissioners, the City of Quitman is divided into two commissioner districts. If any part of the city is not described as included within either district, then such part of the city shall be included within the commissioner district which has the least population according to the 1980 decennial census. The two commissioner districts are described by the following boundaries: Commissioner District No. 1. Commencing at the center line of the intersection of the right of way of North Washington Street and the northern margin of the city limits of the City of Quitman and running south down the center line of Washington Street to the intersection of Courtland Avenue; thence running east on Courtland Avenue to the intersection of Courtland Avenue and North Jefferson Street; thence running south on North Jefferson Street to the intersection of Davis Street; thence running west on Davis Street to Culpepper Street; thence running south on Culpepper Street to Bartow Street; thence running east on Bartow Street to the intersection of Washington Street; thence south on Washington Street to the intersection of Stevens Street; thence west on Stevens Street to the intersection of Walker Street; thence south on Walker Street to the intersection of Railroad Street; thence northeast on Railroad Street to South Court Street; thence south on South Court Street to the Seaboard Coastline Railroad right of way; thence southwest along said right of way to the city limits; thence run southeasterly along the city limits of the City of Quitman; thence northeasterly along said city limits unto the place or point of beginning. Commissioner District No. 2. Commencing at the center line of the intersection of the right of way of North Washington Street and the northern margin of the city limits of the City of Quitman and running south down the center line of Washington Street to the intersection of Courtland Avenue; thence running east on Courtland Avenue to the intersection
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of Courtland Avenue and North Jefferson Street; thence running south on North Jefferson Street to the intersection of Davis Street; thence running west on Davis Street to Culpepper Street; thence running south on Culpepper Street to Bartow Street; thence running east on Bartow Street to the intersection of Washington Street; thence south on Washington Street to the intersection of Stevens Street; thence west on Stevens Street to the intersection of Walker Street; thence south on Walker Street to the intersection of Railroad Street; thence northeast on Railroad Street to South Court Street; thence south on South Court Street to the Seaboard Coastline Railroad right of way; thence southwest along said right of way to the city limits; thence run northwesterly along the city limits to the place or point of beginning. Section 2. Said Act is further amended by striking Section 32 and inserting in its place a new Section 32 to read as follows: Section 32. (a) Where election held; hours; vote required. All elections shall be held at the county agricultural annex or such other polling place or polling places as are designated by the board of commissioners, and the voting shall be by ballot. The polls shall be opened at 7:00 A.M. and closed at 7:00 P.M. The candidate seeking Commission Post 1, 2, 3, or 4 receiving a majority of the votes cast for a particular post in the election shall be elected to said post. In the event no candidate for a particular post receives a majority of the votes cast for that post, there shall be a runoff election between the two candidates receiving the highest number of votes. In the event two candidates receive the same number of votes and such number of votes is exceeded only by that number received by the candidate receiving the highest number of votes, those two candidates shall have a runoff election on the seventh day after the date of holding the first election in order to see who shall enter the runoff election with the candidate who received the highest number of votes. In the event of a tie vote in a runoff election, the same two candidates shall have a second runoff election on the seventh day following the first runoff election. (b) The position of chairman shall be elected by a plurality vote. The candidate for chairman receiving the most votes
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shall be elected to the said office. In the event that there is a tie vote between the candidates receiving the highest number of votes, then there shall be a runoff election between the said candidates. Except as otherwise provided herein, a runoff election shall be governed by the provisions of the Georgia Municipal Election Code. Section 3. Not less than ten nor more than 20 days after the first date on which this Act may lawfully be implemented under the federal Voting Rights Act of 1965, the election superintendent of the City of Quitman shall issue the call for an election for the purpose of submitting this Act to the voters of the City of Quitman. The superintendent shall set the date of the election for a day not less than 30 nor more than 40 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 of the election in the official organ of Brooks County. The ballot shall have written or printed thereon the following: () YES () NO Shall the Act be approved which changes the method of election and terms of the board of commissioners of the City of Quitman, shortens the terms of the current members, and provides for the election of new members? 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. The expense of the election shall be borne by the City of Quitman. The election superintendent shall hold and conduct the election and certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act reincorporating and providing a new charter for the City of Quitman in Brooks County, approved March 3, 1962 (Ga. L. 1962, p. 2894), as amended; and for other purposes. This 27 day of January, 1987. Henry L. Reaves PUBLISHER'S AFFIDAVIT Georgia, Brooks County Personally appeared before me this date, Reba Mason, publisher of THE QUITMAN FREE PRESS, Quitman, Georgia, the official organ of Brooks County, Georgia, who certifies that the attached legal advertisement was published in THE QUITMAN FREE PRESS on January 22, 1987. /s/ Reba Mason, Publisher THE QUITMAN FREE PRESS Quitman, Georgia Sworn to and subscribed before me this 18th day of February, 1987. /s/ Bradfield M. Shealy Notary Public, Georgia, State at Large My Commission Expires Mar. 19, 1988 (SEAL) Approved March 31, 1987.
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PAULDING COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 438 (House Bill No. 1005). AN ACT To amend an Act creating the board of commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4458), and an Act approved March 12, 1984 (Ga. L. 1984, p. 4078), so as to change the compensation 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 Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4458), and an Act approved March 12, 1984 (Ga. L. 1984, p. 4078), is amended by striking subsection (a) of Section 8 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The chairman shall receive a salary of $35,000.00 per annum, payable monthly. The other commissioners shall each receive a salary of $3,600.00 per annum, payable monthly, and shall also each receive a local expense allowance of $1,400.00 per annum, payable in equal monthly installments. All compensation provided for in this section shall be paid from county funds. Except as otherwise provided in subsection (b) of this section, the compensation provided herein shall constitute the entire compensation from all public sources to which the chairman or either commissioner shall be entitled. The chairman and other commissioners shall not be entitled to any further compensation for serving on any boards or authorities by virtue of their 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.
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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 1987 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4458), and an Act approved March 12, 1984 (Ga. L. 1984, p. 4078); and for other purposes. This 13th day of February, 1987. L. Charles Watts, Rep. 41st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Charles 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 18, 1987. /s/ L. Charles Watts Representative, 41st District Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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DOUGHERTY COUNTY STATE COURT; COSTS; FEES. No. 439 (House Bill No. 1064). AN ACT To amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, approved December 16, 1897 (Ga. L. 1897, p. 408), as amended, particularly by an Act approved March 18, 1983 (Ga. L. 1983, p. 4238), so as to change provisions concerning costs and fees; 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 Dougherty County, formerly known as the City Court of Albany, approved December 16, 1897 (Ga. L. 1897, p. 408), as amended, particularly by an Act approved March 18, 1983 (Ga. L. 1983, p. 4238), is amended by striking in their entirety Sections 15 and 16 and inserting in their place new Sections 15 and 16 to read as follows: Section 15. The costs and fees charged in the State Court of Dougherty County shall be the same as those charged in the Superior Court of Dougherty County. Section 16. The collection of costs at the time of filing a case, the exceptions allowed for indigence, and the taxing of costs at the conclusion of a case shall be as provided for superior courts. 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
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1987 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, approved December 16, 1967 (Ga. L. 1967, p. 408), as amended, particularly by an Act approved March 18, 1983 (Ga. L. 1983, p. 4238), so as to change provisions concerning costs and fees; to provide an effective date; and for other purposes. This 5th day of February, 1987. Honorable Tommy Chambless Representative, 133rd District 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 12, 1987. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 18th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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CLINCH COUNTY BOARD OF EDUCATION; ELECTIONS; SUCCESSORS. No. 440 (House Bill No. 1077). AN ACT To amend an Act providing for reapportionment of the board of education of Clinch County, approved March 28, 1985 (Ga. L. 1985, p. 4918), so as to correct an error relating to the election of successors to the initial member of the board of education of Clinch County from Education District No. 2; to provide that successors to the initial member of the board of education of Clinch County from Education District No. 1 shall be elected at the November election in 1990 and quadrennially thereafter; 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 providing for reapportionment of the board of education of Clinch County, approved March 28, 1985 (Ga. L. 1985, p. 4918), 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) One member shall be elected from each of the five education districts described in Section 5 of this Act. At the general election in 1988, and quadrennially thereafter, there shall be elected one member from Education District No. 2, Education District No. 3, and Education District No. 5. At the general election in 1988 there shall be elected one member from Education District No. 1 and Education District No. 4 who shall each serve an initial term of office of two years. At the general election in 1990, and quadrennially thereafter, successors to the initial members from Education District No. 1 and Education District No. 4 shall be elected. Section 2. All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia a bill to amend an Act providing for reapportionment of the Board of Education of Clinch County, approved March 28, 1985 (Ga. L. 1985, P. 4918); and for other purposes. This 5th day of February, 1987. TOM CROSBY, Jr. Representative 150th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosby, Jr., who, on oath, deposes and says that he is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clinch County News which is the official organ of Clinch County, on the following date: February 5, 1987. /s/ Tom Crosby, Jr. Representative, 150th District Sworn to and subscribed before me, this 26th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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DEKALB COUNTY STATE COURT; ADDITIONAL ASSISTANT SOLICITORS. No. 441 (House Bill No. 1078). 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 25, 1986 (Ga. L. 1986, p. 4467), so as to provide for the appointment of additional assistant solicitors of 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 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 25, 1986 (Ga. L. 1986, p. 4467), 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 12 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. All laws and parts of laws in conflict with this Act are repealed.
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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, 1987, such legislation being an act to amend an Act approved February 14, 1951, (Ga.L.1951, 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 7th day of January, 1987. Ralph Bowden, Solicitor State Court of DeKalb County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank L. Redding, Jr., who, on oath, deposes and says that he is Representative from the 50th 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 15, 1987. /s/ Frank L. Redding, Jr. Representative, 50th District Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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CITY OF TYRONE MAYOR PRO TEM; TERM; MAYOR AND COUNCIL; VACANCIES. No. 442 (House Bill No. 1081). AN ACT To amend an Act creating a new charter for the City of Tyrone, approved April 17, 1975 (Ga. L. 1975, p. 3876), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4571), so as to change the term of the mayor pro tem; to change provisions relating to filling vacancies in the offices of mayor and councilman; 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 new charter for the City of Tyrone, approved April 17, 1975 (Ga. L. 1975, p. 3876), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4571), is amended by striking subsection (b) of Section 2.201 which reads as follows: (b) The council by majority vote of all the members thereof shall elect one of their number to be mayor pro tem, who shall serve for a term of two (2) years and until his successor is elected and qualified., and inserting in its place a new subsection (b) to read as follows: (b) The council by majority vote of all the members thereof shall elect one of their number to be mayor pro tem, who shall serve for a term of one (1) year and until his successor is elected and qualified. Section 2. Said Act is further amended by striking Section 5.103 which reads as follows: Section 5.103. Vacancies. If the office of mayor or councilman becomes vacant for any reason, the vacancy shall be
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filled for the unexpired term of office in conformity with general state law. In the absence of any conflicting provision of general state law, a vacancy shall be filled by an appointment by the mayor and remaining council members of a person to serve until the next regular municipal election, at which election a person shall be elected to serve for the remainder of the unexpired term of office, if any., and inserting in its place a new Section 5.103 to read as follows: Section 5.103. Vacancies. If the office of mayor or any councilman or both shall become vacant for any cause whatsoever, said vacancy in office shall be filled for the remainder of the unexpired term of office by appointment by the mayor and remaining members of the council, or by so many of such officers as remain in office, until the next municipal general election, at which election a successor shall be elected to serve for the remainder of the unexpired term of office, if any. In cases of filling more than one vacancy, where the remaining officials do not constitute a quorum, the requirement of a quorum shall be dispensed with for the purpose of filling vacancies in accordance with this Code section only, Article II, Chapter 2, Section 2.204 of this charter notwithstanding. The qualifications of candidates shall conform to the applicable provisions of this charter and the Georgia Municipal Election Code, as now or hereafter amended. 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 1987 Session of the General Assembly of Georgia a bill to amend the Town Charter, ARTICLE II, Chapter 2, Section 2.201 (b), pertaining to the term of the Mayor pro tem; and also to amend ARTICLE V, section 5.103, pertaining to vacancies. This 18 day of December, 1986. J. Homer Murdoch, Mayor Town of Tyrone
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Heard, Jr., who, on oath, deposes and says that he is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County, on the following date: December 24, 1986. /s/ Paul W. Heard, Jr. Representative, 43rd District Sworn to and subscribed before me, this 26th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. CLAYTON COUNTY JUDGE OF THE PROBATE COURT; COMPENSATION. No. 443 (House Bill No. 1082). 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 25, 1986 (Ga. L. 1986, p. 4758), so as to change the compensation of said officer; to provide an effective date; to repeal conflicting laws; and for other purposes.
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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, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4758), is amended by striking from Section 1 the following: $35,640.00, and substituting in lieu thereof the following: $37,425.00, 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 $37,425.00 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 1987 session of the General Assembly of Georgia a bill to amend an Act placing the judge of the Probate County of Clayton County on an annual salary, approved February 1, 1950 (Ga. L. 1950, p. 2068), as amended; and for other purposes.
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This 18th day of February, 1987. 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 18, 1987. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 19th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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CLAYTON COUNTY STATE COURT; JUDGE; SOLICITOR; DEPUTY CLERK; COMPENSATION. No. 444 (House Bill No. 1083). 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 28, 1986 (Ga. L. 1986, p. 5569), so as to change the compensation of the deputy clerk of said court; to change the compensation of the judge and 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 Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5569), is amended by striking from Section 1A the following: $24,000.00, and substituting in lieu thereof the following: $28,775.00, so that when so amended Section 1A shall 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.
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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 $28,775.00 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: $50,775.00, and substituting in lieu thereof the following: $53,325.00, 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 $53,325.00 per annum which shall be paid monthly by the board of 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: $37,045.00, and substituting in lieu thereof the following:
5251
$38,900.00, 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 $38,900.00 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. 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 hereby given that there will be introduced at the regular 1987 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 18th day of February, 1987. 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 18, 1987.
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/s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 19th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. CLAYTON COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 445 (House Bill No. 1085). 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 28, 1986 (Ga. L. 1986, p. 5563), so as 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. 2064), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5563), is amended by striking from Section 7 the following:
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$51,290.00 and $8,850.00, respectively, and substituting in lieu thereof the following: $53,875.00 and $9,300.00, respectively, so that when so amended Section 7 shall read as follows: Section 7. Compensation. The chairman of the board shall be compensated in the amount of $53,875.00 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 $9,300.00 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 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 1987 session of the General Assembly of Georgia a bill to amend an
5254
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 18th day of February, 1987. 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 18, 1987. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 19th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
5255
CLAYTON COUNTYSHERIFF; CLERK OF THE SUPERIOR COURT; DEPUTY CLERK; COMPENSATION. No. 446 (House Bill No. 1087). 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 28, 1986 (Ga. L. 1986, p. 5566), so as to change the compensation of said officers; to change the 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 28, 1986 (Ga. L. 1986, p. 5566), is amended by striking from Section 1 the following: $35,640.00, and inserting in lieu thereof the following: $37,425.00, 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 $37,425.00 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
5256
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: $27,400.00, and inserting in lieu thereof the following: $28,775.00, 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 $28,775.00 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 1987 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 18th day of February, 1987. Clayton County Legislative Delegation
5257
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 18, 1987. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 19th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. CLAYTON COUNTY CIVIL SERVICE BOARD; COMPENSATION. No. 447 (House Bill No. 1088). AN ACT To amend an Act known as the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4470), so as to change the provisions relating to the compensation of the members of the civil service board; to provide an effective date; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4470), is amended by striking subsection (c) of Section 3 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) The chairman of the civil service board shall receive $225.00 per month for attending meetings of the board, and each of the remaining members shall receive $200.00 per month for attending meetings of the board. Such compensation shall be paid 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 his 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 1987 session of the General Assembly of Georgia a bill to amend an Act known as the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as amended; and for other purposes. This 18th day of February, 1987. 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
5259
to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: February 18, 1987. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 19th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. CLAYTON COUNTY TAX COMMISSIONER; DEPUTY TAX COMMISSIONER; COMPENSATION. No. 448 (House Bill No. 1086). 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 28, 1986 (Ga. L. 1986, p. 5017), 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:
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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 28, 1986 (Ga. L. 1986, p. 5017), is amended by striking from subsection (b) of Section 7 the following: $35,640.00, and substituting in lieu thereof the following: $37,425.00, 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 $37,425.00 which shall be paid in equal monthly installments from the funds of Clayton County. Section 2. Said Act is further amended by striking from subsection (b) of Section 7A the following: $27,400.00, and substituting in lieu thereof the following: $28,775.00, 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 $28,775.00 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.
5261
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to consolidate 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; and for other purposes. This 18th day of February, 1987. 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 18, 1987. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 19th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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COLQUITT COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS. No. 449 (House Bill No. 1093). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Colquitt 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, 1988, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Colquitt 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 LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill providing that vehicles shall be registered and licensed in Colquitt County, Georgia, during designated registration periods; and for other purposes. This 19th day of February, 1987. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. C. Powell, 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 25, 1987.
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/s/ C. C. Powell Representative, 145th District Sworn to and subscribed before me, this 26th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. TOWN OF AUBURN HOMESTEAD EXEMPTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 450 (House Bill No. 1092). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment granting a $2,000.00 homestead exemption from municipal ad valorem taxes to each resident of the Town of Auburn (Res. Act No. 12; H.R. 59-242; Ga. L. 1975, p. 1680); 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 granting a $2,000.00 homestead exemption from municipal ad valorem taxes to each resident of the Town of Auburn (Res. Act No. 12; H.R. 59-242; Ga. L. 1975, p. 1680) 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
5264
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 hereby given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia, a bill to continue in force and effect, an Amendment to the Constitution of Georgia which provided for Homestead Exemption from ad valorem taxes levied by said Town for residents of the Town of Auburn, Georgia (Georgia Laws 1975, Page 1680) and for other purposes. This 23rd Day of February, 1987. Mayor Council Town of Auburn, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John O. Mobley, Jr., 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 25, 1987. /s/ John O. Mobley, Jr. Representative, 64th District
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Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. JEFF DAVIS COUNTY AND POLITICAL SUBDIVISIONS THEREIN AD VALOREM TAXATION OF CAPITAL IMPROVEMENTS OF NEW INDUSTRIES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 451 (House Bill No. 1094). 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 bodies of Jeff Davis County and each of the political subdivisions located in Jeff Davis County to exempt from ad valorem taxation, the capital improvements of new industries and businesses for either a period of ten years or until such time as the total amount of tax exemptions shall equal the amount of sales tax paid to the State of Georgia on capital improvements (Res. Act No. 47; H. R. 115-272; Ga. L. 1963, p. 674); 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 bodies of Jeff Davis County and each of the political subdivisions located in Jeff Davis County to exempt from ad
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valorem taxation, the capital improvements of new industries and businesses for either a period of ten years or until such time as the total amount of tax exemptions shall equal the amount of sales tax paid to the State of Georgia on capital improvements (Res. Act No. 47; H. R. 115-272; Ga. L. 1963, p. 674) 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 1987 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 bodies of Jeff Davis County and each of the political subdivisions located in Jeff Davis County to exempt from ad valorem taxation the capital improvements of new industries and businesses for either a period of ten years or until such time as the total amount of tax exemption shall equal the amount of sales tax paid to the State of Georgia on capital improvements (Res. Act No. 47; H.R. 115-272; Ga. L. 1963, p. 674); and for other purposes. This 4th day of February, 1987. Roger Byrd State Representative GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger C. Byrd, 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 Jeff Davis
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County Ledger which is the official organ of Jeff Davis County, on the following date: February 4, 1987. /s/ Roger C. Byrd Representative, 153rd District Sworn to and subscribed before me, this 26th day of February, 1987. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved March 31, 1987. BROOKS COUNTY SCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 452 (House Bill No. 1095). AN ACT To provide that future school superintendents of the Brooks 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 Brooks 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 Brooks County School District in office on the effective date of this section shall serve out the term of office for which he was elected. Thereafter, future school superintendents of the Brooks County School District
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shall be appointed by the board of education of Brooks County rather than elected; and no election for school superintendent of the Brooks County School District shall be held. In the event of a vacancy in the office of school superintendent on or after the effective date of this section, the vacancy shall be filled by appointment as provided in this Act. 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 any additional method for removal of the school superintendent for cause, after notice and opportunity for hearing. 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 Brooks County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Brooks County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the March, 1988, presidential preference primary 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 Brooks 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 Brooks 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 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
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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, 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 Brooks 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given of the intention to introduce legislation in the Georgia General Assembly to provide for a referendum in Brooks County to determine if the citizens of Brooks County want to have an elected Superintendent or an appointed Superintendent. The referendum will be held the early part of 1988. 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 25, 1987. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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CITY OF LAKE PARK CORPORATE LIMITS. No. 453 (House Bill No. 1097). AN ACT To amend an Act creating a new charter for the City of Lake Park, approved April 17, 1973 (Ga. L. 1973, p. 3074), so as to change the provisions relating to and to provide for 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 creating a new charter for the City of Lake Park, approved April 17, 1973 (Ga. L. 1973, p. 3074), is amended by striking Section 1.11 in its entirety and substituting in lieu thereof a new Section 1.11 to read as follows: Section 1.11. Corporate boundaries. (a) The boundaries of the City of Lake Park shall be as shown on a map entitled `Survey for the City of Lake Park,' dated February 9, 1987, which was prepared by Harris Surveying and Engineering Company of Valdosta, Georgia, and which is on file in the office of the clerk of the City of Lake Park and which is recorded in Book 31 at page 253 in the office of the clerk of the Superior Court of Lowndes County. (b) The boundaries of the City of Lake Park may be altered from time to time in the manner provided by law and the city council may provide for the amendment of or the redrawing of the map described in subsection (a) of this section to reflect such alterations and the current boundaries of the city. (c) The map described in subsection (a) of this section with such amendments as may be made thereto from time to time or a redrawn map as provided for in subsection (b) of this section shall be retained at all times in the office of the clerk of the City of Lake Park and shall be designated the `Official Map of the Corporate Limits of the City of Lake
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Park, Georgia.' Photographic or other copies of such map certified by the clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map on file in the office of the 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the city of Lake Park approved April 17, 1973 (Ga. L. 1973, p. 3074), so as to change the provisions relating to and to provide for the corporate boundaries of said city; and for other purposes. This 23rd day of February, 1987. HENRY L. REAVES State Representative District 147 I, Robert F. Morrell, Publisher of The Valdosta Daily Times, Valdosta, Georgia, do hereby certify that the legal notice was published in The Valdosta Daily Times, Valdosta, Georgia on Wed. February 25th 1987. Local Legis. City of Lake Park, Ga. /s/ Robert F. Morrell Publisher Sworn to before me this 25th day of Feb, 1987. /s/ Edith D. Smith N.P. My comm. expires 5-1-88 (SEAL) Approved March 31, 1987.
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CITY OF MARIETTA CORPORATE LIMITS. No. 454 (House Bill No. 1143). 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 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, is amended by adding two new subsections at the end of Section 1.4, to be designated subsections (g) and (h), respectively, to read as follows: (g) 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: All that tract or parcel of land lying and being in Land Lot 650 of the 17th District, 2nd Section, Cobb County, Georgia, and being all of Lot 9, Block B, Revised Section 2, Meadowbrook Subdivision, as shown on a plat of survey prepared by Merritt Welker, Engineers, recorded in Plat Book 16, Page 121, Cobb County Records, and being more particularly described as follows: BEGINNING at a point on the easterly right of way line of Meadowbrook Drive, 684.6 feet southerly as measured along the easterly right of way line of said Meadowbrook Drive, and following the curvature thereof from the intersection of the easterly right of way line of said Meadowbrook Drive with the south right of way line of Mayes Drive, said point of beginning also being located at the southwest corner of Lot 8, said subdivision, section, block and plat; running
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thence south along the east right of way line of said Meadowbrook Drive for a distance of 80 feet to an iron pin and corner located at the northwest corner of Lot 10, said subdivision, section, block and plat; running thence easterly along the northerly line of said Lot 10, forming an interior angle of 90 degrees 10 minutes with the last described course for a distance of 150 feet to an iron pin and corner; running thence north, forming an interior angle of 89 degrees 50 minutes with the last described course, for a distance of 80 feet to an iron pin and corner located at the southeast corner of said Lot 8; running thence west along the south line of said Lot 8, for a distance of 150 feet to an iron pin and corner and the point of beginning. This being improved property having thereon a dwelling known as 138 Meadowbrook Drive according to the present system of numbering houses in Cobb County, Georgia. (h) The corporate limits of the city shall further include the following tract or parcel of land: All that tract or parcel of land lying and being in Land Lot No. 797, of the 16th District, 2nd Section, Cobb County, Georgia, as per plat by Clifton E. Phillips, Surveyor, dated August 31, 1979, and more particularly described as follows: BEGINNING at the common corners of Land Lot 797, 788, 787 and 798, said corners being the northeast corner of Land Lot 797; running thence South 1 degree 00[prime] West, 313 feet to an iron pin; running thence North 41 degrees 28[prime] West, 113.7 feet to a concrete right-of-way marker; running thence North 62 degrees 06[prime] West, 159 feet to a concrete right-of-way marker; running thence North 63 degrees 59[prime] West, 242 feet to a concrete right-of-way marker; running thence North 38 degrees 59[prime] West, 72.6 feet to an iron pin; running thence South 89 degrees 00[prime] East, 484.7 feet to the common land lot corners of Land Lots 797, 788, 787 and 798, to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the regular 1987 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 5th day of Jan., 1987. Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES 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 9, 1987. /s/ Terry D. Lawler Representative, 20th District
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Sworn to and subscribed before me, this 5th day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. FLOYD COUNTY CLERK OF THE SUPERIOR COURT; JUDGE OF THE PROBATE COURT; COMPENSATION; SUPPLEMENTS. No. 455 (House Bill No. 1125). AN ACT To amend an Act establishing the compensation and allowances for the clerk of the Superior Court of Floyd County and the judge of the Probate Court of Floyd County, approved March 27, 1972 (Ga. L. 1972, p. 3184), as amended, so as to authorize the Board of Commissioners of Floyd County to supplement the compensation of such officers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing the compensation and allowances for the clerk of the Superior Court of Floyd County and the judge of the Probate Court of Floyd County, approved March 27, 1972 (Ga. L. 1972, p. 3184), as amended, is amended by striking Section 4 thereof, which reads as follows: Section 4. The base salaries provided herein are the authorized minimums with the salary to be set by the Board of Commissioners of Floyd County at its discretion. The increases for experience are the authorized minimums with
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the actual amount for experience to be determined by the board of commissioners., and inserting in its place the following: Section 4. The compensation payable to the clerk of the Superior Court of Floyd County and the judge of the Probate Court of Floyd County under this Act shall be the minimum compensation for those officers and the Board of Commissioners of Floyd County may supplement that compensation in such amounts as that board may determine in its sole discretion, but nothing herein shall authorize the Board of Commissioners of Floyd County to reduce the salary of the clerk of the Superior Court or the judge of the Probate Court at the time this act shall become effective. 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 1987 session of the General Assembly of Georgia a bill to amend an Act establishing the compensation and allowances of the clerk of the Superior Court and the judge of the Probate Court of Floyd County, approved March 27, 1972 (Ga. L. 1972, p. 3184), as amended; and for other purposes. This 24 day of February, 1987. Rep. Paul E. Smith Rep. E. M. Childers Rep. Forrest L. McKelvey Sen. 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: February 27, 1987.
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/s/ E. M. Childers Representative, 15th District Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. BANKS COUNTY INDUSTRIAL BUILDING AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 456 (House Bill No. 1101). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Banks County Industrial Building Authority and providing for powers, authority, funds, purposes, and procedure connected therewith (Resolution Act No. 181; House Resolution 613-1158; Ga. L. 1962, p. 939); 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 Banks County Industrial Building Authority and providing for powers, authority, funds, purposes, and procedure connected therewith (Resolution Act No. 181; House Resolution 613-1158; Ga. L. 1962, p. 939) shall not be repealed or deleted on July 1,
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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 1987 session of the General Assembly of Georgia a bill continuing in force and effect as a part of the Constitution of this state the Banks County Industrial Building Authority. This 19th day of February 1987. Rep. Lauren McDonald, Jr. 12th District Rep. Jeanette Jamieson 11th District Rep. William Dover 11th District Representatives GEORGIA, FULTON 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, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Banks County Journal which is the official organ of Banks County, on the following date: February 25, 1987. /s/ Jeanette Jamieson Representative, 11th District
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Sworn to and subscribed before me, this 26th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. CITY OF SUGAR HILL HOMESTEAD EXEMPTION; RESIDENTS WHO ARE 62 OR DISABLED; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 457 (House Bill No. 1100). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment granting a $2,000.00 homestead exemption from municipal ad valorem taxes to each resident of the City of Sugar Hill who is disabled or 62 years of age or older and has specified income not exceeding $5,000.00 per year (Res. Act No. 152; H.R. 661-1947; Ga. L. 1974, p. 1722); 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 granting a $2,000.00 homestead exemption from municipal ad valorem taxes to each resident of the City of Sugar Hill who is disabled or 62 years of age or older and has specified income not exceeding $5,000.00 per year (Res. Act No. 152; H.R. 661-1947; Ga. L. 1974, p. 1722) 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.
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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 1987 Session of the General Assembly of Georgia, a bill to continue in force and effect, an Amendment to the Constitution of Georgia which provided for Homestead Exemption for aged or disabled residents of the City of Sugar Hill, Georgia (Georgia Laws 1974, Page 1722) and for other purposes. This 9th Day of February, 1987. Mayor and Council City of Sugar Hill, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronald W. Pittman, 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 13, 1987. /s/ Ronald W. Pittman Representative, 60th District Sworn to and subscribed before me, this 3rd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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GLASCOCK COUNTY BOARD OF COMMISSIONERS; CLERK; COMPENSATION; BOND; CONTRACTS. No. 458 (House Bill No. 1141). AN ACT To amend an Act creating the Board of Commissioners of Glascock County, approved February 8, 1945 (Ga. L. 1945, p. 569), as amended, so as to correct references and make grammatic and stylistic changes in such Act; to change the provisions relating to the compensation of the clerk; to change the amount of the bond of the clerk; to change the provisions relating to contracts; 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 creating the Board of Commissioners of Glascock County, approved February 8, 1945 (Ga. L. 1945, p. 569), as amended, is amended by striking Section 3 and inserting in lieu thereof a new Section 3 to read as follows: Section 3. Should a vacancy from death, resignation, removal from the county, district, or otherwise occur on said board of commissioners, the same shall be filled by appointment by the Governor of Georgia until the first day of January after the general election held next after such vacancy occurs, and the appointment shall be made from the district in which the vacancy occurs. Each commissioner, before entering into his duties, shall give bond with good security to be approved by the judge of the probate court in the sum of $1,000.00 payable to the judge of the probate court of said county and his successor in office and shall take and subscribe an oath before the judge of the probate court of said county to well and faithfully perform his duties as such commissioner under this Act, which bond and oath shall be filed with the judge of the probate court and recorded upon his minutes. Said bond shall be for the faithful performance of the duties of the office of commissioner and may be sued upon by the
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judge of the probate court on his own initiative or by direction of any grand jury of the county, and any commissioner and his surety shall be liable for any breach by way of malfeasance in office or for any neglect of duties. Section 2. Said Act is further amended by striking Section 6 and inserting in lieu thereof a new Section 6 to read as follows: Section 6. Said commissioners shall meet in regular session at the county site on the first Tuesday in each month for the transaction of county business but may meet in extraordinary session whenever, in their judgment, public necessity may require it or at any time upon a special call by the chairman; and they shall, at their first meeting after their organization under this Act or at any other time, appoint some suitable person to act as clerk of said board, whose term of office shall be the same as that of the commissioners, unless removed by the commissioners for incompetency or malpractice in office, and whose compensation shall be as set by the board of commissioners and paid out of the county treasury, as other expenses of the county are paid. The clerk shall file with the chairman of the board, subject to his approval, a bond, with good security, in the sum of $5,000.00 payable to the Board of Commissioners of Glascock County. Said bond shall be for the faithful performance of his duties as clerk and to account for all funds, property, or effects coming into his hands as such clerk and may be enforced by the commissioners by suit whenever malfeasance in office or neglect of duty occurs. It shall be the duty of the clerk to attend all meetings of the commissioners and to keep in well-bound books, to be provided by the commissioners at the expense of the county, full and accurate records and minutes of all their transactions; to file in the order of their date all the original orders and other papers; to arrange and keep in order of their filing all petitions, applications, and other papers addressed to said commissioners and belonging to the board; to sign, as clerk, all orders and warrants issued at the instance of said board and to record in a separate book all orders made or approved by said commissioners for the payment of money by the county treasurer; and all books, fees, and records required by this Act to be used or kept shall be open at the county site for inspection of all taxpayers of the county at all times.
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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. Said board shall have authority to employ such other servants, agents, and employees and to contract for such material, implements, and road equipment as may be necessary to successfully carry on county business not contrary to this Act or law. 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Glascock County, approved February 8, 1945 (Ga. L. 1945, p. 569), as amended; and for other purposes. This 19 day of February, 1987. -s-Charles C. Roberts GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward D. Ricketson, Jr., 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 Gibson Record and Guide which is the official organ of Glascock County, on the following date: February 27, 1987. /s/ Edward D. Ricketson, Jr. Representative, 82nd District
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Sworn to and subscribed before me, this 3rd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. CITY OF FORT GAINES AND CLAY COUNTY PORT AND TERMINAL FACILITIES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 459 (House Bill No. 1145). 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 establishment, construction, financing, and operation of municipal port and terminal facilities in the City of Fort Gaines and Clay County and authorizing Clay County to contract with the City of Fort Gaines with respect to municipal port and terminal facilities (Res. Act No. 56; H.R. 167-513; Ga. L. 1959, p. 457); 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 establishment, construction, financing, and operation of municipal port and terminal facilities in the City of Fort Gaines and Clay County and authorizing Clay County to contract with the City of Fort Gaines with respect to municipal port and terminal facilities (Res. Act No. 56; H.R. 167-513; Ga. L. 1959, p. 457) 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.
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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 1987 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 Clay County Development Authority (Georgia Laws 1969, page 467); and for other purposes. This..... day of....., 1987. Robert M. Watson, Chairman Clay County Development Authority GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times/News Record which is the official organ of Clay County, on the following date: February 19, 1987. /s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 5th day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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CLAY COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 460 (House Bill No. 1146). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Clay County Development Authority (Res. Act No. 211; H.R. 453-1002; Ga. L. 1968, p. 1634); 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 Clay County Development Authority (Res. Act No. 211; H.R. 453-1002; Ga. L. 1968, p. 1634) 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 1987 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 Clay County Industrial Development Authority (Georgia Laws 1968, page 1634); and for other purposes.
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This..... day of....., 1987. James E. Coleman, Chairman Clay County Industrial Development Authority GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times/News Record which is the official organ of Clay County, on the following date: February 19, 1987. /s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 5th day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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CITY OF FORT GAINES TAX FOR PROMOTING NEW INDUSTRIES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 461 (House Bill No. 1147). 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 Fort Gaines in Clay County to levy a tax not to exceed one mill for the purpose of promoting and encouraging the location of new industries in the City of Fort Gaines, and authorizing the governing authority of said city to select a board of citizens from the City of Fort Gaines to render advice respecting the use of such fund (Res. Act No. 93; H.R. 111-346b; Ga. L. 1957, p. 545); 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 Fort Gaines in Clay County to levy a tax not to exceed one mill for the purpose of promoting and encouraging the location of new industries in the City of Fort Gaines, and authorizing the governing authority of said city to select a board of citizens from the City of Fort Gaines to render advice respecting the use of such fund (Res. Act No. 93; H.R. 111-346b; Ga. L. 1957, p. 545) 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.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 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 power of the City of Fort Gaines, Georgia, to add a 1 mill ad valorem tax to real property (Georgia Laws 1967, page 545), and for other purposes. This..... day of....., 1987. Dr. David Weatherby, Mayor City of Fort Gaines, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times/News Record which is the official organ of Clay County, on the following date: February 19, 1987. /s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 5th day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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CITY OF AUSTELL CORPORATE LIMITS. No. 462 (House Bill No. 984). AN ACT To amend an Act creating a new charter for the City of Austell, approved March 28, 1986 (Ga. L. 1986, p. 4902), so as to change the corporate limits of the city; 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 Austell, approved March 28, 1986 (Ga. L. 1986, p. 4902), is amended by adding at the end of Section 1.11 a new subsection (c) to read as follows: (c) In addition to the corporate boundaries provided for in subsections (a) and (b) of this section, the corporate limits of the City of Austell shall include and embrace the following tracts of land: Tract 1 All that tract or parcel of land Lying and being in Land Lot 1157, 19th District, 2nd Section of Cobb County, Georgia and being more particularly described as follows: BEGINNING at an iron pin, which iron pin is located 121.56 feet northwesterly from the northeasterly side of the right of way of Jones Road; running thence north 17 degrees 44 minutes west a distance of 100.0 feet to an iron pin; running thence north 10 degrees 44 minutes west a distance of 93.5 feet to an iron pin; running thence northeasterly a distance of 49.4 feet to an iron pin; running thence northeasterly a distance of 13.1 feet to an iron pin; running thence north 89 degrees 25 minutes east a distance of 174.0 feet to an iron pin; running thence south 34 degrees 43 minutes west a distance of 199.3 feet to an iron pin at the point of beginning.
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ALSO, included as a part of this property is an easement beginning at a point 328 feet east of the east side of Anderson Mill Road, as measured along the south side of Clay Road; running thence south 202.5 feet to a point; running thence northeasterly a distance of 13.1 feet to a point; running thence north a distance of 194 feet to the south boundary of Clay Road; running thence west a distance of 10 feet to the point of beginning. Said easement being 10 feet wide from Clay Road to the above described property as was deeded by Estate of Clyde Clay to Hatchery Planning, Inc. by Quit Claim Deed dated December 15, 1969, and recorded in Deed Book 1151, Page 216, Cobb County Records. Tract 2 All that tract or parcel of land lying and being in Land Lot 139, 18th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point which is the intersection of the northerly right-of-way of Franklin Street and the westerly right-of-way of Bowden Street; running thence South 86 deg. 37[prime] West a distance of 200 feet to a point; running thence North 01 deg. 00[prime] West a distance of 50 feet to a point; running thence North 86 deg. 37[prime] East a distance of 200 feet to a point on the westerly right-of-way of Bowden Street; running thence South 01 deg. 00[prime] East a distance of 50 feet to the point of BEGINNING, also all that tract or parcel of land lying and being in Land Lot 139, 18th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the westerly right-of-way of Bowden Street, said point being 50 feet from the intersection of the northerly right-of-way of Franklin Street and the westerly right-of-way of Bowden Street; running thence South 86 deg. 37[prime] West a distance of 200 feet to a point; running thence North 01 deg. 00[prime] West a distance of 50 feet to a point; running thence north 86 deg. 37[prime] East a distance of 200 feet to a point on the westerly right-of-way of Bowden Street; running thence South 01 deg. 00[prime] East a distance of 50 feet to the point of BEGINNING.
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Tract 3 All that tract or parcel of land lying and being in Land Lot 95 of the 18th District, 2nd Section of Cobb County, Georgia and being more particularly described as follows: BEGINNING at a point located on the north side of Humphries Hill Road 130 feet west from the northwest corner of the intersection of Paper Mill Road and Humphries Hill Road; thence running northerly a distance of 202.2 feet to a point marked by an iron pin; thence running east a distance of 130 feet to a point marked by an iron pin located on the west side of Paper Mill Road; thence running south along the west side of Paper Mill Road a distance of 190 feet to a point marked by an iron pin; thence running east along the north side of Humphries Hill Road a distance of 130 feet to a point marked by an iron pin and the pt. of beginning. Tract 4 All that tract and parcel of land lying and being in Land Lot 1281 of the 19th District, 2nd Section of Cobb County, Georgia as per Plat by B. H. Cox Reg. Surveyor No. 1344 dated June 22, 1966 for Sam S. Knox being more particularly described as follows: BEGINNING at an iron pin located on easterly right-of-way of Austell Powder Springs Road also known as U.S. Highway 278, said iron pin is located 150 feet Northerly from intersection of Northerly side of Stovall Road with Easterly side of Austell Powder Springs Road as measured along Easterly side of Austell Powder Springs Road; running thence Northerly along right of way of Austell Powder Springs Road 150 feet to an iron pin; running thence North 70 degrees 50 minutes East 150 feet to an iron pin; running thence Southerly 150 feet to an iron pin; running thence Westerly 150 feet to an iron pin located on easterly right of way of Austell Powder Springs Road and the point of beginning. Tract 5 All that tract or parcel of land lying and being in Land Lot 1213, 19th District, 2nd Section, Cobb County, Georgia, and being Lot 1, Block C, Shady Lane Subdivision, as shown
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on plat of same recorded in Plat Book 19, Page 74, Cobb County Records and being more particularly described as follows: BEGINNING at an iron pin located on the Easterly side of Medford Lane, 279.8 feet Southerly from the intersection of the Easterly side of Medford Lane with the original North line of Land Lot 1213, and running thence Easterly for a distance of 199.3 feet to an iron pin and corner; thence running Southerly along the original East line of Land Lot 1213 for a distance of 161.3 feet to an iron pin and corner; thence running Southwesterly for a distance of 154.9 feet to an iron pin and corner located on the Easterly side of Medford Lane; thence running Northwesterly and Northerly along the Easterly side of said Lane for a distance of 228 feet to the iron pin at the point of beginning. Tract 6 All that tract or parcel of land lying in Land Lot 1287, 19th District, Second Section, Cobb County, Georgia, more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING: Beginning at the common corners of land lots 1287, 1230, 1288, 1229, thence N 01 deg. 57[prime] W 301.7 feet to an iron pin, thence N 01 deg. 57[prime] W 219.8 feet to an iron pin, thence S 86 deg. 11[prime] E 266.0 feet to an iron pin being THE TRUE POINT OF BEGINNING, thence S 44 deg. 08[prime]32[Prime] E 198.80 feet to an iron pin, thence S 83 deg. 01[prime]32[Prime] E 155.25 feet to an iron pin, thence N 17 deg. 36[prime]00[Prime] E 162.28 feet to an iron pin, thence N 68 deg. 23[prime]00[Prime] W 89.76 feet to an iron pin, continuing thence in the same direction 178.00 feet to an iron pin, thence S 45 deg. 16[prime]25[Prime] W 90.43 feet to an iron pin, thence S 45 deg. 16[prime]25[Prime] W 40.00 feet to the point of beginning. Tract 7 All that tract or parcel of land lying and being in Land Lots 1091, 1092, 1127, 1128, 1129, 1130, 1163, 1164, 1165, 1166, 1167, 1168, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1237, 1238, 1239, 1240, 1241, 1276, 1277, 1278, 1279, 1280,
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1311, 1312, 1313, and 1314 of the 19th District and 2nd Section, Cobb County, Georgia, containing 802.13 acres more or less, as shown on plat of survey by Gaskins Surveying Co., Inc., dated May 27, 1983, less and excepted a tract containing 6.5 acres, shown on survey by Tri-County Land Surveying/Boggus Associates, dated December 17, 1984, and not including the Mill Village. Tract 8 All that tract or parcel of land lying in Land Lot 1213, 19th District, Second Section of Cobb County, Georgia, and more particularly described as follows: BEGINNING at an iron pin located on the westernmost right of way line of Medford Lane 258 feet from the intersection of said right of way line with the northernmost right of way of Perkerson Mill Road, thence S 25 deg. 50[prime]E 200.0 feet to an iron pin, thence N 79 deg. 20[prime]E 211.0 feet to an iron pin, thence N 10 deg. 40[prime] W 183.3 feet to an iron pin, thence S 81 deg. 22[prime]13[Prime] W 262.7 feet to the point of beginning. Tract 9 All that tract or parcel of land lying in Land Lot 1213, 19th District, Second Section, Cobb County, Georgia, more particularly described as follows: BEGINNING at an iron pin located at the intersection of the northernmost right of way line of Perkerson Mill Road and the westernmost right of way line of Medford Lane, thence S 19 deg. 08[prime] E 258 feet to an iron pin, thence N 81 deg. 22[prime]13[Prime] E. 413.1 feet to an iron pin, thence N 26 deg. 56[prime]54[Prime] E. 120.0 feet to an iron pin, thence continuing in the same direction 149.9 feet to an iron pin, thence N 30 deg. 41[prime]56[Prime] E 116.4 feet to an iron pin, thence N 58 deg. 51[prime] W 40.76 feet to an iron pin, thence S 55 deg. 56[prime]12[Prime] W 192.3 feet to an iron pin, thence N 34 deg. 44[prime] W 198.9 feet to an iron pin, thence S 55 deg. 15[prime]20[Prime] W 25.08 feet to an iron pin, thence S 57 deg. 25[prime]30[Prime] W 410.4 feet to the point of beginning. Tract 10 All that tract or parcel of land lying and being in the South half of Land Lot No. 1230 which is located on the
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West side of Marietta-Austell Public Road in the 19th District, 2nd Section of Cobb County, Georgia and more fully described as follows: BEGINNING on the West side of Marietta-Austell Public Road at the Northeast corner of H. S. Edwards property; thence running North on West side of Marietta-Austell Public Road to W. R. Burnett's property; thence West 400 feet to a stake; thence south from the property of W. R. Burnett's property, this is from the Southwest corner of W. R. Burnett's property to H. S. Edwards' property to a stake; thence East 400 feet to the West side of Marietta-Austell Public Road, THE POINT OF BEGINNING. Tract 11 All that tract or parcel of land lying and being in original Land Lot 1303 of the 19th District and 2nd Section of Cobb County, Georgia, more particularly described as follows: BEGINNING at a point on the southwest corner of property formerly owned by Vittur where the same touches the right-of-way of the Bankhead Highway, and running thence West along the North side of Bankhead Highway to property formerly owned by Tom Davis; thence north along his East line for a distance of 210 feet to a corner and point marked by a stake; thence East to the Vittur property line; thence South along the West line of Vittur property for a distance of 210 feet to beginning point on the North side of said Bankhead Highway; being the same property conveyed to Hubert E. Roberts by Warranty Deed from J. M. Parker and Bessie L. Parker dated February, 1942, recorded in Deed Book 146, page 109, of the Cobb County Records, the same being improved property. Tract 12 All that tract or parcel of land lying and being in Land Lot 1289, 19th District, 2nd Section, Cobb County, Georgia, being Lot 9, McDaniell Addition to Harris Heights as shown on plat recorded in Plat Book 6, Page 23, Cobb County records, and being more particularly described as follows:
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BEGINNING at an iron pin at the intersection of the westerly side of Harris Street and the northerly side of Sylvia Street; running thence westerly along the northerly side of Sylvia Street 208.85 feet to an iron pin; thence northerly 208.05 feet to an iron pin; thence easterly 208.75 feet to an iron pin on the westerly side of Harris Street; thence southerly along the westerly side of Harris Street 206.11 feet to an iron pin on the northerly side of Sylvia Street and the point of beginning. Tract 13 All that tract or parcel of land lying and being in Land Lots 1091 and 1092 of the 19th District, 2nd Section of Cobb County, Georgia, as shown on Plat of Survey made by B. H. Cox, Registered Surveyor, dated March 22, 1973 and being more particularly described as follows: BEGINNING at an iron pin located at the intersection formed by the southern side of East Thompson Street and the northeastern-most right-of-way of State Highway #6; running thence 89 degrees 30 minutes East along the southern right-of-way of East Thompson Street 295.65 feet to a fence corner; running thence due south 200 feet to an iron pin; running thence due west 203.3 feet to an iron pin located on the northeastern-most right-of-way of State Highway #6; running thence northwesterly along the northeastern side of State Highway #6 at an interior angle of 114 degrees 35 minutes with the last previous call 217.1 feet to an iron pin and the POINT OF BEGINNING. Tract 14 All that tract or parcel of land lying and being in Land Lot 28 29 of the 18th District of Austell, Cobb County, Georgia, and which is more particularly described as follows: Beginning at a point on the northwestern side of Maxham Road at the northeast corner of property now or formerly owned by J.E. Jones thence west along the north line of the Jones property thirteen hundred forty-eight (1348) feet
5297
to the Sweetwater Creek three hundred three (303) feet; thence east twelve hundred ninety four (1294) feet to Maxham Road thence southwesterly along the northwestern side of Maxham Road two hundred eight-seven (287) feet to the point of beginning, being improved property having theron a one-story frame residence as shown on blueprint of survey made by Harold L. Bush, surveyor. Tract 15 All that tract or parcel of land lying or being in land lot 1289 of the 19th district, 2d section of Cobb County, being more particularly described as follows: BEGINNING at an iron pin located on the south right of way of Mobley Street said pin being 104.5 feet west of the western right of way of Harris Street, thence S 02 degrees 45[prime] E 150.0 feet, thence S 89 degrees 12[prime] 50[Prime] W 159.0 feet, thence N 02 degrees 45[prime] W 150.0 feet, thence N 89 degrees 12[prime] 50[Prime] E 159.0 feet to 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 INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia, a bill to amend the charter of the city of Austell, (Ga. L. 1986, p. 852) as heretofore amended, and for other purposes. This 5th day of Jan., 1987. Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON
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SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam P. Hensley, 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 9, 1987. /s/ S. P. Hensley Representative, 20th District Sworn to and subscribed before me, this 20th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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CITY OF KENNESAW CORPORATE LIMITS. No. 463 (House Bill No. 932). AN ACT To amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, 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 creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, is amended by adding at the end of Section 1.02 the following: The corporate limits of the City of Kennesaw shall also include the following described parcels and tracts of land: All that tract or parcel of land lying and being in Land Lot 167 of the 20th District, 2nd Section, Cobb County, Georgia, as shown on a plat made by Thomas E. Williams Associates, and being more particularly described as follows: BEGINNING at an iron pin marking the intersection of Old Dixie Highway with the northwesterly right of way of a spur track of N. C. and St. Louis spur line; thence running north along Old Dixie Highway and following a 50 degree 20 minute interior angle for a distance of 180.9 feet to an iron pin located on Old Dixie Highway; thence running south 83 degrees 11 minutes east for a distance of 525 feet to an iron pin located on the west line of Land Lot 167; thence southerly 00 degrees 05 minutes west a distance of 48.5 feet to an iron pin located on the northeasterly side of said N.C. and St. Louis spur line; thence northwesterly and southwesterly for a distance of 587.4 feet to an iron pin located on Old Dixie Highway and point of beginning.
5300
All that tract or parcel of land lying and being in Land Lots 127 and 128 of the 20th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: Beginning at an iron pin on the easterly right of way of Giles Road (a 50-foot right of way) a distance of 475.94 feet northwesterly from the intersection of the northerly right of way of S.R. 293, (a 60-foot right of way) and the easterly right of way of Giles Road; running thence northwesterly and northeasterly along easterly right of way of Giles Road the following courses and distances; thence North 29 degrees 56 minutes 35 seconds West a distance of 67.15 feet; thence North 24 degrees 02 minutes 31 seconds West a distance of 27.44 feet; thence North 18 degrees 00 minutes 21 seconds West a distance of 114.55 feet; thence North 17 degrees 20 minutes 17 seconds West, a distance of 126.70 feet; thence North 16 degrees 03 minutes 30 seconds West, a distance of 112.58 feet; thence North 12 degrees 54 minutes 53 seconds West, a distance of 64.82 feet; thence North 03 degrees 19 minutes 52 seconds West, a distance of 55.47 feet; thence North 09 degrees 06 minutes 01 seconds East a distance of 23.50 feet; thence North 17 degrees 13 minutes 59 seconds East, a distance of 140.53 feet; thence North 17 degrees 45 minutes 05 seconds East a distance of 178.03 feet; thence North 12 degrees 37 minutes 09 seconds East a distance of 163.94 feet; thence North 10 degrees 42 minutes 34 seconds East, a distance of 189.96 feet; thence North 08 degrees 43 minutes 20 seconds East, a distance of 89.06 feet to an iron pin on the northerly land lot line of Land Lot 127; thence South 88 degrees 39 minutes 50 seconds East along said land lot line, a distance of 175.00 feet to an iron pin; thence continuing along said land lot line and the North land lot line of Land Lot 12 South 88 degrees 32 minutes 04 seconds East, a distance of 552.41 feet to an iron pin; thence South 01 degrees 22 minutes 35 seconds West, a distance of 1,458.92 feet to an iron pin; thence South 01 degrees 22 minutes 35 seconds West, a distance of 78.71 feet to an iron pin; thence running North 70 degrees 16 minutes 01 seconds West, a distance of 751.91 feet to the point of beginning. All as shown on a plat of survey for Simpson
5301
Properties, prepared by Dixon's Land Surveying, Inc., dated May 29, 1985. All that tract or parcel of land lying and being in Land Lot 165 of the 20th District and 2nd Section of Cobb County, Georgia, and more particularly described as follows: BEGINNING at a point on the north line of said Land Lot 165 421 feet east of the northwest corner thereof, and running thence southeasterly along a line forming an interior angle of 52 degrees with the north line of said Land Lot 165 784 feet; thence northeasterly along a line forming an interior angle of 90 degrees with the preceding course 230 feet; thence southeasterly along a line forming an interior angle of 79 degrees 30 minutes with the preceding course 711 feet; thence southwesterly along a line forming an exterior angle of 100 degrees 30 minutes with the preceding course 100 feet; thence southeasterly along a line forming an interior angle of 90 degrees with the preceding course 900 feet to the northwest side of Pine Mountain Road; thence northeasterly along the northwest side of Pine Mountain Road 441.5 feet; thence northwesterly along a line forming an interior angle of 101 degrees 32 minutes with the preceding course 253 feet; continuing thence northwesterly along a line forming an interior angle of 196 degrees 20 minutes with the preceding course 595 feet; thence northerly along a line forming an interior angle of 205 degrees 3 minutes with the preceding course 393 feet; thence northwesterly along a line forming an exterior angle of 238 degrees 38 minutes with the preceding course 248.5 feet; continuing northwesterly along a line forming an exterior angle of 190 degrees 55 minutes with the preceding course 535 feet to the center of a creek; thence northerly along the center of said creek, and following the meandering thereof, 90 feet, more or less, to the north line of said Land Lot 165; thence west along the north line of said Land Lot 606 feet to the point of beginning; being the same property shown on plat of property of Arthur D. Alexander by J. P. Phillips, Surveyor, dated July 29, 1964.
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LESS AND EXCEPT all that tract or parcel of land lying and being in Land Lot 165, 20th District, 2nd Section, Cobb County, Georgia, being 5.02 acres as per survey prepared for Scott Sasser, Jr., by Gaskins Hogan Surveying Co., dated August 25, 1978, and being more particularly described as follows: BEGINNING at an iron pin on the northwesterly side of Pine Mountain Road 3,404.2 feet northeasterly, as measured along the northwesterly side of Pine Mountain Road, from the intersection of the northwesterly side of Pine Mountain Road with the center-line of Ellis Road; run thence North 38 degrees 40 minutes 44 seconds West along the northeasterly line of property now or formerly owned by A. D. Alexander a distance of 398.12 feet to an iron pin, run thence South 64 degrees 42 minutes 12 seconds West along the southeasterly line of said Alexander property a distance of 190.00 feet to an iron pin; run thence North 24 degrees 38 minutes 42 seconds West along the northeasterly line of said Alexander property a distance of 540.56 feet to an iron pin; run thence north 01 degree 43 minutes 47 seconds east along the easterly line of said Alexander property a distance of 331.97 feet to an iron pin; run thence south 88 degrees 16 minutes 13 seconds east along the southerly line of said Alexander property a distance of 260.00 feet to an iron pin and property now or formerly owned by P. W. and S. H. Dick; run thence south 01 degree 43 minutes 47 seconds west along the westerly line of said Dick property a distance of 300.00 feet to an iron pin; run thence south 25 degrees 25 minutes 17 seconds east along the southwesterly line of said Dick property of 202.11 feet to an iron pin and property now or formerly owned by K. E. Hardy; run thence south 24 degrees 48 minutes 38 seconds east along the southwesterly line of said Hardy property a distance of 377.01 feet to an iron pin; run thence south 38 degrees 40 minutes 44 seconds east along the southwesterly line of said Hardy property a distance of 253.00 feet to an iron pin on the northwesterly side of Pine Mountain Road; run thence southwesterly along the northwesterly side of Pine Mountain Road a distance of 29.01 feet to an iron pin and the point of beginning; being improved property having a house located thereon known as 2475 Pine
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Mountain Road according to the present system of numbering houses in Cobb County, Georgia. All that tract or parcel of land lying and being in Cobb County, Georgia, in the 20th District and Second Section and in Land Lot No. 60 and containing eight acres, more or less, and located on the west side of Shiloh Cemetery and is more particularly described as follows: BEGINNING at the northwest corner of Shiloh Cemetery and running northeasterly along the southwest side of Shiloh Road to a point on the original land line; thence south along the original land line to the southwest corner of Land Lot No. 60; thence east along the original land line of Shiloh Cemetery property; thence north along the Shiloh Cemetery to point of beginning. This tract of land is the same tract known as Tract No. 2 in a deed from Roy D. Ayers to G. W. Chalker and recorded in Deed Book 215, Folio 84. ALL THAT TRACT or parcel of land lying and being in Land Lots 176 and 177, 20th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located at the common corner of Land Lots 176, 177, 204, and 205; thence running North 2 degrees 26 minutes 31 seconds West along the dividing line of Land Lots 176 and 177, a distance of 1,348.07 feet; thence North 27 degrees 49 minutes 06 seconds East, a distance of 333.71 feet; thence North 79 degrees 49 minutes 50 seconds West, a distance of 496.68 feet to an iron pin located on the Southeasterly side of Kennesaw-Due West Road; thence running Northeasterly along the Southeasterly side of Kennesaw-Due West Road, a distance of 49.21 feet to an iron pin; thence South 79 degrees 49 minutes 50 seconds East, a distance of 505.52 feet to the Southeasterly line of property now or formerly owned by Newton T. Williams, Jr.; thence North 29 degrees 12 minutes 02 seconds East along the Southeasterly line of said Williams property, a distance of 509.25 feet to the Southwesterly line of said Williams
5304
property; thence South 74 degrees 23 minutes 11 seconds East along the Southwesterly line of said William property, a distance of 361.94 feet to an iron pin located on the Northwesterly right-of-way line of the L N/SCL Railroad; thence running Southwesterly along the Northwesterly line of said Railroad right-of-way, a distance of 210.85 feet to a point; thence continuing along the Northwesterly right-of-way line of said railroad, South 15 degrees 04 minutes 19 seconds West, a distance of 42.83 feet to the Northeasterly line of said railroad right-of-way; thence North 74 degrees 55 minutes 45 seconds West along the Northeasterly line of said railroad right-of-way, a distance of 25 feet to a point located on the Northwesterly line of said railroad right-of-way thence South 16 degrees 09 minutes 00 seconds West along the Northwesterly line of said railroad right-of-way, a distance of 484.86 feet to a point located on the Southwesterly line of said railroad right-of-way; thence South 73 degrees 48 minutes 36 seconds East along the Southwesterly line of said railroad right-of-way a distance of 10 feet to a point located on the Northwesterly line of said railroad right-of-way; thence South 16 degrees 11 minutes 24 seconds West along the Northwesterly line of said railroad right-of-way, a distance of 314 feet to a point thence continuing along the Northwesterly line of said railroad right-of-way, South 21 degrees 54 minutes 02 seconds West, a distance of 100.50 feet to a point; thence continuing along the Northwesterly line of said railroad right-of-way, South 16 degrees 10 minutes 58 seconds West, a distance of 49.37 feet to a point; thence continuing Southwesterly along the Northwesterly line of said railroad right-of-way, a distance of 592.53 feet to a point; thence continuing along the Northwesterly line of said railroad right-of-way, South 25 degrees 14 minutes 46 seconds West, a distance of 275.68 feet to a point; thence continuing Southwesterly along the Northwesterly line of said railroad right-of-way, a distance of 84.51 feet to an iron pin located on the South line of the above mentioned Land Lot 176; thence running South 88 degrees 40 minutes 40 seconds West along the South line of said Land Lot 176, a distance of 23.67 feet to the common corner of Land Lots 176, 177, 204, and 205 and the point of BEGINNING, and containing 19.08 acres, more or less.
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All that tract or parcel of land lying and being in Land Lot 92 of the 20th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin found on the southeastern right-of-way of Shiloh Road (a 60 foot right-of-way), 174.9 feet southwesterly from the intersection of the southeastern right-of-way of Shiloh Road with the southwestern right of way of Bozeman Lake Road, as measured along said southeastern right-of-way of Shiloh Road, running thence south 67 degrees 31 minutes east, 153.7 feet to an `x' on a manhole; running thence south 09 degrees 34 minutes west, 230.1 feet to an iron pin found; running thence north 42 degrees 23 minutes west, 233.0 feet to an iron pin found on the southeastern right-of-way of Shiloh Road; running thence along the southeastern right-of-way of Shiloh Road north 25 degrees 01 minutes east, 125.0 feet to the iron pin found at the point of beginning; being Lot 1, Block C of Pinetree Country Club Estates, formerly known as Recreation Center of the Cobb County Recreation Authority, Subdivision, as per plats recorded in Plat Book 21, pages 146 and 147, Cobb County Records; being improved property known as 3692 Shiloh Road according to the present system of numbering in Cobb County, Georgia. All that tract or parcel of land lying and being in Land Lots 175 and 176, 20th District, 2nd Section, Cobb County, Georgia, as shown on plat of survey by S. J. Goetin Company, Inc., dated January 31, 1973, a copy of which is recorded in Plat Book 57, Page 149, Cobb County Records, and being more particularly described as follows: BEGINNING at an iron pin on the north original land lot line of Land Lot 176, 331 feet east of the intersection of said north original land lot line with the southeasterly right of way of McCollum Parkway; thence south 88 degrees 26 minutes 30 seconds east 232 feet to an iron pin at the southwesterly right of way of Georgia Highway 293; thence south 46 degrees 24 minutes east 109.2 feet along the southwesterly right of way of Georgia
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Highway 293 to an iron pin; thence south 46 degrees 21 minutes east along the southwesterly right of way of Georgia Highway 293; 63.7 feet to an iron pin; thence south 45 degrees 11 minutes 30 seconds east along the southwesterly right of way of Georgia Highway 293, 47.1 feet to an iron pin; thence south 68 degrees 17 minutes and 30 seconds west 302 feet to an iron pin; thence north 22 degrees 07 minutes west 292 feet to an iron pin at the north original land lot line of Land Lot 176 and the point of beginning. All that tract or parcel of land lying and being in Land Lot 167 of the 20th District, 2nd Section of Cobb County, Georgia as shown by plat of survey by A. O. Carlile, Surveyor dated February 20, 1986, recorded in Plat Book 106, page 64 of the Cobb County Records. Said plat being incorporated herein by reference and said property being shown as 7.222 acres of land according to said plat of survey and being more particularly described as follows: Commencing at an iron pin located at the intersection of the easterly right of way of U. S. Highway 41 with the northerly right-of-way of Western Atlantic Railroad (66 foot right-of-way); thence north 43 degrees 26 minutes west a distance of 735.74 feet to an iron pin; thence north 29 degrees 21 minutes east a distance of 253.6 feet to an iron pin; thence north 61 degrees 12 minutes west a distance of 225.00 feet to an iron pin located on the southeasterly right-of-way of Kennesaw - Due West Road (50 foot right-of-way); thence north 26 degrees 25 minutes east a distance of 40.0 feet to an iron pin; thence south 60 degrees 58 minutes east a distance of 1005.39 feet to an iron pin located on the northerly right-of-way of the Western Atlantic Railroad; thence south 33 degrees 40 minutes west a distance of 110.58 feet to an iron pin; thence south 37 degrees 26 minutes west a distance of 100 feet to an iron pin; thence south 38 degrees 48 minutes west a distance of 100 feet to an iron pin; thence south 39 degrees 25 minutes west a distance of 210.12 feet to an iron pin located at the point of beginning. ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 168 and 169 of the 20th District,
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Second Section, of Cobb County, Georgia, and being more particularly described as follows: To locate the TRUE POINT OF BEGINNING, commence at the intersection of the northwesterly right-of-way line of McCollum Parkway (being a 160-foot right-of-way) with the easterly Land Lot line of Land Lot 168; thence running north 66 degrees 47 minutes 28 seconds east 54.6 feet to an iron pin found on the northwesterly right-of-way Line of McCollum Parkway and being the TRUE POINT OF BEGINNING; thence running north 0 degrees 23 minutes east 327.59 feet to an iron pin found; thence running north 86 degrees 56 minutes west 519.9 feet to an iron pin found; thence running south 0 degrees 22 minutes 27 seconds west 576.70 feet to an iron pin found on the northwesterly right-of-way line of McCollum Parkway; thence running north 66 degrees 47 minutes 28 seconds east 566.59 feet along the northwesterly right-of-way line of McCollum Parkway to an iron pin found and being the TRUE POINT OF BEGINNING; containing 5.378 acres, and being described according to that certain plat of survey dated September 29, 1983, prepared for McCollum Parkway Partners by West Georgia Engineers Surveyors, Inc., Marietta, Georgia. LESS AND EXCEPT that portion of the above described property lying and being within the bounds of that certain property conveyed by Helen C. Duncan to Vulcan Materials Company, a New Jersey Corporation, for the purpose of a right-of-way for the construction, maintenance, and operation of a railroad spur line from the LN Railroad, under that certain Warranty Deed dated January 29, 1968, recorded in Deed Book 1020, Page 49, Cobb County, Georgia, Records; said railroad right-of-way being more particularly delineated on that certain plat of survey dated December 12, 1978, prepared for Bahco Systems, Inc., by Joseph C. King (Georgia Registered Land Surveyor), recorded in Plat Book 72, Page 107, Cobb County, Georgia, Records. All that tract or parcel of land lying and being in Land Lot 136, 20th District, Cobb County, Georgia, containing
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approximately 1.9 acres and being more particularly described as follows: BEGINNING at a point where the north side of Land Lot 169 and the south side of Land Lot 136 intersect the north side of the right of way of McCollum Parkway, and running north 89 degrees 16 minutes 21 seconds west along the north side of Land Lot 169 and south side of Land Lot 136 a distance of 116.58 feet to an iron pin; thence north 00 degrees 53 minutes 21 seconds west a distance of 489.3 feet to an iron pin on the southerly right of way of Big Shanty Road; thence north 59 degrees 18 minutes 39 seconds east along the southerly right of way of Big Shanty Road a distance of 34.57 feet to an iron pin; thence south 00 degrees 53 minutes 21 seconds east a distance of 57.5 feet to an iron pin; thence south 41 degrees 15 minutes 29 seconds east a distance of 464.44 feet to an iron pin on the northerly right of way of McCollum Parkway; thence south 64 degrees 26 minutes 39 seconds west along the northerly right of way of McCollum Parkway a distance of 235.8 feet to an iron pin and point of beginning. All that tract or parcel of land lying and being in Land Lot 169 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located on the northerly side of the 120 foot right of way of McCollum Parkway, 682.48 feet easterly from the intersection of the west boundary line of Land Lot 169 and the 120 foot right of way of McCollum Parkway; running thence north 00 degrees, 53 minutes, 24 seconds west for a distance of 56.83 feet to an oak tree; running thence south 88 degrees 54 minutes 02 seconds east for a distance of 116.58 feet along the north boundary line of Land Lot 169 to a point located on the 120 foot right of way of McCollum Parkway; running thence south 64 degrees 23 minutes 38 seconds west for a distance of 128.29 feet along said 120 foot right of way of McCollum Parkway to the point of beginning. Said tract contains.076 acres. All that tract or parcel of land lying and being in Land Lot No. 206 of the 20th District, 2nd Section of
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Cobb County, Georgia, as shown on plat of survey by Clifton E. Phillips, Surveyor, dated March 24, 1981, as recorded in Plat Book 78, Page 163, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at an iron pin marking the point where the north right of way of Stanley Road intersects the west right of way of Old Highway No. 41 and measure 444.6 feet along said Old Highway No. 41 to an iron pin and the point of beginning; continuing thence along said west right of way north 3 degrees 04 minutes west 110 feet to a point; continuing thence along said right of way north 5 degrees 37 minutes west 100.0 feet to an iron pin and corner; running thence south 64 degrees 00 minutes west 226.0 feet to an iron pin and corner; running thence south 4 degrees 20 minutes east 210.0 feet to an iron pin and corner; and running thence north 64 degrees 00 minutes east 226.0 feet to the west side of Old Highway No. 41 and the point of beginning, being 1.0 acres. All that tract or parcel of land lying and being in Land Lot 206 of the 20th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin at the intersection of the center line of a creek and the south line of Land Lot 206, said point being 150.59 feet east from the south-west corner of Land Lot 206; thence northeasterly along the center line of said creek and following the meandering thereof, 3,068.8 feet, more or less, to an iron pin; said distance having a chord distance of north 49 degrees 22 minutes 09 seconds east a distance of 2,583.15 feet to a point; thence south 16 degrees 54 minutes 51 seconds east along the property line of Clark 170 feet to a point at the corner of the property of Frank Brown; thence 250 feet westerly to a point; thence southerly 662 feet to a point; thence southeasterly 250 feet to a point at the northwest corner of the property of Herbert Wilbur, Jr.; thence southerly along the property of Wilbur and Cook 597 feet to a point; thence easterly along the property of Joan Cook 226.23 feet to a point at the westerly
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right of way of Old 41 Highway; thence southerly along the westerly right of way of Old 41 Highway 234.59 feet to a point; thence westerly along the property of Doris Popham 420.28 feet to a point; thence southerly along the property of Doris Popham 210.54 feet to a point on the line of Land Lot 206; thence north 89 degrees 01 minutes 50 seconds west along the south line of Land Lot 206, 2,095.79 feet to the point of beginning. All that tract or parcel of land lying and being in Land Lot 206 of the 20th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point at the northwest corner of the property of James H. Wilbur, Jr., said point being 993 feet, more or less, northerly from the southeast corner of Land Lot 206; thence westerly 250 feet to a point; thence northerly 662 feet, more or less, to a point; thence easterly 250 feet to a point at the northwest corner of the property of Frank Brown; thence southerly 317 feet to a point; thence southeasterly 242.91 feet to a point at the westerly right of way of Old 41 Highway; thence south along the westerly right of way of Old 41 Highway 273.59 feet to an iron pin; thence westerly along the property line of James H. Wilbur, Jr. 266.66 feet to the point of beginning. All that tract of parcel of land lying and being in Land Lot 126 of the 20th District, 2nd Section, Cobb County, Georgia, being 8.131 acres, as per plat made for Thomas S. Cassidy, by R. Dan Lord, Surveyor, dated December 24, 1962, recorded in Plat Book 25, Page 119, Cobb County Records, and more particularly described as follows: BEGINNING at a point on the north side of Rutledge Road 335 feet easterly as measured along the northerly side of Rutledge Road from the northeast right of way of U. S. Highway #41, as said junction is now located, said beginning point formerly being described as 433 feet before this junction was moved to the east by changing Rutledge Road; running thence easterly along the north
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side of Rutledge Road 533.8 feet to an iron pin; thence northerly 435.2 feet to an iron pin; thence northeasterly 287.3 feet to an iron pin; thence westerly 604.2 feet to an iron pin; thence southerly 677.9 feet to an iron pin on the north side of Rutledge Road and the point of beginning. All that tract or parcel of land lying and being in Land Lot 98 of the 20th District, 2nd Section Cobb County, Georgia and being more particularly described as follows: Beginning at a point at the intersection of the north right of way line of Chalker Road and the west land lot line of Land Lot 98: thence southeasterly 560 feet along the right of way to a point, THE TRUE POINT OF BEGINNING: Thence southeasterly 155.0 feet along said right of way to a point; thence northerly 300.0 feet to a point; thence northwesterly 131.9 feet to a point; thence southerly 273.0 feet to a point, the TRUE POINT OF BEGINNING. Said tract containing.8 acres, more or less. All that tract or parcel of land lying and being in Land Lot 100 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of the east side of the right of way of Moon Station Road (60 feet right of way) with the north line of Land Lot 100; running thence north 89 degrees 00 minutes east along the north line of Land Lot 100 a distance of 1,022.20 feet to the northwesterly side of the North Carolina and St. Louis Railroad right of way (100 foot right of way); running thence south 34 degrees 13 minutes west along the northwesterly side of said railroad right of way a distance of 539.3 feet; running thence in a southerly direction along the curvature of the westerly side of said railroad right of way (using a 1150 foot radius) a distance of 757.7 feet; running thence south 3 degrees 32 minutes east along said railroad right of way a distance of 469.2 feet; running thence in a southeasterly direction along the curvature of the southwesterly side of said railroad right of way (using a 1,250 foot radius) a distance of 606.9 feet; running thence south
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31 degrees 21 minutes east along the southwesterly side of said railroad right of way a distance of 329.7 feet; running thence south 29 degrees 49 minutes east along the southwesterly side of said railroad right of way a distance of 156.6 feet; running thence south 89 degrees 41 minutes west a distance of 982 feet to the easterly side of the right of way of Moon Station Road; running thence north 5 degrees 49 minutes west along the easterly side of Moon Station Road a distance of 157.2 feet; running thence in a northerly direction along the easterly side of the curvature of the right of way of Moon Station Road (using a 1,400 foot radius) a distance of 219.9 feet; running thence north 3 degrees 11 minutes east along the easterly side of the right of way of Moon Station Road a distance of 288.9 feet; running thence north 0 degrees 10 minutes east along the east side of the right of way of Moon Station Road a distance of 1,942.7 feet to the north line of Land Lot 100 at the point of beginning, and being a tract of land containing 40.716 acres, designated as Parcel `O' of property of Wade Green Road Interchange Properties. All that tract or parcel of land lying and being in Land Lot 91 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the southeast corner of Land Lot 91, which is also the common corner of Land Lots 91, 92, 99 and 100; running thence north 89 degrees 53 minutes west along the south line of Land Lot 91 a distance of 1419.9 feet to the southeasterly side of the right of way of North Carolina St. Louis Railroad (100 foot right of way); running thence north 34 degrees 13 minutes east along the southeasterly side of said railroad right of way a distance of 312.2 feet; running thence north 28 degrees 53 minutes east along the southeasterly side of said railroad right of way a distance of 311 feet; running thence north 13 degrees 19 minutes east along the southeasterly side of said railroad right of way a distance of 315.5 feet; running thence north 0 degrees 33 minutes west along the easterly side of said railroad right of way a distance of 207.3 feet; running thence north 13 degrees 18 minutes west along the northeasterly side of said railroad
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right of way a distance of 278.7 feet; running thence north 22 degrees 57 minutes west along the northeasterly side of said railroad right of way a distance of 129.3 feet; running thence north 27 degrees 20 minutes west along the northeasterly side of said railroad right of way a distance of 100 feet; running thence north 33 degrees 20 minutes west along the northeasterly side of said railroad right of way a distance of 200 feet; running thence north 40 degrees 55 minutes west along the northeasterly side of said railroad right of way a distance of 200 feet; running thence north 43 degrees 35 minutes west along the northeasterly side of said railroad right of way a distance of 200 feet; running thence north 41 degrees 05 minutes west along the northeasterly side of said railroad right of way a distance of 200 feet; running thence north 33 degrees 15 minutes west along the northeasterly side of said railroad right of way a distance of 150 feet; running thence north 23 degrees 50 minutes west along the northeasterly side of said railroad right of way a distance of 200 feet; running thence north 13 degrees 45 minutes west along the easterly side of said railroad right of way a distance of 200 feet to the north line of Land Lot 91; running thence south 89 degrees 51 minutes east along the north line of Land Lot 91 a distance of 975 feet to the southwesterly side of the right of way of Baker Road; running thence south 84 degrees 14 minutes east along the southerly side of the right of way of Baker Road a distance of 231.3 feet; running thence south 88 degrees 10 minutes east along the south side of the right of way of Baker Road a distance of 325 feet; running thence north 88 degrees 55 minutes east along the south side of the right of way of Baker Road a distance of 130 feet to the northwest corner of a.41 acre out tract, which point is located 305 feet west from the east line of Land Lot 91, as measured along the south side of the right of way of Baker Road; running thence south along the west line of said.41 acre out tract a distance of 175 feet; running thence east along the south side of said out tract a distance of 105 feet; running thence north along the east line of said out tract a distance of 179.67 feet to the south side of the right of way of Baker Road; running thence north 88 degrees 55 minutes east along the south side of the right of way of Baker Road a distance of 60
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feet to the west line of a.63 acre out tract, which point is located 150 feet west from the east line of Land Lot 91, as measured along the south side of the right of way of Baker Road; running thence south along the west line of said.63 acre out tract a distance of 182.6 feet; running thence east along the south line of said.63 acre out tract a distance of 145 feet to the east line of Land Lot 91; running thence south 0 degrees 47 minutes west along the east line of Land Lot 91 a distance of 1,300 feet; running thence south 1 degree 58 minutes west along the east line of Land Lot 91 a distance of 1,321.5 feet to the southeast corner of Land Lot 91 at the point of beginning, and being designated as Parcels `M' and `L' of property of Wade Green Road Interchange Properties and containing a total of 81.34 acres. All that tract or parcel of land lying and being in Land Lot 91 of the 20th District, 2nd Section, Cobb County, Georgia, containing 44.4 acres according to Survey by Charles C. Franklin, Surveyor, recorded in Plat Book 74, Page 143, Cobb County Records, and being more particularly described as follows: BEGINNING at an iron pin at the intersection of the east side of Moon Station Road and the north line of Land Lot 91, said District and Section, and running thence south 88 degrees 0 minutes 15 seconds east along said land lot line 569.62 feet to an iron pin and corner on the west side of the N.C. St. Louis Railroad 100-foot right of way; and running thence along said railroad right of way the following courses and distances: South 10 degrees 38 minutes 11 seconds east 207.88 feet, thence south 19 degrees 38 minutes 14 seconds east 207.87 feet, thence south 30 degrees 01 minutes 17 seconds east 207.77 feet, thence south 38 degrees 30 minutes 54 seconds east 205.30 feet, thence south 40 degrees 44 minutes 12 seconds east 198.37 feet, thence south 38 degrees 06 minutes 18 seconds east 194.12 feet, thence south 30 degrees 29 minutes 36 seconds east 192.98 feet, thence south 21 degrees 59 minutes 59 seconds east 188.14 feet, thence south 14 degrees 38 minutes 43 seconds east 125.08 feet to an iron pin and corner in the center line of Chalker Bridge Creek; and running thence in a general
5315
westerly direction along and following the center line of Chalker Bridge Creek 1850 feet, more or less, to its point of intersection with the east side of Moon Station Road at an iron pin and corner, which said iron pin and corner is located south 80 degrees 24 minutes 01 seconds west 1451.90 feet from the last-mentioned iron pin and corner; and running thence along the west side of the 60-foot right of way of Moon Station Road the following courses and distances: North 01 degree 44 minutes 52 seconds east 252.88 feet, thence north 01 degree 13 minutes 02 seconds east 264.63 feet, thence north 02 degrees 00 minutes 29 seconds east 383.13 feet, thence north 02 degrees 14 minutes 05 seconds east 395.01 feet, thence north 03 degrees 30 minutes 00 seconds east 246.26 feet, thence north 03 degrees 57 minutes 44 seconds east 227.20 feet to the iron pin at the point of beginning. All that tract or parcel of land lying and being in Land Lot 62 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin located at the intersection of the southwesterly side of the right of way of Baker Road with the south line of Land Lot 62; running thence north 89 degrees 03 minutes 30 seconds west along the south line of Land Lot 62 a distance of 871.51 feet to the easterly side of the North Carolina St. Louis Railroad right of way (100-foot right of way); running thence north 8 degrees 04 minutes west along the easterly side of said railroad right of way a distance of 396.06 feet; running thence north 9 degrees 29 minutes west along the easterly side of said railroad right of way a distance of 91.19 feet; running thence north 12 degrees 03 minutes west along the easterly side of said railroad right of way a distance of 94.63 feet; running thence north 16 degrees 08 minutes west along the northeasterly side of said railroad right of way a distance of 103.39 feet; running thence north 21 degrees 49 minutes west along the northeasterly side of said railroad right of way a distance of 104.72 feet; running thence north 27 degrees 31 minutes west along the northeasterly side of said railroad right of way a distance of 106.40 feet; running thence north 31 degrees
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30 minutes west along said railroad right of way a distance of 101.06 feet; running thence north 35 degrees 53 minutes 30 seconds west along the northeasterly side of said railroad right of way a distance of 157.74 feet to an iron pin on the southwesterly side of the right of way of Baker Road (60-foot right of way); running thence south 55 degrees 56 minutes 30 seconds east along the southwesterly side of the right of way of Baker Road a distance of 108.97 feet; running thence south 51 degrees 40 minutes east along the southwesterly side of the right of way of Baker Road a distance of 86.83 feet; running thence south 65 degrees 28 minutes 30 seconds east along the southwesterly side of the right of way of Baker Road a distance of 257.01 feet; running thence south 56 degrees 10 minutes east along the southwesterly side of the right of way of Baker Road a distance of 92.20 feet; running thence south 44 degrees 38 minutes east along the southwesterly side of the right of way of Baker Road a distance of 91.88 feet; running thence south 41 degrees 10 minutes east along the southwesterly side of the right of way of Baker Road a distance of 97.87 feet; running thence south 40 degrees 16 minutes east along the southwesterly side of the right of way of Baker Road a distance of 124.66 feet; running thence south 38 degrees 27 minutes east along the southwesterly side of the right of way of Baker Road a distance of 124.25 feet; running thence south 36 degrees 02 minutes 30 seconds east along the southwesterly side of the right of way of Baker Road a distance of 200.14 feet; running thence south 38 degrees 56 minutes east along the southwesterly side of the right of way of Baker Road a distance of 131.78 feet; running thence south 42 degrees 50 minutes 30 seconds east along the southwesterly side of the right of way of Baker Road a distance of 140.47 feet; running thence south 46 degrees 26 minutes east along the southwesterly side of the right of way of Baker Road a distance of 64.29 feet; running thence south 52 degrees 04 minutes east along the southwesterly side of the right of way of Baker Road a distance of 61.98 feet; running thence south 21 degrees 28 minutes west along the southwesterly side of the right of way of Baker Road a distance of 86.24 feet to an iron pin on the south line of Land Lot 62 at the point of beginning and being a tract of land containing 10.67 acres as per
5317
plat of survey for Harold S. Willingham made by Johnny R. Knight, Registered Land Surveyor, dated April 13, 1981. All that tract or parcel of land lying and being in Land Lots Nos. 128 and 129 of the 20th District and 2nd Section of Cobb County, Georgia, being ten acres in the Kennesaw District, bounded on the west by lands now or formerly owned by Jno. Orr; on the north by lands now or formerly owned by Ed Gault and Jim Skelton; on the east by land now or formerly owned by Geo. Skelton more particularly described as commencing at a certain corner at Orr's line and running south 825 feet; thence running east 524 feet to the J. M. Kilgore corner; thence running north 798 feet to Skelton's line; thence west 503 feet to starting point. All that tract or parcel of land lying and being in Land Lots 166, 167, 176 and 177 of the 20th District, 2nd Section, Cobb County, Georgia, shown on plat of survey by Clifton E. Phillips dated October 4, 1975, a copy of which is recorded in Plat Book 64, Page 130, Cobb County records, being more particularly described as follows: BEGINNING at an iron pin at the common corner between Land Lots 166, 167, 176 and 177 said corner being the southwest corner of Land Lot 167; and running thence east along the south land lot line of Land Lot 167, 583.8 feet to an iron pin; thence northeasterly at an interior angle of 79 degrees with the south land lot line of Land Lot 167, 101 feet to an iron pin; thence northeasterly at an interior angle of 166 degrees 25 minutes with the course last above mentioned 185 feet to an iron pin; thence northeasterly at an interior angle of 172 degrees 50 minutes with the course last above mentioned 144 feet to an iron pin; thence southeasterly at an interior angle of 86 degrees 32 minutes with the course last above mentioned 331 feet to an iron pin at the northwesterly right of way of the WA Railroad; thence southwesterly along the northwesterly right of way of the WA Railroad and following the curvature thereof 540 feet to an iron pin; thence southwesterly 1,074.2 feet
5318
to an iron pin at the easterly right of way of Due West-Kennesaw Road; thence northerly and northeasterly along the easterly and southeasterly right of way of Due West-Kennesaw Road and following the curvature thereof 749.6 feet to an iron pin at the intersection of the southeasterly right of way of Due West-Kennesaw Road and the east original land lot line of Land Lot 166; thence south along said east original land lot line 200.6 feet to an iron pin and the point of beginning. All that tract or parcel of land lying and being in Cobb County, Georgia, and in the 20th District and 2nd Section and in Land Lot No. 98 and being a tract of land on the northeast side of Chalker Road and containing one-half acre, more or less, and is more particularly described as follows: BEGINNING at an iron pin on the northeast side of Chalker Road and at the southeast corner of the Ben Chance lot and also 700 feet as measured along the northeast side of Chalker Road, southeast of the northwest corner of Land Lot 98 this northwest corner of Land Lot 98 is marked with an iron stake that stands 2 1/2 feet above the ground, and running north along the land of Ben Chance 300 feet to an iron pin; thence southeasterly along the land of L. C. Chalker 134 feet to an iron pin and brick standing at a pine tree; thence south along the land of L. C. Chalker 250 feet to an iron pin on the northeast side of the Chalker Road; thence northwesterly along the northeast side of Chalker Road 100 feet to a point of beginning. All that tract or parcel of land lying and being in Land Lot 177 of the 20th District, 2nd Section, Cobb County, Georgia, being 12.14 acres as shown on a plat of survey made of Evan Schultz and Garry Prewett by John C. Gaskins, R.L.S., dated November 27, 1982 and recorded in Plat Book 81, Page 117, Cobb County Records, and being more particularly described as follows: BEGINNING at the common intersection of Land Lots 177, 178, 203 and 204 of said District and Section; run thence north 0 degrees 48 minutes 04 seconds east, and
5319
along the west land lot line of Land Lot 177, said district and section. 500.69 feet to an iron reinforcing bar, said point also being located at the intersection of the southernmost right of way of Stone Wood Drive (a 50 foot right of way) and the west land lot line of Land Lot 177; from said point run thence south 87 degrees 39 minutes 32 seconds east, 1172.45 feet to an iron reinforcing bar; run thence south 24 degrees 55 minutes 48 seconds west, 361.52 feet to a tee bar; run thence south 01 degree 24 minutes 10 seconds west, 150.00 feet to a tee bar located on the south land lot line of Land Lot 177; running thence north 88 degrees 35 minutes 50 seconds west, 1022.72 feet to an iron reinforcing bar and the point of beginning. All that tract or parcel of land lying and being in Land Lot 127 of the 20th District, 2nd Section, Cobb County, Georgia, and being a portion of the right of way of Georgia Highway No. 293 (also known as North Main Street, Old Highway 41, and Dixie Highway) and being more particularly described as follows: BEGINNING at a point formed by the intersection of the westerly right of way line of Giles Road and the northerly right of way line of Georgia Highway No. 293, running thence due south across the right of way of Georgia Highway No. 293 to a point on the southerly right of way line of said highway which point is due south of the above referenced point of intersection; running thence northwesterly along the southwesterly right of way line of Georgia Highway No. 293 to a point formed by the intersection of the southwesterly right of way line of said highway and the northwesterly right of way line of Rutledge Road; running thence due north across the right of way of Georgia Highway No. 293 to a point on the northeasterly right of way line of said highway which point is due north of the last above referenced intersection; running thence southeasterly along the northeasterly right of way line of said Georgia Highway No. 293 to a point formed by the intersection of the northeasterly right of way line of said highway and the westerly right of way line of said Giles Road, said point being the point of beginning.
5320
All that tract or parcel of land lying and being in Land Lots 178, 179, 202 and 203 of the 20th District, 2nd Section, Cobb County, Georgia, and being a portion of the right of way of Pine Mountain Road and Shillings Road, and being more particularly described as follows: BEGINNING at a point formed by the intersection of the southeasterly right of way line of Pine Mountain Road and the existing municipal limits of the City of Kennesaw, running thence southwesterly along the southeasterly right of way line of said Pine Mountain Road to a point formed by the intersection of the southeasterly right of way line of Pine Mountain Road and the easterly right of way line of Shillings Road; running thence southeasterly along the easterly right of way line of Shillings Road to a point which is due east of the point formed by the intersection of the southwesterly right of way line of Shillings Road and the southerly right of way line of Country Lane; running thence due west and crossing the right of way of Shillings Road to a point formed by the intersection of the southwesterly right of way line of Shillings Road and the westerly right of way line of Country Lane; running thence northwesterly along the westerly right of way line of Shillings Road to a point formed by the intersection of the westerly right of way line of Shillings Road and the southeasterly right of way line of Pine Mountain Road; running thence due west and crossing the right of way of Pine Mountain Road to a point on the northwesterly right of way line of Pine Mountain Road, which point is due west of the point of intersection last above mentioned; running thence northeasterly along the northwesterly right of way line of Pine Mountain Road to a point formed by the intersection of the northwesterly right of way line of Pine Mountain Road and the existing municipal limits of the City of Kennesaw; running thence easterly along the southerly line of the municipal limits of the City of Kennesaw and crossing the right of way of Pine Mountain Road to a point formed by the intersection of the southeasterly right of way line of Pine Mountain Road and the existing municipal limits of the City of Kennesaw, which point is the point of beginning. All that tract or parcel of land lying and being in Land Lot 169 of the 20th District, 2nd Section, Cobb
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County, Georgia, being more particularly described as follows: BEGINNING at an iron pin found located 54.5 feet northeasterly of the intersection of the northwesterly right of way of McCollum Parkway (having a 120 foot right of way) and the west land lot line of Land Lot 169 as measured along the northwest right of way of McCollum Parkway; thence running north 64 degrees 23 minutes 38 seconds east along said right of way a distance of 627.98 feet to the property of Day; running thence north 00 degrees, 53 minutes, 24 seconds west along said Day property 56.83 feet to the north land lot line of Land Lot 169; running thence north 88 degrees 54 minutes 02 seconds west along said land lot line 194.86 feet to a point; running thence south 89 degrees 00 minutes 44 seconds west a distance of 382.03 feet to a point; running thence south 02 degrees 00 minutes 00 seconds east a distance of 325.56 feet to the northwest right of way of McCollum Parkway and being the point of beginning. All that tract or parcel of land lying and being in Land Lot 141 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin at the intersection of the southerly right of way line of Rutledge Road (40 foot right of way) and the northerly right of way line of U. S. Highway 41 (200 foot right of way); go thence along the northerly right of way of U. S. Highway 41 on an arc with a chord bearing of south 70 degrees 15 minutes 14 seconds east, a distance of 806.72 feet (chord distance 805.84 feet) to an iron pin; go thence north 12 degrees 35 minutes 55 seconds west a distance of 316.54 feet to an iron pin on the southerly right of way of Rutledge Road; go thence south 88 degrees 34 minutes 07 seconds west along said right of way a distance of 192.59 feet to an iron pin; go thence south 87 degrees 44 minutes 39 seconds west along said right of way a distance of 428.29 feet to an iron pin; go thence along said right of way on an arc with a chord bearing of south 77 degrees 43 minutes 44 seconds west a distance of 71.02 feet (a chord distance of 70.54 feet) to the point of beginning. Said tract contains 2.38 acres.
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All that tract or parcel of land lying and being in Land Lot 126 of the 20th District and 2nd Section of Cobb County, Georgia, and being 10.035 acres as shown on survey for Blue Ribbon Investors, Inc. prepared by Mayes, Sudderth and Etheredge, Inc. dated August 10, 1971 a copy of which is recorded in Plat Book 54, Page 99, Cobb County Records, and being more particularly described as follows: BEGINNING at an iron pin located at the intersection formed by the northeasterly right of way of Four Lane Highway - U. S. 41 (being a 200 foot right of way) and the northwesterly right of way of Rutledge Road (being a 60 foot right of way); thence running north 77 degrees 27 minutes 06 seconds west, along the northeasterly right of way of Four Lane Highway - U. S. 41, for a distance of 240 feet to an iron pin; thence running north 00 degrees 06 minutes 32 seconds east for a distance of 612 feet to an iron pin; thence running north 87 degrees 25 minutes 35 seconds east, for a distance of 658.4 feet to an iron pin; thence running south 00 degrees 38 minutes 01 seconds east, for a distance of 664.2 feet to an iron pin located on the northwesterly right of way of said Rutledge Road; thence running south 86 degrees 04 minutes 56 seconds west, along the northwesterly right of way of said Rutledge Road, for a distance of 433 feet to the iron pin at the point of beginning. All that tract or parcel of land lying and being in Land Lot 141 of the 20th District, 2nd Section of Cobb County, Georgia, being a tract of land consisting of 2 acres as per survey for W. L. English, by B. H. Cox, Land Surveyor, dated November 11, 1966 and recorded in Plat Book....., Page....., in the Office of the Clerk of the Superior Court of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin located on the northeastern side of U. S. Highway No. 41, having a right of way of 200 feet in width, a distance of 335 feet southeasterly from the intersection formed by the northeastern side of U. S. Highway No. 41 and the southerly side of Rutledge Road, having a right of way of 40 feet in width
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and from said point of beginning run thence north 0 degrees 43 minutes west a distance of 116 feet to an iron pin located on the southerly side of Rutledge Road; thence run north 89 degrees 23 minutes east, along the southerly side of Rutledge Road, a distance of 407.3 feet to an iron pin; thence run south 11 degrees 49 minutes east, a distance of 314.1 feet to an iron pin located on the northeastern side of U. S. Highway No. 41; thence run in a northwestern direction along the northeastern side of U. S. Highway No. 41, a distance of 506 feet to the iron pin at the point of beginning. All that tract or parcel of land lying and being in Land Lot 203 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located on the east side of Shillings Road, 493.3 feet south of the intersection of the north line of Land Lot 203; thence running south 86 degrees, 00 minutes, 14 seconds east for a distance of 419.95 feet to an iron pin; thence running north 04 degrees, 31 minutes, 44 seconds east for a distance of 210.03 feet to an iron pin; running thence north 00 degrees, 04 minutes, 09 seconds west for a distance of 209.98 feet to an iron pin; running thence south 88 degrees, 45 minutes, 09 degrees east for a distance of 229.81 feet to an iron pin; running thence north 00 degrees, 16 minutes, 52 seconds east for a distance of 84.04 feet to an iron pin; running thence south 87 degrees, 55 minutes, 41 seconds east for a distance of 670.32 feet to an iron pin; running thence south 02 degrees, 03 minutes, 38 seconds west for a distance of 1,316.46 feet to an iron pin; running thence north 88 degrees, 04 minutes, 01 second west for a distance of 926.48 feet to an iron pin; running thence north 02 degrees, 22 minutes, 51 seconds east for a distance of 209.34 feet to an iron pin; running thence north 87 degrees, 29 minutes, 38 seconds west for a distance of 400 feet to an iron pin on the east side of Schillings Road; running thence north 02 degrees, 42 minutes, 01 second east along the east side of said road for a distance of 613.50 feet to an iron pin, which is the point of beginning, said tract containing 32.72 acres, more or less. Said
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tract is shown by plat of same prepared by Thomas M. Ginn, Sr., a registered land surveyor in Georgia, dated December 17, 1985. 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 1987 session of the General Assembly of Georgia, a bill to amend the charter of the City of Kennesaw, (Ga. L. 1950, p. 2506), as amended to create a new charter (Ga. L. 1971, p. 3620) as heretofore amended, and for other purposes. This 5th day of Jan., 1987. Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam P. Hensley, 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
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Journal which is the official organ of Cobb County, on the following date: January 9, 1987. /s/ Sam P. Hensley Representative, 20th District Sworn to and subscribed before me, this 12th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. BARTOW COUNTY SCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 464 (House Bill No. 850). 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,
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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; to repeal a specific law; 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. As used in this section, the term `homestead' means a residence and a maximum of two acres of property surrounding such residence. 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,
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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, 1987. Section 2. If this Act is approved in the referendum provided for in Section 4 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, 1987. Section 3. That Act providing a homestead exemption from Bartow County School District ad valorem taxation for certain residents who are age 62 or over, approved March 28, 1986 (Ga. L. 1986, p. 5361), is repealed in its entirety. Section 4. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Bartow County shall hold and conduct an election for the purpose of submitting this Act to the electors of the Bartow County School District for approval or rejection. In no event shall the referendum be held after December 31, 1987. 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 election 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:
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() 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 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. If this Act is not approved by more than one-half of the votes cast or if the referendum is not held on or before December 31, 1987, this Act shall be void and of no force and effect and shall be automatically repealed on January 1, 1988. The expense of such election shall be borne by Bartow County. It shall be the election 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.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 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 practice and procedures relating thereto; to repeal an existing exemption; to provide for a referendum; to repeal a specific law; and for other purposes. This 7th day of February, 1987. (s)Hugh Boyd Pettit III Representative, 19th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Boyd Pettit III, 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 12, 1987. /s/ Hugh Boyd Pettit III Representative, 19th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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HABERSHAM COUNTY STATE COURT; JUDGE AND SOLICITOR; COMPENSATION; PRACTICE OF LAW. No. 465 (House Bill No. 977). AN ACT To amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved March 28, 1947 (Ga. L. 1947, p. 1400), an Act approved February 25, 1949 (Ga. L. 1949, p. 1836), an Act approved March 5, 1957 (Ga. L. 1957, p. 2395), an Act approved March 2, 1966 (Ga. L. 1966, p. 2768), an Act approved April 11, 1968 (Ga. L. 1968, p. 3678), an Act approved February 27, 1969 (Ga. L. 1969, p. 2076), an Act approved February 27, 1969 (Ga. L. 1969, p. 2093), an Act approved March 25, 1974 (Ga. L. 1974, p. 3254), an Act approved February 11, 1977 (Ga. L. 1977, p. 2606), an Act approved February 23, 1979 (Ga. L. 1979, p. 3025), and an Act approved March 9, 1981 (Ga. L. 1981, p. 3087), so as to change the compensation of the judge and solicitor of said court; to provide that neither the judge nor the solicitor of said court shall be prohibited from practicing law except that neither shall practice law in the State Court of Habersham 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. An Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved March 28, 1947 (Ga. L. 1947, p. 1400), an Act approved February 25, 1949 (Ga. L. 1949, p. 1836), an Act approved March 5, 1957 (Ga. L. 1957, p. 2395), an Act approved March 2, 1966 (Ga. L. 1966, p. 2768), an Act approved April 11, 1968 (Ga. L. 1968, p. 3678), an Act approved February 27, 1969 (Ga. L. 1969, p. 2076), an Act approved February 27, 1969 (Ga. L. 1969, p. 2093), an Act approved March 25, 1974 (Ga. L. 1974, p. 3254), an Act approved February 11, 1977 (Ga. L. 1977, p. 2606), an Act approved February 23,
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1979 (Ga. L. 1979, p. 3025), and an Act approved March 9, 1981 (Ga. L. 1981, p. 3087), is amended by striking Section 10 in its entirety and inserting in its place a new Section 10 to read as follows: Section 10. Be it further enacted by the authority aforesaid, that there shall be a judge of said State Court, who shall be appointed and commissioned by the Governor, by and with the consent and advice of the Senate, who shall hold his office until December 31, 1944, and until his successor shall qualify, and thereafter, except in the case of a vacancy, the judge of said State Court shall hold his office by virtue of an election by the qualified voters of Habersham County and shall hold his office for a term of four years, beginning on the first day of January, 1945. At the regular election of county officers of Habersham County, in the year 1944, there shall be elected by the qualified voters of said County of Habersham a judge of said State Court who shall be commissioned by the Governor and shall hold his office for a term of four years from January 1, 1945, and at each of the regular elections held for the election of county officers, every four years thereafter, a judge of said court shall be elected. Any vacancy in said office shall be filled by appointment by the Governor for the unexpired term. The judge of said State Court shall receive an annual salary of Eighteen Thousand Dollars ($18,000.00) payable in equal monthly installments from the funds of Habersham County. Said salary shall be paid by the Judge of the Probate Court or other person or persons who are now or may hereafter be charged by law with the paying out of the money of Habersham County. The judge of the State Court shall be furnished an office in the courthouse as other county officers, and it shall be the duty of the governing authority of said county to make provision annually in levying taxes for this purpose. The said judge of the State Court shall receive no other compensation. He shall not be prohibited from practicing law except that he shall not practice law in the State Court of Habersham County, Georgia. Section 2. Said Act is further amended by striking Section 14 in its entirety and inserting in its place a new Section 14 to read as follows:
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Section 14. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said State Court, appointed, commissioned, and confirmed in the same manner provided for the appointment and confirmation of the judge of said court, whose appointive term of office shall be until the thirty-first day of December, 1944, and who shall thereafter be elected and commissioned in the same manner, at the same time, and for the same terms as are hereinbefore provided for the election of the judge of said court; and it shall be the duty of said solicitor to prosecute for all offenses cognizable before said court. The said solicitor shall receive the same fees for each written accusation as are allowed for each indictment in the Superior court, and his fees for all other services rendered shall be the same as are those of a District Attorney in the Superior Court; but all such fees shall be paid into the county treasury by the said solicitor as collected, and in lieu thereof he shall receive an annual salary of Eighteen Thousand Dollars ($18,000.00) payable in equal monthly installments from the funds of Habersham County. Said salary shall be paid by the Judge of the Probate Court or other person or persons who are now or may hereafter be charged by law with the paying out of the money of Habersham County. The said solicitor shall receive no other fees or compensation for his services. He shall not be prohibited from practicing law except that he shall not practice law in the State Court of Habersham County, Georgia. 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 1987 session of the General Assembly of Georgia a bill to amend the Act creating the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941, (Ga. L. 1941, p. 651), as amended, so as to permit the judge and solicitor of said court to practice law in any court
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other than the State Court of Habersham County, Georgia; to provide an effective date; to repeal conflicting laws' and for other purposes. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend the Act creating the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941, (Ga. L. 1941, p. 651), as amended, relative to compensation for the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. GEORGIA, FULTON 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, 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 12, 1987. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 20th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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MONROE COUNTY BOARD OF COMMISSIONERS; ELECTIONS; TERMS; DISTRICTS; OFFICERS. No. 466 (House Bill No. 925). AN ACT To amend an Act creating a board of commissioners for Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, so as to provide for the election and terms of members of the board of commissioners; to provide legislative intent; to provide for five board members; to provide districts; to provide that certain members shall be elected from districts by the residents of such districts; to provide residency requirements; to provide for a chairperson; to provide for a vice chairperson; to provide for vacancies; to provide for the chairperson as presiding officer; to provide for a 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. It is the intent of this Act to implement the judgment of the United States District Court for the Middle District of Georgia in the case of Simmons v. Monroe County Board of Commissioners , civil action number 85-125-2-MAC. Section 2. An Act creating a board of commissioners for Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, 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) There is created the Board of Commissioners of Monroe County which shall conduct and administer the county affairs of Monroe County. The board shall be composed of five members. For the purpose of electing members of the board, Monroe County shall be divided into four commissioner districts as follows: Commissioner District 1: District Number 1 is described and based on the 1980 census map for Monroe County, Georgia, and the 1980
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census map for the City of Forsyth, Monroe County, Georgia, and is more particularly described according to said maps as BEGINNING AT the intersection of the Eastern boundary of Georgia Highway No. 42 North with the Southern boundary of Sutton Road; thence in an easterly direction along the Southern boundary of Sutton Road to its intersection with the Western boundary of Georgia Highway 83 North; thence in a southerly direction along the Western boundary of Georgia Highway 83 North to its intersection with the City Limits Line of the City of Forsyth, said City Limits line being more particularly described as follows: BEGINNING at the City Limits sign located at the intersection of Georgia Highway 83 North and the Southern boundary of Straight Street; thence in a Southeasterly direction along the City Limits Line of the City of Forsyth to its intersection with Johnson Lane at the point where the right of way of the Georgia Power Company crosses Johnson Lane and the City Limits of the City of Forsyth. Thence in a Westerly direction along the Northern boundary of Johnson Lane to its intersection with an imaginary extension of the Western boundary of Grant Street; thence in a Southerly direction along said imaginary line and the Western boundary of Grant Street to its intersection with the Northern boundary of North Drive; thence in a Westerly direction along the Northern boundary of North Drive to its intersection with the Exit Ramp from Interstate 75, North Lane; thence along an imaginary line in a Southwesterly direction across Interstate 75 to the point where the Entrance ramp to Interstate 75, South Lane, intersects with the Southern boundary of South Drive; thence in an Easterly direction along the southern boundary of South Drive to its intersection with the Western boundary of College Street; thence in a Southerly direction along the Western boundary of College Street and an imaginary extension of the Western boundary of College Street to the Southern boundary of Railroad Avenue; thence in an Easterly direction along the Southern boundary of Railroad Avenue to its intersection with the Northern boundary of East Johnston Street; thence in a Westerly direction along the Northern boundary
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of East Johnston Street to its intersection with the Western boundary of Jackson Street; thence in a Southerly direction along the Western boundary of Jackson Street to its intersection with the Northern boundary of Chambers Street; thence in a Westerly direction along the Northern boundary of Chambers Street to its intersection with the Western boundary of Jones Street; thence in a Southerly direction along the Western boundary of Jones Street to its intersection with the Northern boundary of Sharp Street; thence in a Westerly direction along the Northern boundary of Sharp Street and along an imaginary extension of the Northern boundary of Sharp Street to its intersection with the Western boundary of Georgia Highway 83; thence in a Southerly direction along the Western boundary of Georgia Highway 83 to its intersection with the City Limits line of the City of Forsyth; thence in a Southeasterly direction along the City Limits line of the City of Forsyth, said City Limits line being more particularly described as follows: BEGINNING AT the City Limits sign on the Western boundary of Georgia Highway 83, which sign is approximately 100 feet South of the intersection of the Eastern boundary of Georgia Highway 83 and the Southern boundary of Old Culloden Road; thence in a Southeasterly direction to the Eastern boundary of Old Culloden Road at the point where the property of Rufus F. Walker, known as 35 Washington Street, (Old Culloden Road), joins the property of Mary Frances Smart on Old Culloden Road; thence in an Easterly direction along the Northern boundary of the property of Rufus F. Walker and through the property of Mary Frances Smart to the Southwest corner of West Street, also known as School Lane, thence in an Easterly direction along the Southern boundary of West Street to its intersection with the Western boundary of Blount Hill Road; thence in a Southerly direction along the Western boundary of Blount Hill Road to its intersection with an imaginary extension of the southern boundary of Zellner Street; thence in an Easterly direction along said imaginary line and the Southern boundary of Zellner Street and across Freeman Road and along the Northern boundary of the property of Ella F. Pittman on Freeman Road and still in an Easterly direction
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through the property of Nat, Hazel and Catherine Hardin and the property of Oscar Hugh Chapman, Jr. and Gloria Chapman to the Western boundary of the right of way of State Highway 42, and to the City Limits sign marking the City Limits of Forsyth, which sign is approximately 50 feet South from the mile post marker number 13, located on the Eastern boundary of the right of way of State Highway 42. Thence from said point in a Southerly direction along the Western boundary of State Highway 42 to its intersection with the centerline of Tobesofekee Creek; thence in a Westerly direction along the centerline of the creekbed of Tobesofekee Creek to the Western boundary of Monroe County, separating Monroe County from Lamar County; thence in a Northerly direction along the Western boundary of Monroe County separating Lamar County from Monroe County, to its intersection with the Southern boundary of Ingram Road; thence in an Easterly direction along the Southern boundary of Ingram Road and an imaginary extension of the Southern boundary of Ingram Road to its intersection with the Northern boundary of Georgia Highway 18; thence in a Westerly direction along the Northern boundary of Georgia Highway 18 to its intersection with the Southern boundary of Collier Road; thence in a Northeasterly direction along the Southern boundary of Collier Road to its intersection with the Southern boundary of Goodwyne Road; thence in an Easterly direction along the Southern boundary of Goodwyne Road to its intersection with the centerline of the creekbed of Todd Creek; thence in a Southeasterly direction along the centerline of the creekbed of Todd Creek to its intersection with the Northern boundary of Georgia Highway 18 and thence along the Northern boundary of Georgia Highway 18 to its intersection with the City Limits line of the City of Forsyth, thence in a Northeasterly direction along the City Limits Line of the City of Forsyth, said City Limits Line being more particularly described as follows: The City Limits line of the City of Forsyth begins at the City Limits sign, which sign is adjacent to a fire hydrant and the concrete City Limits monument located
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on the Southern boundary of Georgia Highway 18, thence in a Northerly direction across Georgia Highway 18 to the point on the Northern boundary of Georgia Highway 18 where the property of Julius Stroud, Jr., formerly the Alex Stephens Estate, known as 517 West Main Street, joins the property of Julius Stroud, Jr., known as 513 West Main Street; thence in a Northerly direction along the Western property line of Julius Stroud, Jr., known as 513 West Main Street; to a point where it intersects with the Southern boundary of Fletcher Heights Subdivision; thence in a Westerly direction along the Southern boundary of Fletcher Heights Subdivision to the Southwest corner of Fletcher Heights Subdivision; thence in a Northwesterly direction along the Western boundary of Fletcher Heights Subdivision to the Northwestern corner of said subdivision at the point where it joins Todd Creek; thence in an Easterly direction along the Northern boundary of Fletcher Heights Subdivision, which northern boundary is also the centerline of the creekbed of Todd Creek, to its intersection with the City Limits line of the City of Forsyth at the Northeastern corner of Fletcher Heights. All of Fletcher Heights Subdivision is included in District Number 1. Thence in a Northerly direction along the City Limits line of the City of Forsyth through the property of Harold Clarke, C. B. Haygood, Gilbert Banks, Jr. to the intersection of the Eastern boundary of Pine Circle Drive with the Northern boundary of East Lake Drive, thence in a Northerly direction along the Eastern boundary of Pine Circle Drive to a point on the Eastern boundary of Pine Circle Drive due East from the intersection of the property of Edgar F. Howard, known as 550 Pine Circle Drive, with the property of Virginia D. Jones, known as 560 Pine Circle Drive, on the Western boundary of Pine Circle Drive; thence in a Westerly direction across Pine Circle to the point on the Western boundary of Pine Circle Drive where the property of Edgar F. Howard, known as 550 Pine Circle Drive, joins the property of Virginia D. Jones, known as 560 Pine Circle Drive; thence in a Westerly direction along the Northern boundary of the property of Edgar F. Howard, 550 Pine Circle Drive to the point where it intersects the Western property line of Bob P.
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Allen, known as 220 Country Club Drive; thence in a Northerly and Easterly direction along the property line of Bob P. Allen to its intersection with the Southern boundary of Country Club Drive, thence in an Easterly direction along the Southern boundary of Country Club Drive to its intersection with the City Limits line of the City of Forsyth. It is intended that the property of Bob P. Allen, 220 Country Club Drive, and Virginia D. Jones, 560 Pine Circle be included within said District Number 1. Thence in a Northerly direction along the City Limits line of the City of Forsyth from its intersection with the Southern boundary of Country Club Drive to a point on the Northern boundary of Park Circle where the property of Mrs. Joe Dorner, known as 555 Park Circle joins the property of Mrs. Frank N. Wilder, Jr., known as 535 Park Circle, thence in an Easterly direction along the Northern boundary of Park Circle and an imaginary extension of the Northern boundary of Park Circle to its intersection with the Southern boundary of Country Club Drive; thence in an Easterly direction along the Southern boundary of Country Club Drive and an imaginary extension of the Southern boundary of Country Club Drive to its intersection with the Southern boundary of West Johnston Street; thence in an Easterly direction along the Southern boundary of West Johnston Street to its intersection with the Eastern boundary of Indian Springs Drive; thence in a Northerly direction along the Eastern boundary of Indian Springs Drive to the point where the first spur from Indian Springs Drive crosses the Central of Georgia Railroad; thence in a Northerly direction along the Eastern boundary of said spur to the Southern boundary of North Indian Springs Drive, formerly Railroad Avenue; thence in an Easterly direction along the Southern boundary of North Indian Springs Drive, formerly Railroad Avenue, and an imaginary extension of the Southern boundary of North Indian Springs Drive to its intersection with the Eastern boundary of Georgia Highway 42; thence in a Northerly direction along the Eastern boundary of Georgia Highway 42 to the point where the abandoned exit ramp from Interstate 75, South Lane, enters Georgia Highway 42; thence in a northerly
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direction along the Eastern boundary of said abandoned exit ramp to the Western boundary of the Southbound lane of Interstate 75; thence along an imaginary line northeasterly across Interstate 75 to the point where the entrance ramp to Interstate 75, North Lane, intersects the Northern boundary of North Drive; thence in a Northwesterly direction along the Northern boundary of North Drive to its intersection with the Southern boundary of Powerhouse Road; thence in an Easterly direction along the Southern boundary of Powerhouse Road to its intersection with an imaginary extension of the Eastern boundary of Carya Lane; thence in a Northerly direction along said imaginary line and the Eastern boundary of Carya Lane to its intersection with the Southern boundary of Pinecrest Drive; thence in an easterly direction along the Southern boundary of Pinecrest Drive to the point where it turns into the Eastern boundary of Lakeside Drive; thence in a Northwesterly direction along the Eastern and Northern boundary of Lakeside Drive to its intersection with the Eastern boundary of Oakridge Road; thence in a Southwesterly direction along the Eastern boundary of Oakridge Road to its intersection with the Northern boundary of North Drive; thence in a Northerly direction along the Northern boundary of North Drive to its intersection with the Eastern boundary of Georgia Highway 42; thence in a Northerly direction along the Eastern boundary of Georgia Highway 42 to its intersection with the Southern boundary of Sutton Road and THE POINT OF BEGINNING. Commissioner District 2: District Number 2 is described and based on the 1980 United States census map for Monroe County, Georgia, and the 1980 census map for the City of Forsyth, Monroe County, Georgia, and is more particularly described as BEGINNING at the point where the Western boundary of Estes Road intersects the Southern boundary of Monroe County, separating Monroe County from Bibb County, thence in a Northeasterly direction along the Western boundary of Estes Road to its intersection with the Western boundary of Zebulon Road; thence in a Northeasterly direction along the Western boundary of Zebulon Road
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to its intersection with an imaginary extension of the Western boundary of Moore Road; thence in a Northerly direction along the Western boundary of Moore Road and the imaginary extension of the Western boundary of Moore Road to its intersection with the Northern boundary of Shi Road; thence in an Easterly direction along the Northern boundary of Shi Road to its intersection with the Western boundary of U.S. Highway 41; thence in a Northerly direction along the Western boundary of U.S. Highway 41 to its intersection with the Southern boundary of Woodward Road; thence in a Westerly direction along the Southern boundary of Woodward Road and along an imaginary extension of the Southern boundary of Woodward Road to its intersection with the Western boundary of King Road; thence in a Northerly direction along the Western boundary of King Road to its intersection with the Western boundary of U.S. Highway 41; thence in a Northerly direction along the Western boundary of U.S. Highway 41 to its intersection with an imaginary extension of the Northern boundary of Evans Road; thence in an Easterly direction along the Northern boundary of Evans Road to its intersection with an imaginary extension of the Northern boundary of Rumble Road; thence in an Easterly direction along the Northern boundary of Rumble to its intersection with the Western boundary of Interstate 75; thence in a Northerly direction along the Western boundary of Interstate 75 to its intersection with the Southern boundary of Bunn Road; thence in a Westerly direction along the Southern boundary of Bunn Road to its intersection with the Eastern boundary of Gose Road; thence in a Southerly direction along the Eastern boundary of Gose Road to its intersection with an imaginary extension of the Southern boundary of Old Rumble Road; thence in a Westerly direction along said imaginary extension and the Southern boundary of Old Rumble Road and an imaginary extension of the Southern boundary of Old Rumble Road to its intersection with the Western boundary of U.S. Highway 41; thence in a Northerly direction along the Western boundary of U.S. Highway 41 to its intersection with the Southern boundary of Thornton Road; thence in a Westerly direction along the Southern boundary of Thornton Road and along an imaginary extension of the Southern boundary of
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Thornton Road to its intersection with the Western boundary of Montpelier Road; thence in a Northerly direction along the Western boundary of Montpelier Road and along an imaginary extension of the Western boundary of Montpelier Road to its intersection with the Western boundary of Georgia Highway 42; thence in a Northerly direction along the Western boundary of Georgia Highway 42 to its intersection with the Western boundary of Jackson Street; thence in a Westerly, and thence in a Northerly direction along the Western boundary of Jackson Street to its intersection with the Southern boundary of Chambers Street; thence in a Westerly direction along the Southern boundary of Chambers Street to its intersection with the Eastern boundary of Jones Street; thence in a Southwesterly direction along the Eastern boundary of Jones Street and along an imaginary extension of the Eastern boundary of Jones Street to its intersection with the Southern boundary of Sharp Street; thence in a Westerly direction along the Southern boundary of Sharp street to its intersection with the Eastern boundary of State Highway 83; thence in a Southwesterly direction along the Eastern boundary of Georgia Highway 83 to its intersection with the City Limits of the City of Forsyth; thence in a Southeasterly direction along the City Limits line of the City of Forsyth; said City Limits line being more particularly described as follows: BEGINNING at the City Limits sign on the Western boundary of Georgia Highway 83, which City Limits sign is approximately 100 feet South of the intersection of the Eastern boundary of Georgia Highway 83 and the Southern boundary of Old Culloden Road, thence running in a Southeasterly direction to the Eastern boundary of Old Culloden Road at the point where the property of Rufus F. Walker, known as 35 Washington Street (Old Culloden Road), joins the property of Mary Frances Smart on Old Culloden Road; thence in an Easterly direction along the Northern boundary of the property of Rufus F. Walker and through the property of Mary Frances Smart to the Southwest Corner of West Street, also known as School Lane, thence in an Easterly direction along the Southern boundary of West Street to its intersection with the Western boundary of Blount Hill Road; thence
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in a Southerly direction along the Western boundary of Blount Hill Road to its intersection with an imaginary extension of the Southern boundary of Zellner Street thence in an Easterly direction along said imaginary line and the Southern boundary of Zellner Street and across Freeman Road and along the Northern boundary of the property of Ella F. Pittman on Freeman Road and still in an Easterly direction through the property of Nat, Hazel and Catherine Hardin and the property of Oscar Hugh Chapman, Jr. and Gloria Chapman to the Eastern right of way of State Highway 42, and to the City Limits sign marking the City Limits of Forsyth, which sign is approximately 50 feet South from the mile post marker number 13, located on the Eastern boundary of State Highway 42. Thence in a Southerly direction along the Eastern boundary of Georgia Highway 42 to its intersection with the centerline of the creekbed of Tobesofkee Creek; thence in a westerly direction along the centerline of the creekbed of Tobesofkee Creek to its intersection with the Western boundary of Monroe County, separating Monroe County from Lamar County; thence in a Southerly direction along the Western boundary of Monroe County, separating Monroe County from Lamar county and Upson County, and thence in an Easterly direction along the Southern boundary of Monroe County, separating Monroe County from Crawford County and Bibb County to the intersection of the Southern boundary of Monroe County with the Western boundary of Estes Road and the POINT OF BEGINNING. Commissioner District 3: District Number 3 is described and based on the 1980 census map for Monroe County, Georgia, and the 1980 census map for the City of Forsyth, Monroe County, Georgia, and is more particularly described according to said maps as BEGINNING AT the point on the Eastern boundary of Monroe County, where the Ocmulgee River intersects the Towaliga River; thence in a Southerly direction along the Eastern boundary of Monroe County, separating Monroe County from Jones County; thence in a Southwesterly
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direction along the Southern boundary of Monroe County, separating Monroe County from Bibb County to its intersection with the Eastern boundary of Estes Road; thence in a Northerly direction along the Eastern boundary of Estes Road to its intersection with an imaginary extension of the Eastern boundary of Zebulon Road; thence in a Westerly direction along said imaginary line and the Eastern boundary of Zebulon Road to its intersection with the Eastern boundary of Moore Road; thence in a Northerly direction along the Eastern boundary of Moore Road to its intersection with the Southern boundary of Shi Road; thence in an Easterly direction along the Southern boundary of Shi Road and along an imaginary extension of the Southern boundary of Shi Road to its intersection with the Eastern boundary of U.S. Highway 41; thence in a Northerly direction along the Eastern boundary of U.S. Highway 41 to its intersection with an imaginary extension of the Northern boundary of Woodward Road; thence in a Westerly direction along said imaginary line and the Northern boundary of Woodward Road to its intersection with the Eastern boundary of King Road; thence in a Northerly direction along the Eastern boundary of King Road and along an imaginary extension of the Eastern boundary of King Road to its intersection with the Eastern boundary of U.S. Highway 41; thence in a Northerly direction along the Eastern boundary of U.S. Highway 41 to its intersection with the Southern boundary of Evans Road; thence in an Easterly direction along the Southern boundary of Evans Road to the Southern boundary of Rumble Road; thence in an Easterly direction along the Southern Boundary of Rumble Road to its intersection with the Eastern boundary of Interstate 75; thence in a Northerly direction along the Eastern boundary of Interstate 75 to its intersection with the Northern boundary of Bunn Road; thence in a Westerly direction along the Northern boundary of Bunn Road to its intersection with an imaginary extension of the Western boundary of Gose Road; thence in a Southerly direction along said imaginary line and the Western boundary of Gose Road to its intersection with the Northern boundary of Old Rumble Road; thence in a Westerly direction along the Northern boundary of Old Rumble Road to its intersection with the Eastern boundary of
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U.S. Highway 41; thence in a Northerly direction along the Eastern boundary of U.S. Highway 41 to its intersection with an imaginary extension of the Northern boundary of Thornton Road; thence in a Westerly direction along said imaginary line and the Northern boundary of Thornton Road to its intersection with the Eastern boundary of Montpelier Road; thence in a Northerly direction along the Eastern boundary of Montpelier Road to its intersection with the Eastern boundary of Georgia Highway 42; thence in a Northerly direction along the Eastern boundary of Georgia Highway 42 to its intersection with an imaginary extension of the Eastern boundary of Jackson Street; thence along said imaginary extension of the Eastern boundary of Jackson Street in a Westerly and Northerly direction to its intersection with the Southern boundary of West Johnston Street; thence in an Easterly direction along the Southern boundary of West Johnston Street to its intersection with the Eastern boundary of Railroad Avenue; thence in a Northwesterly direction along the Eastern boundary of Railroad Avenue to its intersection with the Eastern boundary of College Street; thence in a Northerly direction along the Eastern boundary of College Street and along an imaginary extension of the Eastern boundary of College Street to its intersection with the Northern boundary of South Drive; thence in a Northwesterly direction along the Northern boundary of South Drive to its intersection with the Southern boundary of the entrance ramp to Interstate 75, South Lane; thence in an imaginary line Northeasterly across Interstate 75 to the intersection of the exit ramp from the northbound lane of Interstate 75 with the Southern boundary of North Drive; thence in an Easterly direction along the Southern boundary of North Drive to its intersection with an imaginary extension of the Eastern boundary of Grant Street; thence in a Northerly direction along said imaginary line and the Eastern boundary of Grant Street to its intersection with the Southern boundary of Johnson Lane; thence in an Easterly direction along the Southern boundary of Johnson Lane and along an imaginary extension of the Southern boundary of Johnson Lane to its intersection with the Eastern boundary of Juliette Road; thence in a Northeasterly direction along the Eastern boundary of Juliette Road to its intersection
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with the right of way of the American Telephone and Telegraph Company underground cable easement; thence in a northeasterly direction along the centerline of the right of way of the American Telephone and Telegraph Easement to its intersection with the Eastern boundary of Georgia Highway 87; thence in a Northerly direction along the Eastern boundary of Georgia Highway 87 to its intersection with the centerline of the Towaliga River; thence in an Easterly direction along the centerline of the bed of the Towaliga River to its its intersection with the Eastern county line of Monroe County, separating Monroe County from Jones County, and the Ocmulgee River and the POINT OF BEGINNING. Commissioner District 4: District Number 4 is described and based on the 1980 census map for Monroe County, Georgia, and the 1980 census map for the City of Forsyth, Monroe County, Georgia, and is more particularly described according to said maps as BEGINNING AT a point on the Western County Line of Monroe County, separating Monroe County from Lamar County at its intersection with the Northern boundary of Ingram Road; thence in an Easterly direction along the Northern boundary of Ingram Road to its intersection with the Southern boundary of Georgia Highway 18; thence in westerly direction along the Southern boundary of Georgia Highway 18 and along an imaginary extension of the Southern boundary of Georgia Highway 18 to its intersection with the Northern boundary of Collier Road; thence in a Northeasterly direction along the Northern boundary of Collier Road and along an imaginary extension of the Northern boundary of Collier Road to its intersection with the Northern boundary of Goodwyne Road; thence in an easterly direction along the Northern boundary of Goodwyne Road to its intersection with the centerline of the creekbed of Todd Creek; thence in a Southeasterly direction along the centerline of the creekbed of Todd Creek to its intersection with the Northern boundary of Georgia Highway 18; thence in an Easterly direction along the Northern boundary of Georgia Highway 18 to its intersection with the City Limits line of the City of Forsyth; thence running along the City
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Limits line of the City of Forsyth in a Northerly direction; said City Limits line being more particularly described as follows: The City Limits line of the City of Forsyth begins at the City Limits sign, which sign is adjacent to a fire hydrant and the concrete City Limits monument located on the Southern boundary of Georgia Highway 18, thence in a Northerly direction across Georgia Highway 18 to the point on the Northern boundary of Georgia Highway 18 where the property of Julius Stroud, Jr., formerly the Alex Stephens Estate, known as 517 West Main Street, joins the property of Julius Stroud, Jr., known as 513 West Main Street; thence in a Northerly direction along the Western property line of Julius Stroud, Jr., known as 513 West Main Street; to a point where it intersects with the Southern boundary of Fletcher Heights Subdivision; thence in a Westerly direction along the Southern boundary of Fletcher Heights Subdivision to the Southwest corner of Fletcher Heights Subdivision; thence in a Northwesterly direction along the Western boundary of Fletcher Heights Subdivision to the Northwestern corner of said subdivision at the point where it joins Todd Creek; thence in an Easterly direction along the Northern boundary of Fletcher Heights Subdivision, which northern boundary is also the creekbed of Todd Creek, to its intersection with the City Limits line of the City of Forsyth, at the Northeastern corner of Fletcher Heights. Thence in a Northerly direction along the City Limits line of the City of Forsyth through the property of Harold Clarke, C. B. Haygood, Gilbert Banks, Jr. to the intersection of the Eastern boundary of Pine Circle Drive with the Northern boundary of East Lake Drive; thence in a Northerly direction along the Eastern boundary of Pine Circle Drive to a point on the Eastern boundary of Pine Circle Drive to a point on the Eastern boundary of Pine Circle Drive due East from the intersection of the property of Edgar F. Howard, known as 550 Pine Circle Drive, with the property of Virginia D. Jones, known as 560 Pine Circle Drive, on the Western boundary of Pine Circle Drive; thence in a Westerly direction across Pine Circle
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Drive to the point on the Western boundary of Pine Circle Drive, where the property of Edgar F. Howard, known as 550 Pine Circle Drive, joins the property of Virginia D. Jones, known as 560 Pine Circle Drive; thence in a Westerly direction along the Northern boundary of the property of Edgar F. Howard, 550 Pine Circle Drive to the point where it intersects the Western property line of Bob P. Allen, known as 220 Country Club Drive; thence in a Northerly and Easterly direction along the property line of Bob P. Allen to its intersection with the Southern boundary of Country Club Drive, thence in an Easterly direction along the Southern boundary of Country Club Drive to its intersection with the City Limits line of the City of Forsyth. Thence in a Northerly direction along the City Limits line of the City of Forsyth from its intersection with the Southern boundary of Country Club Drive to a point on the Northern boundary of Park Circle where the property of Mrs. Joe Dorner, known as 555 Park Circle joins the property of Mrs. Frank N. Wilder, Jr., known as 535 Park Circle, thence in an Easterly direction along the Northern boundary of Park Circle to its intersection with the Northern boundary of Country Club Drive; thence in an easterly direction along the Northern boundary of Country Club Drive to its intersection with the Northern Boundary of West Johnston Street; thence in an Easterly direction along the Northern boundary of West Johnston Street to its intersection with Western boundary of Indian Springs Drive; thence in a Northerly direction along the Western boundary of Indian Springs Drive to the point where the first spur from Indian Springs Drive crosses the Central of Georgia Railroad; thence in a Northerly direction along the Western boundary of said spur and along an imaginary extension of the Western boundary of said spur to the Northern boundary of North Indian Springs Drive, formerly Railroad Avenue; thence in an Easterly direction along the Northern boundary of North Indian Springs Drive, formerly Railroad Avenue, to its intersection with the Western boundary of Georgia Highway 42; thence in a Northerly direction along the Western boundary of Georgia Highway 42 to its intersection with an imaginary extension of the Western boundary of an
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abandoned exit ramp from Interstate 75, South Lane; thence in a northerly direction along the Western boundary of said abandoned exit ramp to the Southbound lane of Interstate 75; thence along an imaginary line Northeasterly across Interstate 75 to the point where the entrance ramp to Interstate 75 in the northbound lane intersects the Southern boundary of North Drive; thence in a Northwesterly direction along the Southern boundary of North Drive to its intersection with an imaginary extension of the Northern boundary of Powerhouse Road; thence in an Easterly direction along said imaginary line and the Northern boundary of Powerhouse Road to its intersection with the Western boundary of Carya Lane; thence in a Northerly direction along the Western boundary of Carya Lane and along an imaginary extension of the Western boundary of Carya Lane to its intersection with the Northern boundary of Pinecrest Drive; thence in an Easterly direction along the Northern boundary of Pinecrest Drive to the point where it turns into Lakeside Drive; thence in a Northeasterly direction along the Western boundary of Lakeside Drive to its intersection with the Eastern boundary of Oakridge Road; thence in a Southwesterly direction along the Eastern boundary of Oakridge Road and along an imaginary extension of the Eastern boundary of Oakridge Road to its intersection with the Southern boundary of North Drive; thence in a Northerly direction along the Southern boundary of North Drive and along an imaginary extension of the Southern boundary of North Drive to its intersection with the Western boundary of Georgia Highway 42; thence in a Northerly direction along the Western boundary of Georgia Highway 42 to its intersection with an imaginary extension of the Northern boundary of Sutton Road; thence in an Easterly direction along said imaginary line and the Northern boundary of Sutton Road and along an imaginary extension of the Northern boundary of Sutton Road to its intersection with the Eastern boundary of Georgia Highway 83; thence in a Southerly direction along the Eastern boundary of Georgia Highway 83 to its intersection with the City Limits of the City of Forsyth, said City Limits line being more particularly described as beginning at the City Limits sign located at the intersection of Georgia Highway 83 North and the Southern
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boundary of Straight Street; thence in a Southeasterly direction along the City Limits Line of the City of Forsyth to its intersection with the Northern boundary of Johnson Lane at the point where the right of way of the Georgia Power Company crosses Johnson Lane and the City Limits of the City of Forsyth; thence in an Easterly direction along the Northern boundary of Johnson Lane to its intersection with the Northern boundary of Juliette Road; thence in a Northeasterly direction along the Northern boundary of Juliette Road to its intersection with the right of way of the American Telephone and Telegraph Company underground cable easement; thence in a Northeasterly direction along the centerline of the right of way of the American Telephone and Telegraph Easement to its intersection with Western boundary of Georgia Highway 87; thence in a Northerly direction along the Western boundary of Georgia Highway 87 to its intersection with the centerline of the bed of the Towaliga River; thence in an Easterly direction along the centerline of the bed of the Towaliga River to its intersection with the Eastern County boundary of Monroe County, separating Monroe County from Jones County, and the Ocmulgee River; thence in a Northerly direction along the Eastern boundary of Monroe County separating Monroe County from Jones County and Jasper County; thence in a Westerly direction along the Northern boundary of Monroe County, separating Monroe County from Butts County; thence in a Southerly direction along the Western boundary of Monroe County, separating Monroe County from Lamar County to the point where the Western boundary of Monroe County intersects the Northern boundary of Ingram Road and the POINT OF BEGINNING. (b) Any part of Monroe County which is not included in any commissioner district described in subsection (a) of this section shall be included in that district contiguous to such part which contains the least population according to the 1980 United States decennial census or any future such census. Any references in the districts described in subsection (a) of this section to the city limits of the City of Forsyth shall mean the city limits as such existed on January 1, 1980. (c) (1) There shall be four members of the board who are elected from districts. To qualify as a candidate to
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be elected from a district, the candidate must have been a resident of Monroe County for at least one year immediately preceding the election and must be a resident of the district from which the candidate offers. Only the qualified electors of a district shall be entitled to vote for candidates seeking membership on the board from such district. Election of a member from a district shall be solely by the qualified electors who reside in such district. (2) One member of the board shall be elected from the county at large. A candidate to be elected from the county at large must have been a resident of Monroe County for at least one year immediately preceding the election. The election of the member at large shall be by the qualified electors of the entire county. (3) All candidates for membership on the board of commissioners must be residents of Monroe County and must possess the qualifications required by law for members of the General Assembly. (d) At the general election in 1988 and biennially thereafter, there shall be elected the four members of the board from the districts described in subsection (a) of this section and the member of the board from the county at large. The five members so elected shall take office on January 1 following the election for terms of two years and until successors are elected and qualified. Successors shall be elected at the general election next preceding the expiration of terms of office for terms of two years and until successors are elected and qualified. (e) (1) The member elected from the county at large shall serve as chairperson of the board of commissioners. (2) There shall be a vice chairperson of the board of commissioners who shall serve in the absence of the chairperson. The position of vice chairperson shall be rotated in numerical order among the membership of the board elected from districts. The member who is vice chairperson shall hold such position contemporaneously with a term of office. At the expiration of a term, the vice chairperson position shall rotate numerically to the
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next district. For the term of office beginning January 1, 1989, the vice chairperson shall be the member from Commissioner District 2. (f) (1) If a member elected from a district moves such member's residence from the district or if the member at large moves such member's residence from Monroe County, the member's position on the board of commissioners shall automatically become vacant. (2) Any vacancies occurring on the board shall be filled as provided in this Act and by other applicable laws, provided that any person seeking to fill a vacancy must meet the residency requirements and other qualifications for membership. Section 3. 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. (a) The chairperson shall preside over meetings of the board and shall be authorized to vote in all matters, but the chairperson shall have no power by virtue of such office other than as a presiding officer. (b) The commissioners shall, at the first meeting in January of each year, elect a clerk to be known as the clerk of the county commissioners, who must be a citizen of the county, but he shall not be a member of the board of commissioners. He must have a practical knowledge of bookkeeping, and it shall be his duty to keep a full and accurate record of all the proceedings of the board. He shall keep a complete and accurate record of all of the business of the county as contracted by the board, showing by his accounts all moneys received by the county from all sources whatsoever and all claims presented to and paid by the board, which claims shall be indexed under name of payee and shall bear numbers in numerical order, all of which vouchers shall be approved by the board and so marked across the face of same by the clerk. He shall keep a complete and accurate cash account of all the moneys paid out under order of the board, and, with each entry of cash disbursed, he must affix the number of the voucher on the warrant for which same is drawn. It shall be his duty to make as many statements as the board
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may require, showing the financial condition of the county, and perform such other duties of a clerical nature as may be required of him by the board. He shall regularly attend all meetings of the board and keep the books of same stored in some vault in the courthouse and subject to the inspection of the public at any time. The board of commissioners shall provide the clerk with such blank books as may be necessary to keep said records in the order herein prescribed. The clerk shall receive for his compensation some reasonable sum to be fixed by the board of commissioners at the time of electing the clerk, which sum shall not be changed during the year for which the same is fixed and which shall be payable monthly out of the county treasury on warrant of the commissioners. The clerk shall be subject to removal at any time at the instance of the board and shall, before entering upon the discharge of his duties, give surety company bond payable to the county in the sum of $2,000.00, which bond shall be filed with the judge of the probate court and recorded on his minutes. Section 4. This Act shall become effective July 1, 1987. 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended; and for other purposes. This 30th day of January, 1987. /s/ Kenneth Waldrep Honorable Kenneth Waldrep Representative, 80th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth Waldrep, who,
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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 4, 1987. /s/ Kenneth Waldrep Representative, 80th District Sworn to and subscribed before me, this 16th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. COBB JUDICIAL CIRCUIT DISTRICT ATTORNEY; ASSISTANT DISTRICT ATTORNEYS; COMPENSATION. No. 467 (House Bill No. 644). 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 25, 1986 (Ga. L. 1986, p. 4726), so as to change the county supplement for the district attorney; to change the compensation 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:
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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 25, 1986, (Ga. L. 1986, p. 4726), 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 $15,000.00 per annum, payable in equal monthly installments out of the funds of Cobb County. 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 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 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 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. All assistant district attorneys shall be compensated in the sum of not less than $19,185.00 per annum nor more than $51,750.00, except that the chief assistant district attorney shall receive no more than $54,000.00 per annum. The exact amount of said compensation shall be determined by the district attorney of the Cobb Judicial Circuit. Said sum shall be payable in equal monthly installments from the general funds of said county with the
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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 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 January/February 1987 Session of the General Assembly of Georgia, a Bill to amend the Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended so as to change the compensation of assistant district attorneys; to provide an effective date; to repeal conflicting laws; and for other purposes. This the 5th day of Jan. 1987. /s/Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL 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 9, 1987. /s/ Steve Thompson Representative, 20th District
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Sworn to and subscribed before me, this 4th day of February, 1987. /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 January/February 1987 Session of the General Assembly of Georgia, a Bill to amend the Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended so as to change the county supplement for the district attorney; to provide an effective date; to repeal conflicting laws; and for other purposes. This the 5th day of Jan. 1987. /s/Fred Aiken CARL HARRISON ROY E. BARNES JIM TOLLESON SALLIE NEWBILL SENATORS JOE MACK WILSON BILL COOPER STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Thompson, who, on
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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 9, 1987. /s/ Steve Thompson Representative, 20th District Sworn to and subscribed before me, this 4th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. NEWTON COUNTY BOARD OF COMMISSIONERS; EXPENSE ALLOWANCES. No. 468 (House Bill No. 933). AN ACT To amend an Act creating the Board of Commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4136), so as to change provisions relating to expense allowances of 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:
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Section 1. An Act creating the Board of Commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4136), is amended by striking Section 1-106A which reads as follows: Section 1-106A. (a) The members of the board of commissioners other than the chairman shall receive a base salary of $250.00 per month. (b) In addition to the base salary provided for in subsection (a), members of the board of commissioners shall receive $150.00 per month as reimbursement for actual and necessary expenses incurred in performing their official duties. Said sum shall be received without the necessity of itemizing or verifying expenses., and inserting in its place a new Section 1-106A to read as follows: Section 1-106A. (a) The members of the board of commissioners other than the chairman shall receive a base salary of $250.00 per month. (b) In addition to the base salary provided for in subsection (a), each member of the board of commissioners other than the chairman shall receive $150.00 per month as reimbursement for actual and necessary expenses incurred in performing his or her official duties. In addition to the salary otherwise provided by law, the chairman of the board shall receive $500.00 per month as reimbursement for actual and necessary expenses incurred in performing his or her official duties. Said sum shall be received without the necessity of itemizing or verifying expenses. 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.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4136); to repeal conflicting laws; and for other purposes. This 4th day of February, 1987. Denny M. 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: February 12, 1987. /s/ Denny M. Dobbs Representative, 74th District Sworn to and subscribed before me, this 18th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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RICHMOND COUNTY COUNTY OFFICIALS; COMPENSATION. No. 469 (House Bill No. 961). AN ACT To amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 5003), so as to change the compensation of certain officials; to provide for the payment of such 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 establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 5003), is amended by striking in its entirety Section 1 thereof and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The following officials of Richmond County, Georgia, shall receive an annual salary, payable from the funds of Richmond County, Georgia, as follows: (1) Clerk of superior court and state court $34,688.00 (2) Judge of the probate court 36,771.00 (3) Tax commissioner 40,300.00 (4) Judge of the state court 55,000.00 (5) Solicitor of the state court 21,800.00 (6) Coroner 20,000.00 (7) Judge of the civil court 39,267.00 (8) Associate judge of the civil court 39,847.00 (9) Chairman of the Board of commissioners 10,600.00 (10) Member of the board of commissioners 8,200.00 (11) District attorney 9,900.00 (12) Judge of the superior court 12,981.00 (13) Sheriff 42,150.00
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(b) The compensation provided for in subsection (a) of this section shall be paid 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 hereby given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia an Act to establish the compensation for certain elected officials of Richmond County, Georgia, and certain elected officials of the State of Georgia whose salaries are supplemented by Richmond County, Georgia; to prohibit certain practices by certain officials; to provide an effective date; to repeal conflicting laws; and for other purposes. This 30th day of December, 1986. ROBERT C. DANIEL JR. County Attorney for Richmond County, Georgia Jan. 8, 1987
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STATE OF GEORGIA) RICHMOND COUNTY) PERSONALLY appeared before me, a Notary Public, the undersigned, PAUL S. SIMON, 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 in said newspaper one time, as required by law, said date of publication being January 8, 1987. /s/ Paul S. Simon, President, Southeastern Newspapers Corporation, Publisher of The Augusta Herald, Richmond County, Georgia Sworn to and subscribed before me, this 9 day of January, 1987 /s/ Betty J. Doyle Notary Public, Richmond County, Georgia My Commission Expires March 5, 1989 (SEAL) Approved March 31, 1987.
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CITY OF DECATUR COMMISSIONERS; ELECTIONS; TERMS. No. 470 (House Bill No. 969). AN ACT To amend an Act creating and establishing a new charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4601), so as to change the provisions relating to the election of commissioners; to provide for regular city elections in odd-numbered years; to provide for four-year staggered terms of office after certain initial terms of office; to change the date of the regular city election; 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 creating and establishing a new charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4601), is amended by striking subsections (c) and (d) of Section 5.1 in their entirety and substituting in lieu thereof the following: (c) Those persons in office as commissioners on April 1, 1987, shall serve out the remainder of the terms to which they were elected. Two commissioners shall be elected from each of the two election districts provided for in subsection (a) of this section and one commissioner shall be elected from the city at large. The at-large commissioner may reside anywhere within the city and shall be elected by the electors of the city. A commissioner elected from an election district must reside within the election district from which elected and shall be elected by the electors residing within the election district. (d) For the purpose of electing the commissioners from the two election districts provided for in subsection (a) of
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this section, there shall be a post A and post B for each such district. The commissioner elected from district 1 and the commissioner elected from district 2 whose regular terms of office expire on the first Monday in January, 1988, shall be the commissioners from post A of each election district. The commissioner elected from district 1 and the commissioner elected from district 2 whose regular terms of office expire on the first Monday in January, 1989, shall be the commissioners from post B of each district. A person offering for election as a district commissioner shall designate the commission district and post for which the person is offering. A person offering for election as the at-large commissioner shall designate that the person is offering for such position on the commission. Except for the election in 1988 provided for in paragraph (2) of subsection (e) of this section, beginning in 1987, the regular city election of the City of Decatur shall be held on the Tuesday next following the first Monday in November of each odd-numbered year. (e) (1) The successors to the commissioners from post A of election districts 1 and 2 shall be elected at the regular city election of 1987 and shall take office on the first Monday in January immediately following their election for initial terms of two years. Thereafter, their successors shall be elected at the regular city election held immediately preceding the expiration of terms of office and shall take office on the first Monday in January immediately following their election for terms of four years. (2) The successors to the commissioners from post B of election districts 1 and 2 and the successor to the at-large commissioner shall be elected on the Tuesday next following the first Monday in November, 1988, and shall take office on the first Monday in January, 1989, for initial terms of three years. Thereafter, their successors shall be elected at the regular city election held immediately preceding the expiration of terms of office and shall take office on the first Monday in January immediately following their election for terms of four years. (3) All commissioners shall serve until their successors are elected and qualified. (f) This section shall supersede any provision of the charter of the City of Decatur which is in conflict with this
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section, and such conflicting provision of the charter is repealed to the extent of such conflict. 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 1987 session of the General Assembly of Georgia a bill to amend an Act establishing a new charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended; and for other purposes. This 30th day of January, 1987. Honorable Peggy Childs Representative, 53rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Peggy M. 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 5, 1987. /s/ Peggy M. Childs Representative, 53rd District Sworn to and subscribed before me, this 19th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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CITY OF MOULTRIE CORPORATE LIMITS; VOTING BY COUNCIL MEMBERS; MEETINGS; APPOINTMENTS. No. 471 (House Bill No. 958). 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; to require certain voting procedures by council members; to change the time of meetings; to change certain appointment procedures; 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 new charter for the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, 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 corporate limits of the City of Moultrie are such as to include and embrace therein all area lying within the following boundary lines: Begin at the Original Southwest corner of Land Lot Number 337 in the 8th Land District of Colquitt County, Georgia, and from said point of beginning run North 88 degrees 59 minutes East along the South original line of said Land Lot 2390 feet, more or less, to the West margin of the Moultrie-Thomasville Highway, U.S. 319, thence run in a Southern direction along the West margin of said Highway to a point 50 feet North of its intersection with the center-line of an 18 foot paved driveway leading to the Sunset Country Club, thence run along a line 50 feet North of and parallel to the center-line of said driveway in a Northwesterly direction 1900 feet, more or less, to a point on a line 100 feet East of and parallel to the front of the clubhouse, thence run Northeasterly along said line 150 feet more or less to a point on a line 100
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feet North of and parallel to the clubhouse, thence run Northwesterly along said North line 300 feet, more or less, to a line 100 feet West of and parallel to the back of the clubhouse, thence run Southwesterly along said West line 450 feet, more or less, to a line 200 feet South of and parallel to the clubhouse, thence run Southeasterly along said South line 500 feet, more or less, to a point on a line 50 feet South of and parallel to the center-line of the aforementioned 18 foot driveway, thence run along a line 50 feet South of and parallel to the center-line of said driveway in a Southeasterly direction 1500 feet, more or less, to its intersection with the West margin of the Moultrie-Thomasville Highway, U.S. 319, thence run in a Southerly direction along the West margin of said highway to a point which is North 82 degrees West 100 feet, more or less, from the Northwest corner of lands of Tucker, thence run South 82 degrees East 463 feet to the Northeast corner of lands of Tucker, thence run South 2 degrees 30 minutes West 181 feet to the Southeast corner of lands of Tucker, thence run North 82 degrees West 463 feet to the West margin of the Moultrie-Thomasville Highway, U. S. 319, thence run in a Southerly direction along the West margin of said Highway to a point which is South 89 degrees 30 minutes West 100 feet from the Southwest corner of lands of The Hospital Authority of Colquitt County, Georgia, in Land Lot 383 in the 8th Land District of Colquitt County, thence run North 89 degrees 30 minutes East to the East margin of said highway, thence run South 09 degrees 30 minutes West along said East margin 263.09 feet to the North margin of a 60 foot street, thence run South 82 degrees 55 minutes East 440.40 feet, thence run North 09 degrees 06 minutes 55 seconds West 322.01 feet, thence run North 89 degrees 30 minutes East 2132.66 feet to the East margin of the right of way of the Georgia Northern Railroad, thence run South 11 degrees 48 minutes 57 seconds East along said right of way 692.17 feet, thence run South 11 degrees 59 minutes 48 seconds East along said right of way 1024.66 feet, thence run South 51 degrees 21 minutes 31 seconds East 784.08 feet, thence run North 77 degrees 48 minutes 07 seconds East 770 feet, more or less, to the run of Sloan Creek, thence run in a Northerly direction along the run of Sloan Creek 2800 feet,
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more or less, to the South margin of 31st Avenue, S.E., thence run South 89 degrees 27 minutes 55 seconds East along the South margin of 31st Avenue, S.E. 670 feet, more or less, to a point South of the Southeast corner of lands of Turning Point Care Center, thence run North across 31st Avenue, S.E. to the Southeast corner of lands of Turning Point Care Center, thence run North 00 degrees 21 minutes 40 seconds West 149.42 feet, thence run North 11 degrees 45 minutes 14 seconds East 375.10 feet, thence run North 49 degrees 20 minutes 58 seconds West 220.61 feet, thence run North 62 degrees 45 minutes 32 seconds West 607.11 feet, thence run North 50 degrees 42 minutes 46 seconds West 492.97 feet to the East margin of the Moultrie East By-Pass, thence run in a Northwesterly direction 850 feet, more or less, to the Southeast corner of lands of Pineland School, thence run North 12 degrees 03 minutes West 1100 feet, thence run South 88 degrees 39 minutes West 97.7 feet, thence run North 12 degrees 03 minutes West 1073 feet, more or less, to the North margin of YMCA Road (26th Avenue, S.E.), thence run North 88 degrees 59 minutes East 148.90 feet, thence run North 01 degrees 01 minutes West 606.47 feet, thence run South 88 degrees 59 minutes West 479.38 feet, thence run South 12 degrees 30 minutes East 617.89 feet to the North margin of 26th Avenue, S.E., thence run South 88 degrees 39 minutes West 150 feet to the Southeast corner of property of YMCA, thence run North 12 degrees 03 minutes West 1200 feet; thence run South 88 degrees 39 minutes West 360 feet to East margin of the right of way of Georgia Northern Railroad, thence run Northwesterly along the east margin of said railroad right of way 2710 feet, thence run North 81 degrees East 1050 feet, thence run North 9 degrees West 400 feet, thence run South 81 degrees West 1050 feet to the East margin of said Georgia Northern Railroad right of way, thence run in a Northwesterly direction along the East margin of said railroad right of way to the North margin of Tallokas Road, thence run South 61 degrees 53 minutes East along the North margin of Tallokas Road 102 feet to its intersection with the West margin of Plymel Street, thence run North 35 degrees 20 minutes East along the West margin of Plymel Street 85 feet, thence run North 39 degrees 08 minutes West 236.97 feet, thence run South
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65 degrees 10 minutes West 35 feet to the East margin of the Georgia Northern Railroad right of way, thence run Northwesterly along the East margin of said railroad right of way to the Old South City Limits Line as defined in the Acts of 1943, Ga. L. 1943, pp. 1458 et. seq., which Old South City Limits Line lies 5860 feet South of and parallel to a straight line running East and West through the center of the County Courthouse Square; thence run along said Old South City Limits Line 1160 feet, more or less, to the Northwest corner of Lot 4, Crestwood Gardens Subdivision; thence run South along the West property line of said lot 301 feet to the Southwest corner of said Lot 4, thence run East along the South property line of said lot 325 feet to the Northwest corner of Lot 10, Crestwood Gardens Subdivision; thence run South along the West property line of said lot 325 feet to the Southwest corner of said Lot 10; thence run East along the south property line of said lot 325 feet to a point on the West margin of 10th Street, S.E., thence run North along said West margin 630 feet to the Northeast corner of Lot 5, Crestwood Gardens Subdivision; thence run East 50 feet, more or less, to a point on the East margin of 10th Street, S.E.; thence run North along said East margin 357 feet, more or less, to a point 200 feet South of the Southeast corner of 10th Street S.E. and 12th Avenue, S.E.; thence run East parallel to the South margin of 12th Avenue, S.E. 100 feet to a point; thence run North parallel to the East margin of 10th Street, S.E. 200 feet to a point on the South margin of 12th Avenue, S.E.; thence run East along said South margin 400 feet, more or less, to a point on the Old East City Limits Line as defined by the Acts of 1943, Ga. L. 1943, pp. 1458, et. seq., said line is three-quarters of a mile East of and parallel to a straight line running North and South through the center of the County Courthouse Square; thence run North along said Old City Limits Line 443 feet, more or less, to the South original lot line of Land Lot Number 292 in the 8th Land District of Colquitt County; thence run East along the South original lot lines of Land Lots Numbers 292, 293 and 294 in the 8th land District of Colquitt County a distance of 10,250 feet, more or less, to a point where said South original lot line of Land Lot 294 intersects with the Southwest
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margin of the Moultrie-Quitman State Highway Number 33; thence run in a Southeasterly and Southerly direction along the West margin of the said Moultrie-Quitman State Highway to the point of intersection of the West margin of said Highway with a point opposite the Southwest corner of Spence Field, thence run North 69 degrees 17 minutes East 227 feet, thence run North 25 degrees 30 minutes West 783 feet, thence run South 86 degrees 30 minutes East 418.6 feet, thence run South 29 degrees 20 minutes East 597.4 feet, thence run North 69 degrees 17 minutes East 575.64 feet, thence run North 72 degrees 54 minutes East 1299.84 feet, thence run North 79 degrees 59 minutes East 859.14 feet, thence run North 7 degrees 22 minutes West 1229.54 feet, thence run North 31 degrees 58 minutes East 828.5 feet, thence run South 44 degrees 55 minutes East 1493.2 feet, thence run North 45 degrees 05 minutes East 1600 feet, thence run North 44 degrees 55 minutes West 780 feet, more or less, to the Sardis Church Road, thence run generally Northwesterly along the Southwest right of way of said road 7835 feet to monument No. 12 on Spence Field, thence run North 81 degrees 05 minutes West 1773.93 feet, thence run North 82 degrees 52 minutes West 600.82 feet, thence run South 89 degrees 16 minutes West 803.58 feet, thence run North 88 degrees 19 minutes West 3690.86 feet, thence run South 01 degrees 36 minutes West 2391.97 feet, thence run North 88 degrees 30 minutes West 1116.10 feet to the East margin of the Moultrie-Quitman State Highway, thence run in a Northwesterly direction along the East margin of the Moultrie-Quitman State Highway to its intersection with the South original lot line of Land Lot 294 in the 8th Land District of Colquitt County, thence run North parallel with the Old East City Limits Line a distance of 4530 feet, thence run West parallel with the South lot lines of Lots 294 and 293 a distance of 2100 feet, more or less, to the West margin of Industrial Boulevard (28th Street, N.E.), thence run North 00 degrees 40 minutes 30 seconds West along the West margin of Industrial Boulevard to its intersection with the South margin of the Seaboard Coastline Railroad right of way, thence run South 42 degrees 8 minutes Southwest along the South margin of said railroad right of way to the Northwest corner of lands of Colquitt County
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Board of Education, thence run South 9 degrees 57 minutes 8 seconds East 772.35 feet to an iron pin in the North margin of the (Southern) Georgia-Florida Railroad right of way, thence run South 100 feet to the South margin of said railroad right of way, thence run South 86 degrees 1 minute 30 seconds West along the South margin of said right of way 278.81 feet, thence run South 0 degrees 40 minutes 30 seconds East 351 feet, thence run South 89 degrees 19 minutes 30 seconds West to the East margin of County Road, thence run in a Northeasterly direction along the East margin of said road to the South margin of the right of way of the (Southern) Georgia-Florida Railroad, thence run in a Westerly direction along the South margin of said railroad right of way to the Northwest corner of Lot 1 in Block A of the First Addition to Kingwood Heights Subdivision, thence run West parallel with the South lot line of Lot 293 to a point 567.77 feet East of the intersection of said right of way with the East margin of the Moultrie East By-Pass, thence run North 6 degrees 32 minutes East to the North margin of said railroad right of way, thence continue North 6 degrees 32 minutes East 1519.61 feet, thence run North 83 degrees 27 minutes West 382.77 feet, thence run North 04 degrees 44 minutes East 207.98 feet, thence run North 42 degrees 59 minutes West 392.16 feet, thence run North 89 degrees 35 minutes West 170.20 feet to a point on the East margin of the right of way of the East By-Pass, thence continue West to the East Original lot line of Land Lot Number 261 in the 8th Land District of Colquitt County, thence run North along the East Original lot line of said Land Lot Number 261 to its intersection with an extension Eastward of the Old North City Limits Line of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pp. 1458 et. seq., which line lies three-quarters of a mile North of and parallel to a straight line running East and West through the center of the County Courthouse Square; thence run South 89 degrees 41 minutes West along said extension of the Old North City Limits Line 4750 feet, more or less, to the East lot line of Original Land Lot Number 262 in the 8th Land District of Colquitt County; thence run North 1 degree 30 minutes West along the East original lot line of said Land Lot Number 262 and along the
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East original lot line of Land Lot 245 in the 8th Land District of Colquitt County 1215.6 feet, more or less, to the Northeast corner of Section 4 of the J. B. Norman, Jr., Subdivision of said Land Lot 245 as shown by a plat thereof recorded in Deed Book V, Pages 432-433, Colquitt County records; thence run South 89 degrees 31 minutes West along the North lines of Sections 4, 5 and 12 of said J. B. Norman, Jr. Subdivision of Land Lot 245 3065.4 feet to a point which is 210 feet East of the intersection of said Line with the East margin of the right of way of U.S. Highway 319 (First Street, N.E.); thence run North parallel to and 210 feet from the East margin of the right of way of U. S. Highway 319 a distance of 250 feet, thence run East 172 feet; thence run North 215 feet; thence run South 70 degrees West 194.5 feet to a point that is on a line perpendicular to the center line of U. S. 319 and which is 210 feet from the East margin of the right of way of said Highway; thence run North parallel to and 210 feet from the East margin of the right of way of U. S. 319 a distance of 1300 feet; thence run West parallel with said Old City Limits Line 1200 feet, more or less, to the West margin of the Old Moultrie-Sylvester State Highway; thence run in a southerly direction along the West margin of said Old Moultrie-Sylvester State Highway to its intersection with the West margin of Old Abandoned Sylvester Drive, thence continue in a Southeasterly direction along the West margin of Old Abandoned Sylvester Drive extended across the West By-Pass to the West margin of U.S. Highway 319 and the Northeast corner of property formerly owned by Lloyd Baxter, thence run South 89 degrees 05 minutes West 141.95 feet to an iron pin; thence run South 05 degrees 50 minutes East 539.95 feet to a nail driven into concrete, this line runs along and East of a spur railroad track being 6 feet from the center-line of said spur track at the nearest point; thence run South 83 degrees 40 minutes West 169.8 feet to an iron pin, and the East right of way of the Georgia Northern Railroad; thence run along the East margin of said Georgia Northern Railroad and following calls: South 11 degrees 24 minutes East 55.35 feet, South 14 degrees 42 minutes East 100.0 feet, South 19 degrees 21 minutes East 100.0 feet, South 25 degrees 04 minutes East 46.75 feet to an iron pin, South 07 degrees
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50 minutes East 50.33 feet to an iron pin, North 84 degrees 09 minutes East 15.79 feet to an iron pin, South 30 degrees 4 minutes East 71.1 feet, South 35 degrees 08 minutes East 100.0 feet to an iron pin, South 86 degrees 00 minutes West 18.8 feet to an iron pin, South 37 degrees 36 minutes East 68.45 feet, South 42 degrees 34 minutes East 100.0 feet, South 46 degrees 15 minutes East 100.0 feet to an iron pin; thence leaving said railroad right of way run North 47 degrees 31 minutes East 54.35 feet to an iron pin and the West margin of the Old Moultrie-Sylvester State Highway and North Main Street extended; thence run South along the West margin of the Old Moultrie-Sylvester State Highway and North Main Street extended a distance of 240 feet, more or less, to the South margin of the right of way of the Georgia Northern Railroad; thence run in a Northwesterly direction along the South margin of the right of way of the Georgia Northern Railroad 333.45 feet; thence continue in a Northwesterly direction along an arc delineated by an Old Fence on the South margin of property of the Georgia Northern Railway Company 405.05 feet, more or less, to the South margin of property of Swift Company; thence run North 87 degrees 38 minutes West 29 feet; thence run South 0 degrees 44 minutes West 1837.3 feet to said Old North City Limits line; thence run West along said Old North City Limits line 435 feet, more or less, to the East margin of the right of way of alternative Moultrie-Albany State Highway Number 133; thence run Northwesterly along the East margin of said State Highway Number 133 a distance of 2700 feet, more or less, to the Southwest corner of property of Agricultural Chemical Company; thence run North 59 degrees 45 minutes East 546 feet; thence run North 15 degrees 41 minutes West 80.6 feet to the South margin of the West By-Pass; thence run along the South margin of said By-Pass South 86 degrees 35 minutes West 160.55 feet, South 84 degrees 54 minutes West 100.0 feet, South 80 degrees 55 minutes West 100.0 feet, South 77 degrees 41 minutes West 100.0 feet, South 73 degrees 14 minutes West 100.0 feet, South 70 degrees 45 minutes West 29.1 feet; thence run West across Alternative Moultrie-Albany State Highway Number 133 and in a Southwesterly direction along the South margin of said West By-Pass to its intersection with the East margin
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of Ninth Street, N.W., extended; thence run West parallel with the Old North City Limits Line to a point 4900 feet West of the East margin of the right of way of said Alternate State Highway Number 133; thence run South parallel with the Old West City Limits line of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pp. 1458 et seq., which Old West City Limits line is located three-quarters of a mile West of and parallel to a straight line running North and South through the center of the Courthouse Square, to a point 1000 feet from the centerline of the Moultrie-Camilla State Highway Number 37 measured along a line perpendicular to the center-line of said Highway; thence run in a Northwesterly direction along a line parallel to and 1000 feet North of the center-line of said Moultrie-Camilla State Highway a distance of 1540 feet, more or less, to the East boundary of Camilla Heights Subdivision; thence run South 02 degrees 56 minutes East along said East boundary 370 feet, more or less, to a point on a line 100 feet North of and parallel to the North line of Lot 17, Block 3, Camilla Heights Subdivision; thence run North 75 degrees West along aforementioned line 940 feet, more or less, to the West margin of the right of way of Washington Street; thence run North 15 degrees East along the West margin of said Street right of way 65 feet, more or less, to the North property line of Lot 15, Block 3, Camilla Heights Subdivision; thence run North 75 degrees West along said North property line 420 feet; thence North 15 degrees East 300 feet; thence North 75 degrees West 281 feet; thence North 15 degrees East 90 feet, more or less, to a point on a line 1000 feet North of center line of Moultrie-Camilla State Highway; thence run Northwesterly along said line 950 feet, more or less, to the center line of Hamilton Road in Camilla Heights Subdivision; thence run South along the center-line of said Hamilton Road a distance of 1000 feet to the center line of said Moultrie-Camilla State Highway; thence continue in a Southerly direction along an extension of the center-line of said Hamilton Road a distance of 500 feet; thence run in a Southeasterly direction along a line parallel to and 500 feet South of the center-line of said Moultrie-Camilla State Highway to a point 262.5 feet Northwest of the North margin of Georgia Highway 111 (Moultrie-Meigs
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Highway) measured along said line, thence run South 80 degrees 10 minutes 05 seconds West 506.25 feet, thence run South 14 degrees 45 minutes East 230 feet to the North margin of said Highway, thence run across said Highway perpendicular with its center-line to a concrete marker on the South margin, thence run in a Southwesterly direction in an arc along the South margin of said Highway 444.32 feet, thence run South 00 degrees 56 minutes 02 seconds East 446.22 feet, thence run South 89 degrees 50 minutes 04 seconds East 568.26 feet to the West margin of a County Post Road, thence run North 00 degrees 56 minutes 02 seconds East 664.25 feet to the South margin of State Highway 111, thence run Northeasterly along the South margin of said right of way 150 feet, thence run in a Southeasterly direction along a line parallel to and 500 feet South of the center-line of the Moultrie-Camilla State Highway to the center-line of the Ochlocknee River; thence run various courses and distances in a Southerly direction along the center-line of the Ochlocknee River 7950 feet, more or less, to a point 3250 feet West of the Southwest corner of the Old City Limits of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pp. 1458 et. seq.; thence run Southeasterly to a point on the North original lot line of Land Lot 336 which point is 1855.11 feet West of Northeast corner of said lot; thence run South 89 degrees 45 minutes West along said lot line 438 feet; thence run South 9 degrees 30 minutes West 163 feet, thence run South 9 degrees 45 minutes West 14 feet, thence run South 13 degrees 04 minutes East 243 feet, thence run South 1 degree 49 minutes East 168 feet, thence run South 7 degrees 52 minutes East 147.6 feet, thence run South 69 degrees 05 minutes East 225 feet, thence run North 58 degrees 55 minutes East 200 feet, thence run North 66 degrees 55 minutes East 140 feet, thence run South 89 degrees 25 minutes 188 feet, thence run South 02 degrees 17 minutes West 140 feet, thence run South 42 degrees 52 minutes West 66.2 feet, thence run South 54 degrees 22 minutes West 300 feet, thence run South 26 degrees 38 minutes East 555 feet, thence run North 75 degrees 48 minutes East 572 feet, thence run South 31 degrees 04 minutes East 391.4 feet, thence run South 28 degrees 30 minutes East 300 feet to the North
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margin of the right of way of the Moultrie-Meigs Post road; thence run in a Southwesterly direction along the North margin of the right of way of said Moultrie-Meigs Post Road 516 feet to a point which is 1902 feet West of the East original lot line of Land Lot 336 in the 8th land District of Colquitt County, Georgia, measured along the North margin of said Post Road, thence run North 60 degrees 42 minutes West 371.3 feet, thence run South 87 degrees 33 minutes West 657.5 feet to the center of the run of the Ochlocknee River, thence run along the center of the run of the Ochlocknee River in a direction generally South 5 degrees 25 minutes West to lands of Robert M. Duggan, thence run South 61 degrees 4 minutes East 143.6 feet, thence run South 28 degrees 56 minutes West 360 feet, thence run South 28 degrees 4 minutes East 460 feet to the South margin of the right of way of the Moultrie-Meigs Post Road, thence run Southwesterly along the South margin of said right of way to the center of the run of Ochlocknee River, thence run in a Southerly direction along the center of the run of said river 2400 feet, more or less, to the Southeast corner of property of Jack Smith in Land Lot 355 in the 8th Land District of Colquitt County, Georgia; thence run Westerly along the south property line of property of Jack Smith 2425 feet, more or less, to the Southwest corner of property of Jack Smith; thence run North 82 degrees 30 minutes West 1675 feet; thence run South 63 degrees 30 minutes West 1260 feet; thence run due South 335 feet; thence run North 87 degrees 00 minutes East 5350 feet, more or less, to the center of the run of Ochlocknee River; thence run in a Southerly direction along the center of the run of said river to its intersection with the South lot line of Land Lot 355 in the 8th Land District of Colquitt County, Georgia, thence run in an Easterly direction along the South lot line to the Southeast corner of said lot, thence run in a Northerly direction along said East lot line 555.5 feet to the North right of way of Clubview Drive; thence run in an Easterly direction along said North right of way 246.84 feet to the Northwest corner of Clubview Drive and Holly Trail; thence run in a Northerly direction along the West right of way of Holly Trail 365.1 feet to the Northeast corner of Lot 2, Block 7, Clubview Subdivision Section 2; thence run in a Northwesterly
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direction 280 feet, along the North property line of said Lot 2, to a point on the East land lot line of Land Lot 355; thence run in a Northerly direction along said East lot line to the original Southwest corner of Land Lot 337 and the point of beginning; EXCEPT that there shall not be included in said City of Moultrie that are encompassed within the present corporate limits of the Town of Riverside; the 14.34 acre tract described in the deed from the Moultrie-Colquitt County Development Authority to Bedford D. Maule and June D. Maule recorded in Deed Book 264, Pages 104, 105, Colquitt County Records, which tract is located on Spence Field; the 3.52 acre tract, the property of Maule Aircraft Corporation as shown on a plat recorded in Plat Book 18, Page 70, Colquitt County records and removed from the City Limits by an Act of 1986; Lots 4 and 5 of `Property of John M. Rhodes' as shown by a plat prepared by J. M. Leverett, C.E., under date of 5/9/53 and recorded in Plat Book 1, Page 296, Colquitt County records; the Southern 11.78 acres of the Drive-In Theater property described as beginning at a point on the East margin of the Old Moultrie-Thomasville Road at its intersection with the Mountrie-Thomasville Highway, U.S. 319, thence run South 85 degrees 15 minutes East 968.07 feet, thence run North 9 degrees 35 minutes East 520.54 feet, thence run North 85 degrees 15 minutes West 938.17 feet, to the East margin of the Old Moultrie-Thomasville Road, thence run South 9 degrees 50 minutes West along the East margin of said road to the point of beginning; a tract described as beginning at the intersection of the South lot line of Land Lot 337 in the 8th Land District of Colquitt County, Georgia, with the East margin of the right of way of the Georgia Northern Railroad, thence run South 88 degrees 59 minutes West along said lot line 645 feet, thence run South 9 degrees 30 minutes West 600 feet, thence run North 88 degrees 59 minutes East 820 feet, more or less, to the East margin of the right of way of the Georgia Northern Railroad, thence run Northwesterly along the East margin of said railroad right of way to the point of beginning; and property of H. S. Glenn located on the North side of the Moultrie-Meigs Post Road and fronting South on said road 200 feet with a depth of 300 feet.
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Section 2. Said Act is further amended by striking in its entirety subsection (b) of Section 6 and inserting in its place a new subsection (b) to read as follows: (b) The mayor shall have a vote on any matter of the council only in the case of a tie vote. In order to pass any ordinance or resolution or any other matter before the council, it shall require the favorable vote of four of the council or the favorable vote of three of the council and the mayor voting only in case of a tie. Section 3. 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. At 7:00 p.m. on the first Tuesday in July following the regular municipal election in May, 1987, and each regular municipal election thereafter, the council shall meet at the usual place for holding its meetings and the newly elected members shall assume the duties of office. Thereafter, the council shall meet at such times as may be prescribed by ordinances or resolutions, but not less frequently than once each month. Such meetings shall be called by the clerk upon the written request of the mayor, the city manager, or three members of the council. All meetings of the council shall be open to the public, and the rules of the council shall provide that citizens of the city shall have a reasonable opportunity to be heard at any such meeting in regard to any matter considered at such meeting; but, by a vote of four of the members, the council may authorize an executive meeting. Section 4. Said Act is further amended by striking in its entirety paragraph (2) of subsection (c) of Section 18 and inserting in its place a new paragraph (2) to read as follows: (2) To appoint the marshal or chief of police, a superintendent of the water and light plant, a chief of the fire department, and such other officers and employees as may be necessary or proper; provided that excepted from this power of appointment are those officers and employees who by the charter of said city are appointed or elected by the council.
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Section 5. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF A LOCAL BILL Notice is hereby given of intention to apply for the passage at the 1987 regular session of the General Assembly of Georgia of 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. GEORGIA, COLQUITT COUNTY. PERSONALLY APPEARED before me, the undersigned authority, duly authorized to administer oaths, GARY W. BOLEY, who on oath deposes and says that he is the Publisher of the Weekly Moultrie Observer, which is the official organ of Colquitt County, and that the attached Notice of Local Bill was published in the Weekly Moultrie Observer on January 14, 1987. /s/ Gary W. Boley Sworn to and subscribed before me this 23 day of January, 1987. /s/ Hoyt H. Whelchel, Jr. Notary Public, Colquitt County, Georgia My commission expires: 7-31-89 (SEAL) Approved March 31, 1987.
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FORSYTH COUNTY BOARD OF REGISTRATIONS AND ELECTIONS; CREATION. No. 472 (House Bill No. 1091). AN ACT To provide for a Forsyth County Board of Registrations and Elections; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide for a chairman; to provide an administrative office for elections and registrations; to staff such office with clerical assistants and other employees; to provide compensation for administrative personnel and members of the board; to provide for implementation; to provide for matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. There is created in Forsyth County a board of registrations and elections which shall have jurisdiction over the conduct of primaries and elections and the registration of electors in such county in accordance with the provisions of this Act. Such board shall be known as the Forsyth County Board of Registrations and Elections. Section 2. Such board shall be composed of three members, each of whom shall be an elector and a resident of the county, and who shall be selected in the following manner: (1) One member shall be nominated by the chairman of the county executive committee of the political party whose candidate for President at the last election preceding such nomination received the largest number of votes in the county. One member shall be nominated by the chairman of the county executive committee of the political party whose candidate for President at such election received the next largest number of votes in the county. Each nomination shall have been ratified by a majority of the members of each of such respective executive committees voting at a regularly
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scheduled meeting of such executive committees or a meeting duly called and held for such purpose. In the event such nominations are not ratified by a majority of the members of such executive committees at least 60 days preceding the date on which such members are to take office, then the members of the respective executive committees may nominate 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 purpose. In the event the members of said executive committees fail to nominate such members at least 30 days preceding the date on which such members are to take office, such members shall be appointed by the county governing authority. The nominee of each such chairman or county executive committee shall be submitted to the county governing authority for appointment. If the county governing authority rejects a nominee, the chairman or county executive committee shall submit another nominee; and (2) The third member of the board shall be, ex officio, the chief registrar of the county, who shall be designated chairman of the board. Section 3. (a) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective public office, and the position of membership of any member shall be deemed vacant upon such member qualifying as a candidate for an elective public office. (b) No person who has been a member of the board shall be eligible to qualify for an elective public office unless such person has ceased to be a member for at least six months prior to such qualifying. Section 4. (a) The appointment of each member shall be made by the county governing authority filing an affidavit with the clerk of the superior court, no later than 30 days preceding the date at which such member is to take office, stating the name and residence address of the person appointed and certifying that such member has been duly appointed as provided in this Act. (b) The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the
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name of each member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for registrars. (c) In the event the county governing authority fails to make an appointment with the specified time or fails to fill a vacancy within 90 days after such vacancy occurs, the appointment shall be made by the chief judge of the superior court. Section 5. (a) Each member of the board shall: (1) Serve for a term of four years and until a successor is appointed and qualified, except in the event of resignation or removal as hereinafter provided; (2) Be eligible to succeed such member and shall have the right to resign at any time by giving written notice of such resignation to the respective appointing authority and to the clerk of the superior court; and (3) Shall 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. (b) Notwithstanding subsection (a) of this section, the initial member appointed from the political party whose candidate for President received the second largest number of votes in the county shall be appointed for a term of two years and until a successor is appointed and qualified. Section 6. In the event a vacancy occurs in the office of any member other than the chief registrar before the expiration of a term, by removal, death, resignation, or otherwise, the respective appointing authority shall appoint a successor to serve for the remainder of the unexpired term. In the event a vacancy occurs in the office of chief registrar by reason of removal, death, resignation, or otherwise, such office on the board shall be filled by the person succeeding to the office of chief registrar by appointment of the chief judge of the superior court. 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.
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Section 7. (a) The first members of the board under this Act shall be appointed as provided in this Act to take office on September 1, 1987. The board shall take no official action until all members have been certified to the clerk of the superior court. (b) Before entering upon the duties of office, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Section 8. (a) The Forsyth County Board of Registrations and Elections shall be empowered with all the powers and duties relating to the conduct of primaries and elections as election superintendents pursuant to the provisions of Title 21 of the O.C.G.A. (b) The board is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Title 21 of the O.C.G.A. (c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose. Section 9. 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 10. (a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the county governing authority or any other public agency to bear any expense of conducting primaries not otherwise required by law. (b) The board shall have the authority to contract with any municipal corporation located within the county for the holding by the board of any primary or election to be conducted within the municipal corporation. Section 11. With the consent of the governing authority, the board shall be authorized to expend public funds for the
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purpose of preparing and distributing material solely to inform and instruct electors of the county adequately 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 12. (a) The board shall be authorized and empowered to organize itself, 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. (b) Action and decision by the board shall be by a majority of the members of the board. Section 13. (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 or at the place of meeting of the county governing authority. Any special called meetings, held pursuant to the bylaws adopted by the board, shall be held only after notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by the county governing authority 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 that shall be amended to include additions or deletions. Such written record shall be made available for the public to review. Section 14. (a) The chairman of the board of registrations and elections 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 of elections. The board shall fix and establish by appropriate resolution entered on its minutes directives governing the executions of matters within its jurisdiction.
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(b) The chairman shall receive a per diem allowance for each day spent attending to the business of the board in the same amount as received by members of the General Assembly as a daily expense allowance, not to exceed 272 days per year. (c) The two members of the board other than the chairman shall receive no compensation but shall be reimbursed for expenses in attending to the business of the board in the amount of $50.00 each month. (d) No member of the board, including the chairman, shall be considered as an employee of Forsyth County. (e) All amounts payable under this section shall be paid from funds of the county. Section 15. The governing authority of the 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 the governing authority shall deem appropriate in accordance with the merit system. Compensation for such administrative personnel shall be paid by the governing authority under the merit system wholly 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 practicable, from lists provided by the county executive committees of the two political parties nominating members to the board. Section 17. The words election, elector, political party, primary, and public office shall have the same meaning as ascribed to those words by Title 21 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act. Section 18. (a) Effective September 1, 1987, the judge of the probate court and the board of registrars shall be relieved from all powers and duties to which the board of registrations and elections succeeds by the provisions of this Act and shall deliver thereafter to the chairman of the board, upon the chairman's written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
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(b) For the purposes of this Act, the chief registrar in office on September 1, 1987, shall continue in office for the term for which he was appointed. Upon the expiration of a term of office, the successor to the chief registrar shall be chosen in the manner provided in Code Section 21-2-211 of the O.C.G.A., except that only a chief registrar shall be appointed. Section 19. The provisions of this Act which are necessary for the appointment of the members of the Forsyth County Board of Registrations and Elections who will take office September 1, 1987, shall be effective upon the approval of the Governor or upon the date which this Act becomes law without such approval and this Act shall become effective for all purposes on September 1, 1987. Section 20. 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 1987 session of the General Assembly of Georgia a bill to provide for a Forsyth County Board of Registrations and Elections; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide for a chairman; to provide an administrative office for elections and registrations; to staff such office with clerical assistants and other employees; to provide compensation for administrative personnel and members of the board; to provide for matters relative to the foregoing; to provide effective dates; and for other purposes. This 20th day of February, 1987. S-Bill H. Barnett Representative, 10th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Barnett, who, on oath, deposes and says that he is Representative from the 10th District,
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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 25, 1987. /s/ Bill Barnett Representative, 10th District Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. GWINNETT COUNTY MERIT SYSTEM; UNCLASSIFIED SERVICE. No. 473 (House Bill No. 1099). 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), as amended, so as to change certain provisions relating to personnel who are members of the unclassified service; to provide that certain upper managerial or upper supervisory positions shall be in the unclassified service; to provide for exceptions and limitations; to provide for application; to provide for certain benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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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), as amended, is amended by adding at the end of Section 9 a new paragraph, to be designated paragraph (15), to read as follows: (15) (A) Personnel employed by the tax commissioner, sheriff, clerk of the superior court, or judge of the probate court, who are employed or to be employed in an upper managerial or upper supervisory capacity and who consent in writing to accept such upper managerial or upper supervisory positions knowing that such employment is an `unclassified service' as defined under this Act. However, the number of unclassified service personnel in an upper managerial or upper supervisory capacity under this subsection shall not exceed 10 percent of the total number of full-time employees in such particular office in which such employee is employed or to be employed. (B) Nothing in this subsection shall be interpreted to change the employment status of any employee who, on the effective date of this Act, is employed by the tax commissioner, sheriff, judge of the probate court, or clerk of the superior court. (C) Nothing in this subsection shall be interpreted to require or limit all upper managerial and upper supervisory positions to be only unclassified positions. (D) Except for employment and discharge, such employees shall have all benefits afforded to employees in the classified service. Section 2. This Act shall become effective July 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 1987 session of the General Assembly of Georgia a bill to amend
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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), as amended; and for other purposes. This 12 day of February, 1987. -s-Charles Bannister Honorable Charles Bannister Representative, 62nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles E. Bannister, who, on oath, deposes and says that he is Representative from the 62nd 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 20, 1987. /s/ Charles E. Bannister Representative, 62nd District Sworn to and subscribed before me, this 25th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
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BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY MEMBERSHIP; APPOINTMENT; TERMS; QUALIFICATIONS. No. 474 (House Bill No. 1107). AN ACT To amend an Act implementing the Brunswick and Glynn County Development Authority, approved April 2, 1963 (Ga. L. 1963, p. 2826), as amended by an Act approved March 30, 1965 (Ga. L. 1965, p. 2928), an Act approved April 9, 1981 (Ga. L. 1981, p. 4335), and an Act approved March 14, 1983 (Ga. L. 1983, p. 4057), which Act was enacted pursuant to an amendment to the Constitution set out at Ga. L. 1962, p. 810, so as to change the method of appointing the membership; to amend the term of office of such membership; to change the name of the governing body; to provide for qualification of members; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act implementing the Brunswick and Glynn County Development Authority, approved April 2, 1963 (Ga. L. 1963, p. 2826), as amended by an Act approved March 30, 1965 (Ga. L. 1965, p. 2928), an Act approved April 9, 1981 (Ga. L. 1981, p. 4335), and an Act approved March 14, 1983 (Ga. L. 1983, p. 4057), which Act was enacted pursuant to an amendment to the Constitution set out at Ga. L. 1962, p. 810, is amended by striking Section 1 of said Act in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The Brunswick and Glynn County Development Authority shall consist of a board to be known as the Board of Governors composed of five persons appointed by a joint resolution of the governing bodies of Glynn County and the City of Brunswick. At the time of the election of the first Board of Governors, the governing bodies of Glynn County and the City of Brunswick shall elect three members for three-year terms and two members for two-year terms. Thereafter, the term of all members shall be for three years.
5392
No member of the authority may serve for more than two successive terms. If at the end of any term of office of any member, a successor thereto has not been elected, the member whose term of office has expired shall continue to hold office until his successor is appointed. Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The members of the authority shall be taxpayers residing in Glynn County, Georgia. No member shall be an officer or employee of Glynn County or the City of Brunswick. The members of the authority shall elect one of their members as chairperson and another as vice-chairperson and shall also elect a secretary and a treasurer. In the event of a vacancy in the membership of the authority, the authority will submit to the governing bodies of Glynn County and the City of Brunswick the name of one candidate for each vacancy. If any candidate is not acceptable to the governing bodies of Glynn County and the City of Brunswick, the authority will be asked to submit the name of a second candidate. If three of such candidates for a particular vacancy are found to be unacceptable, the governing bodies of Glynn County and the City of Brunswick, by resolution, shall appoint an individual or individuals to fill such vacancy or vacancies. Upon appointment, each member of the authority shall take an oath before a notary public, or other officer authorized to administer oaths, that he or she will truly and faithfully perform the duties of a member of the authority. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Pursuant to the provisions of Section 28-1-14 of the Official Code of Georgia Annotated, notice is hereby given of intention to introduce in the 1987 session of the General Assembly of Georgia the following local legislation: A Bill to be Entitled an Act to amend an act implementing the Brunswick and Glynn County Development Authority, approved
5393
April 2, 1963 (Ga. Law 1963, p. 2826), as amended by an Act approved March 30, 1965 (Ga. Laws 1965, p. 2928), as amended by an Act approved April 9, 1981, (Ga. Laws 1981, p. 4335) and as amended by an act approved March 14, 1983 (Ga. Law 1983 p. 4057), which act was enacted pursuant to an amendment to the Constitution set out at Ga. Laws 1962, page 810, so as to change the method of appointing the membership; to amend the term of office of such membership; to change the name of the governing body; to provide for qualification of members; to repeal conflicting laws and for other purposes. This 25th day of February, 1987. W. HAROLD PATE CHAIRMAN BOARD OF COMMISSIONERS, GLYNN COUNTY, GEORGIA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virginia P. Ramsey, who, on oath, deposes and says that she is Representative from the 155th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following date: February 25, 1987. /s/ Virginia P. Ramsey Representative, 155th District Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
5394
CITY OF BYRON REDEVELOPMENT POWERS; REFERENDUM. No. 475 (House Bill No. 1108). AN ACT To amend an Act establishing the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, so as to authorize the City of Byron 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 establishing the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, is amended by adding immediately following Section 56 a new Section 56A to read as follows: Section 56A. 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. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Byron 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 Byron for approval or rejection. The election superintendent
5395
shall conduct that election on the first Monday in December of 1988 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 Peach County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act authorizing the City of Byron 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, this Act shall not become effective and it 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 Byron. It shall be the superintendent's duty 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 1987 session of the General Assembly of Georgia a bill to amend
5396
an Act establishing the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, so as to authorize the City of Byron 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; and for other purposes. This 20 day of February, 1987. Honorable Robert Ray Representative, 98th District 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 25, 1987. /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
5397
PEACH COUNTY REDEVELOPMENT POWERS; REFERENDUM. No. 476 (House Bill No. 1109). AN ACT To amend an Act establishing the board of commissioners of Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, so as to authorize Peach 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 establishing the board of commissioners of Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, is amended by adding immediately following Section 6A a new Section 6B to read as follows: Section 6B. 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. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Peach County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Peach County for approval or rejection. The election superintendent
5398
shall conduct that election on the same date as the general primary election in 1988 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 Peach County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act authorizing Peach 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, 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, this Act shall not become effective and it shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne by Peach County. It shall be the superintendent's duty 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 1987 session of the General Assembly of Georgia a bill to amend
5399
an Act establishing the board of commissioners of Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, so as to authorize Peach County to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the Redevelopment Powers Laws, as now or hereafter amended, and provide for certain such powers; to provide for a referendum; and for other purposes. This 20 day of February, 1987. Honorable Robert Ray Representative, 98th District 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 25, 1987. /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987.
5400
BUTTS COUNTY BOARD OF COMMISSIONERS; ELECTIONS. No. 477 (House Bill No. 1103). AN ACT To amend an Act creating the board of commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4348), so as to change certain provisions relating to the election of the five-member board of commissioners and remove certain provisions relating to voting precincts; 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 creating the board of commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4348), is amended by striking Section 3A and inserting in its place a new Section 3A to read as follows: Section 3A. (a) The provisions of this section shall supersede any provisions of this Act to the contrary in effect on January 1, 1985. (b) The board of commissioners shall be expanded from three members to five members. (c) The three persons elected to fill the positions of Commission Post No. 1, Post No. 2, and Post No. 3 in the general election of 1984 shall serve out the terms to which they are elected or until they are succeeded, pursuant to the terms of this section, or other applicable provisions of law; and they shall possess and have the duty and responsibility of exercising the power of members of the board of commissioners given them by law until so succeeded. At the conclusion of the terms of office of these three commissioners, those offices shall be abolished and no person shall be elected thereafter
5401
to fill such abolished offices. This section shall not affect in any way the validity of any action taken by the present or past members of the board of commissioners. (d) Except for the elections provided for in subsection (c) of this section, future elections for the board of commissioners shall be conducted on the basis of five single-member districts to be known as District No. 1, District No. 2, District No. 3, District No. 4, and District No. 5. Each such district is particularly described as follows: COMMISSIONER DISTRICT #1: Being located in the eastern portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where Georgia Highway #36 intersects with the Butts County - Newton County Line. From this Point of Beginning southwest along Georgia Highway #36 until it intersects with Stark Road (County Road #289); thence east along Stark Road (County Road #289) until it intersects with Moore Road (County Road #85); thence east along Moore Road (County Road #85) until it intersects with Halls Bridge Road (County Road #292); thence east along Halls Bridge Road (County Road #292) until it intersects with Pratt Smith Road (County Road #87); thence south along Pratt Smith Road (County Road #87) until it intersects with Georgia Highway #16; thence east along Georgia Highway #16 until it intersects with Higgins Road (County Road #301); thence south along Higgins Road (County Road #301) until it intersects with Georgia Highway #42; thence south along Georgia Highway #42 until it intersects with Cenie Road (County Road #139); thence east along Cenie Road (County Road #139) until it intersects with the City Limits of Flovilla, Georgia; thence east and north along the City Limits of Flovilla, Georgia until it intersects with Cenie Road (County Road #139); thence east along Cenie Road (County Road #139) until it intersects with Georgia Highway #87; thence south along Georgia Highway #87 until it intersects with the Butts County - Monroe County Line; thence east and north along the Butts County Line to the Point of Beginning. COMMISSIONER DISTRICT #2: Being located in the southern portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where
5402
Georgia Highway #87 intersects with the Butts County - Monroe County Line. From this Point of Beginning north along Georgia Highway #87 until it intersects with Cenie Road (County Road #139); thence west along Cenie Road (County Road #139) until it intersects with the City Limits of Flovilla, Georgia; thence south and west along the City Limits of Flovilla, Georgia until it intersects with Cenie Road (County Road #139); thence west along Cenie Road (County Road #139) until it intersects with Georgia Highway #42; thence north along Georgia Highway #42 until it intersects with Higgins Road (County Road #301); thence north along Higgins Road (County Road #301) until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with Pratt Smith Road (County Road #87); thence north along Pratt Smith Road (County Road #87) until it intersects with Halls Bridge Road (County Road #292); thence west along Halls Bridge Road (County Road #292) until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with East College Street in the City Limits of Jackson, Georgia; thence south and west along East College Street until it intersects with Georgia Highway #36 (Mulberry Street); thence south along Georgia Highway #36 (Mulberry Street) until it intersects with Brownlee Road (County Road #296); thence south along Brownlee Road (County Road #296) until it intersects with Co-Op Way; thence west along Co-Op Way until it intersects with Georgia Highway #36; thence south along Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence south and west along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36; thence south along Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence south and east along the City Limits of Jackson, Georgia until it intersects with Brownlee Road (County Road #296); thence south along Brownlee Road (County Road #296) until it intersects with the Butts County - Monroe County Line; thence east along the Butts County - Monroe County Line back to the Point of Beginning. COMMISSIONER DISTRICT #3: Being located in the southwestern portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where Brownlee Road (County Road #296) intersects with the Butts
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County - Monroe County Line. From this Point of Beginning north along Brownlee Road (County Road #296) until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36; thence north along Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence east and north along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36; thence north along Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Old Griffin Road (County Road #203); thence west along Old Griffin Road (County Road #203) until it intersects with Imogene Goff Drive (City Limits of Jackson, Georgia); thence north along Imogene Goff Drive (City Limits of Jackson, Georgia) until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with Old Griffin Road (County Road #203); thence north and west along Old Griffin Road (County Road #203) until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with the Butts County - Spalding County Line; thence south along the Butts County - Spalding County Line and thence east along the Butts County - Lamar County Line and the Butts County - Monroe County Line back to the Point of Beginning. COMMISSIONER DISTRICT #4: Being located in the central portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where Georgia Highway #36 intersects with Stark Road (County Road #289). From this Point of Beginning northeast along Stark Road (County Road #289) until it intersects with Moore Road (County Road #85); thence east along Moore Road (County Road #85) until it intersects with Halls Bridge Road (County Road #292); thence south along Halls Bridge Road (County Road #292) until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with East College Street in the City Limits of Jackson, Georgia; thence south and west along East College Street until it intersects with Georgia Highway #36 (Mulberry Street); thence south along Georgia Highway #36 (Mulberry Street) until it intersects with Brownlee Road (County Road #296);
5404
thence south along Brownlee Road (County Road #296) until it intersects with Co-Op Way; thence west along Co-Op Way until it intersects with Georgia Highway #36; thence south along Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Old Griffin Road (County Road #203); thence east along Old Griffin Road (County Road #203) until it intersects with Wesley Drive; thence south along Wesley Drive until it intersects with Cedar Street; thence east along Cedar Street until it intersects with West College Street; thence east along West College Street until it intersects with Peachtree Street; thence north along Peachtree Street until it intersects with McDonough Road; thence north along McDonough Road until it intersects with Watson Creek; thence west along Watson Creek until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Paul Maddox Road (County Road #214); thence west along Paul Maddox Road until it intersects with the City Limits of Jackson, Georgia; thence north and east along the City Limits of Jackson, Georgia until it intersects with the Southern Railroad; thence southeast and east along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36; thence north along Georgia Highway #36 back to the Point of Beginning. COMMISSIONER DISTRICT #5: Being located in the northwestern portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where Georgia Highway #16 intersects with the Butts County - Spalding County Line. From this Point of Beginning east along Georgia Highway #16 until it intersects with Old Griffin Road (County Road #203); thence east along Old Griffin Road (County Road #203) until it intersects with Georgia Highway #16; thence east along Georgia Highway #16 until it intersects with Imogene Goff Drive (City Limits of Jackson, Georgia); thence south along Imogene Goff Drive (City Limits of Jackson, Georgia) until it intersects with Old Griffin Road (County Road #203); thence east along Old Griffin Road (County Road #203) until it intersects with Wesley Drive; thence south along Wesley Drive until it intersects with Cedar Street; thence east along Cedar Street until it intersects with West College Street; thence east along West College
5405
Street until it intersects with Peachtree Street; thence north along Peachtree Street until it intersects with McDonough Road; thence north along McDonough Road until it intersects with Watson Creek; thence west along Watson Creek until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Paul Maddox Road (County Road #214); thence west along Paul Maddox Road (County Road #214) until it intersects with the City Limits of Jackson, Georgia; thence north and east along the City Limits of Jackson, Georgia until it intersects with the Southern Railroad; thence southeast and east along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36; thence north along Georgia Highway #36 until it intersects with the Butts County - Newton County Line; thence north and west along the Butts County - Newton County Line and south and west along the Butts County - Henry County Line and the Butts County - Spalding County Line. (e) In order to fill the position of Commission Districts No. 4 and 5, there shall be a special, nonpartisan election called for the third Tuesday of August, 1985, in accordance with procedures for special elections under Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' Candidates for Commission Districts No. 4 and 5 shall be residents of the district for which they are candidates. Only the qualified electors of each of the commission districts electing the commissioners for Districts No. 4 and No. 5, may vote for the candidates for said districts; and election shall be solely by the vote of electors who reside in the respective commission districts. (f) The persons elected at the special election for Commission Districts No. 4 and No. 5 in 1985 shall take office immediately upon certification of the election returns and issuance of certificates of election. The person so elected to District No. 4 shall serve a term which expires January 1, 1989, or until his successor is elected and qualified. The person elected to District No. 5 shall serve a term which expires January 1, 1987, or until his successor is elected and qualified. Thereafter, the persons elected to fill the positions of Commission Districts No. 4 and No. 5 shall be elected pursuant to the regular election procedures, including partisan
5406
primaries, of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' at the regular general election immediately preceding the expiration of the terms of the commissioners they are elected to succeed. The persons so elected, and their successors thereafter, shall be elected to four-year terms. (g) At the general election in 1986, there shall be an election in Commission District No. 3 to choose the successor to the office of the person elected to Commission Post No. 3 at the general election in 1984. The commissioner of Post No. 3 shall serve until such time as a person is elected and qualified for District No. 3. (h) At the general election in 1988, there shall be an election in Commission Districts No. 1 and No. 2 to choose the successor to the offices of the persons elected to Commission Posts No. 1 and No. 2 at the general election in 1984. The commissioners of Post No. 1 and No. 2 shall serve until such time as persons are elected and qualified for Districts No. 1 and No. 2, respectively. (i) After the terms of office filled by the general election in 1984 and the special election of the third Tuesday of August, 1985, as called for above, successors to the members of the board elected pursuant to this section shall each be elected at the general election immediately preceding the expiration of their respective terms and shall each take office on January 1, immediately following their election for terms of four years and until the election and qualification of their respective successors, and: (1) The commissioner elected from each commission district shall be required to reside within the district, and each commissioner shall be nominated or elected in any election, whether it be primary, run-off, special, or general, solely by the electors who reside in the respective commission districts; and (2) The majority vote requirement shall continue to be in effect for the election of members of the board of commissioners as provided by state law. (j) Those persons elected to Commission Posts No. 1, No. 2, and No. 3 elected at the general election in 1984
5407
shall continue in their offices as provided by law. However, at the first meeting of the commission subsequent to the special election held on the third Tuesday of August, 1985, or at any subsequent meeting, the members of the commission may decide by majority vote to assign the members elected to Commission Posts No. 1, No. 2, and No. 3 to represent Districts No. 1, No. 2, and No. 3, as described in subsection (d), in the event that: (1) Any of the Districts No. 1, No. 2, and No. 3 do not have a commissioner residing in said district; (2) Any of the commissioners elected to Posts No. 1, No. 2, and No. 3 reside in a district from which there is a commissioner elected solely by the electors of that district; or (3) Any two or more commissioners reside within the same district; provided that, if any commissioner elected to Commission Post No. 1, No. 2, or No. 3 is the sole member of the commission residing in a district from which there is no commissioner elected solely by the electors of that district, said commissioner shall be assigned to be the representative of that district. (k) 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. (l) Subsequent to the taking of the oath of office by the persons elected at the special election of the third Tuesday of August, 1985, three members of the board of commissioners shall constitute a quorum to conduct and transact business as a board. Each person elected and qualified to hold office as a member of the board of commissioners elected from a district shall receive the same annual compensation and allowances
5408
as is now or shall hereafter be allotted for each member of the board of commissioners. The chairman of the board of commissioners shall continue to receive such compensation or allowances as is now or shall hereafter be allotted by law. (m) Any vacancy on the board of commissioners shall be filled under the appropriate provisions of state law; however, any persons seeking to fill a vacancy on the board shall reside within the district in which the vacancy exists. 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4348); and for other purposes. This 30th day of January, 1987. Larry Smith Representative 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 4, 1987. /s/ Larry Smith Representative, 78th District
5409
Sworn to and subscribed before me, this 6th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. CITY OF FORT VALLEY REDEVELOPMENT POWERS; REFERENDUM. No. 478 (House Bill No. 1110). AN ACT To amend an Act creating a new charter for the City of Fort Valley, approved August 22, 1907 (Ga. L. 1907, p. 651), as amended, so as to authorize Fort Valley 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 creating a new charter for the City of Fort Valley, approved August 22, 1907 (Ga. L. 1907, p. 651), as amended, is amended by adding immediately following Section 43 a new Section 43A to read as follows: Section 43A. The city shall have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the `Redevelopment Powers
5410
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. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Fort Valley 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 Fort Valley for approval or rejection. The election superintendent shall conduct that election on the first Wednesday in April of 1988 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 Peach County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act authorizing the City of Fort Valley 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, this Act shall not become effective and it 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 Fort Valley. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
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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 1987 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Fort Valley, approved August 22, 1907 (Ga. L. 1907, p. 651), as amended, so as to authorize Fort Valley 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; and for other purposes. This 20 day of February, 1987. Honorable Robert Ray Representative, 98th District 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 25, 1987. /s/ Robert Ray Representative, 98th District
5412
Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. HOUSTON COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 479 (House Bill No. 1111). AN ACT To amend an Act making provisions for the Magistrate Court of Houston County, approved March 1, 1984 (Ga. L. 1984, p. 3652), so as to provide for the collection of additional costs in cases before the Magistrate Court of Houston County as law library fees; to provide for the amount of such fees; to provide for practices and procedures relating to the collection and remittance of such fees; 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 Houston County, approved March 1, 1984 (Ga. L. 1984, p. 3652), is amended by adding, following Section 3, a new Section 3.1 to read as follows: Section 3.1. In addition to all other legal costs, the sum of $5.00 shall be charged and collected as law library fees for each case filed in the Magistrate Court of Houston County.
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The chief magistrate or, if so designated by the chief magistrate, the clerk of the magistrate court shall collect the law library fees authorized by this section and shall remit such fees to the secretary-treasurer of the board of trustees of the Houston County law library on or before the tenth day of the month immediately following the month in which such fees are collected. A case, within the meaning of this section, shall mean and be construed as any civil or criminal matter which is docketed upon the official docket of the Magistrate Court of Houston County and to which a number is assigned whether such matter is contested or not. 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 1987 session of the General Assembly of Georgia a bill to amend an Act making provisions for the Magistrate Court of Houston County, approved March 1, 1984 (Ga. L. 1984, P. 3652); and for other purposes. This 19th day of February, 1987. Larry Walker District 115 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, Not to Intention to Introduce Local Legislation (Ga. L. 1984, P. 3652) was published in The Houston Home Journal on the following dates: Feb 25, 1987
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This 26th day of February, 1987. /s/ Jim Kerce Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this 26th day of February, 1987. /s/ Marie McLeroy Notary Public Houston County (SEAL) Approved March 31, 1987. HOUSTON COUNTY STATE COURT; COSTS IN CIVIL CASES. No. 480 (House Bill No. 1112). AN ACT To amend an Act creating and establishing the State Court of Houston County, approved February 28, 1975 (Ga. L. 1975, p. 2584), as amended, so as to change the provisions relating to costs in civil cases in 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 and establishing the State Court of Houston County, approved February 28, 1975 (Ga. L. 1975, p. 2584), as amended, is amended by striking Section 30 in its entirety and inserting in lieu thereof a new Section 30 to read as follows:
5415
Section 30. The scale of costs in all civil cases to be collected by officers of said state court shall be the same as the scale of costs in the Superior Court of Houston County. The costs in criminal cases shall be the same as the costs in the Superior Court of Houston County. All fees, fines, costs and other monies shall be collected by the proper officers of said court and once a month shall be turned over to the Board of County Commissioners of Houston County, Georgia, and shall become and be the property of Houston 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an act creating and establishing the State Court of Houston County, approved February 28, 1975 (Ga. L. 1975, p. 2584); as amended; and for other purposes. This 18th day of February, 1987. Ted Waddle District 113 Honorable Roy H. Watson, Jr. Representative 114th District Honorable Larry Walker Representative, 115th District 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 to Introduce Local Legislation (Ga. L. 1975, P. 2584) was published in The Houston Home Journal on the following dates: February 25, 1987.
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This 26th day of February, 1987. /s/ Jim Kerce Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this 26th day of February 1987. /s/ Marie McLeroy Notary Public Houston County (SEAL) Approved March 31, 1987. CLAYTON COUNTY BOARD OF EDUCATION; COMPENSATION. No. 481 (House Bill No. 1084). AN ACT To amend an Act to change the composition of and the manner of selection of the members of the board of education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4413), so as to change the compensation of the chairman or president 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 to change the composition of and the manner of selection of the members of the board of education
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of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4413), is amended by striking from Section 2 the following: $200.00 and $150.00, respectively, and substituting in lieu thereof the following: $450.00 and $400.00, respectively, so that when so amended Section 2 shall read as follows: Section 2. The chairman or president of the board of education of Clayton County shall receive $450.00 per month for attending meetings of the board, and each of the remaining members shall receive $400.00 per month for attending meetings of the board. Such compensation shall be paid from the funds of said 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act changing the composition and manner of selecting members of the board of education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431); and for other purposes. This 18th day of February, 1987. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who,
5418
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 18, 1987. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 19th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. CITY OF CUMMING WATER AND SEWER SERVICE AREA BOUNDARIES; INTERGOVERNMENTAL CONTRACTS. No. 482 (House Bill No. 1090). AN ACT To amend an Act creating a new charter for the City of Cumming, approved March 28, 1935 (Ga. L. 1935, p. 1001), as amended, particularly by an Act approved April 9, 1968 (Ga. L. 1968, p. 3345), so as to provide water and sewer service area boundaries for the city; to provide for intergovernmental contracts with affected political subdivisions; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. An Act creating a new charter for the City of Cumming, approved March 28, 1935 (Ga. L. 1935, p. 1001), as amended, particularly by an Act approved April 9, 1968 (Ga. L. 1968, p. 3345), is amended by striking in its entirety Section 57A, which reads as follows: Section 57A: The governing authority of the City of Cumming shall have the power and authority to expend city funds to construct and maintain water lines and to sell city water outside the corporate limits of said city., and inserting in its place a new Section 57A to read as follows: Section 57A. (a) The governing authority of the City of Cumming shall have the power and authority to expend city funds to construct and maintain water and sewer lines and to sell water and provide sewer service within the city limits and within the following described boundaries: BEGINNING at the City Limits and West along Kelley Mill Road, a 300 foot strip either side of Kelley Mill Road to Kelley Creek; thence Northerly along the City Limits of Cumming, Georgia, to County Road 374; thence Westerly to the junction of County Road 328 and Chamblee Gap Road; thence Northwesterly along Chamblee Gap Road including a 300 foot strip along the Southwest side of Chamblee Gap Road to the first branch of Kelley Creek; thence Northerly along the West boundary of GMD 879 to State Route 20; thence a 300 foot strip along the Southerly side of State Route 20 Westerly to County Road S2348, also including Mountain Valley Subdivision on Southwest side of State Route 20; thence Southerly along County Road S2348 continuing the 300 foot strip to Chamblee Gap Road including all those homes fronting Brookfield Circle; thence a 300 foot strip on the West side of County Road S2348 Northerly to County Road 326, thence Westerly on the North Side and West Side of County Road 326 to the intersection of Chamblee Gap Road; thence Northerly along Chamblee Gap Road with a 300 foot strip on the Eastern side to the intersection of State Route 20; thence commencing at State Route 20 and running Southerly with a 300 foot strip on the West side of Chamblee Gap Road to the intersection of County Road
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326 then Northerly and Easternly with a 300 foot strip on the East side of County Road 326; thence Westerly along State Route 20 continuing the 300 foot strip on the South side of State Route 20 to the Cherokee County Line; thence Easterly along State Route 20 continuing a 300 foot strip along the North side of State Route 20 to Doc Sams Road; thence continuing the 300 foot strip on the West side of Doc Sams Road Northerly to County Road 25, including any subdivisions served by an existing 6[Prime] line adjacent to the West side of Doc Sams Road; thence continuing the 300 foot strip on the Easterly side of Doc Sams Road Southerly along Doc Sams Road to State Route 20 including those homes fronting County Road 464 and Evergreen Valley N.W. S/D, and any other subdivisions adjacent to the East side of Doc Sams Road served by an existing 6[Prime] line; thence continuing a 300 foot strip on the North side of State Route 20 Easterly to Friendship Circle, continuing a 300 foot strip along the Northern side of Friendship Circle including all that property between Friendship Circle and State Route 20, back to State Route 20 continuing a 300 foot strip on the North side of State Route 20 Easterly to County Road 277, continuing a 300 foot strip on the Westerly side of County Road 277 Northerly to Dr. Bramblett Highway; thence a 300 foot strip on the Easterly side of Dr. Bramblett Highway back to State Route 20, including all that property between County Road 277, Dr. Bramblett Highway and State Route 20, as well as County Road P518; thence continuing the 300 foot strip on the Northeastern side of State Route 20 Southeasterly to State Route 306; thence a 300 foot strip on the Northerly side of State Route 306 Easterly to County Road 201 including all that property between GMD 879, Chamblee Gap Road, State Route 20, State Route 306, County Road 374 and the City Limits of the City of Cumming, Georgia; thence Northerly along Bettes Gap/Tribble Gap Road to Timberland Heights, N.W. Subdivision including all homes fronting existing subdivision roads; thence continuing Easterly from the first branch of Sawnee Creek North of State Route 306 to Sawnee Creek; thence to the City Limits of the City of Cumming, Georgia and State Route 9; thence continuing a 300 foot strip on the Westerly side of State Route 9, Northerly to State Route 369 including a 300 foot strip either side of Spot Road from State Route 9 Westerly to
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County Road 280; thence Southerly on County Road 280 and take the entire road East along County Road 560 the entire road 300 feet both sides, County Road 199 and Hammond Drive both sides of road then coming back to Spot Road down Spot Road to County Road 197 North on County Road 197 300 feet on both sides until it intersects with State Route 369; thence Easterly on State Route 369 to the intersection of Highway 9 with a 300 foot strip on the South side of this road; thence a 300 foot strip on the Easterly side of State Route 9 Southerly from State Route 369 to Sawnee Creek and the City Limits of the City of Cumming, Georgia including all those City Limits North of shopping area, North of Pilgrim Road and South of Pilgrim Road and a 300 foot strip either side of Pilgrim Road from State Route 9 Easterly a distance of approximately 2000 feet, including existing 6[Prime] line leading off South side of Pilgrim Road; thence Easterly from S.R.9 the City Limits of the City of Cumming, Georgia, to an intersection of Pilgrim Mill Road and the City Limits of Cumming, Georgia; thence a 300 foot strip on the Northerly side of Pilgrim Mill Road, Northeasterly to near Bald Ridge Creek at the City of Cumming/Forsyth County water meter; thence a 300 foot strip on the Southerly side of Pilgrim Mill Road Southwesterly to the Eastern City Limits of Cumming, Georgia; thence South along the Eastern City Limits of Cumming, Georgia, to an intersection with U.S. 19 (Ga. 400); thence Northeasterly along U.S. 19 (Ga. 400) to Bald Ridge Creek including all that property directly fronting U.S. 19 (Ga. 400); thence South and Easterly along the South and West side of Bald Ridge Creek and Lake Lanier to the Sawnee Public Access Area and Buford Dam Road; thence Northwesterly along Buford Dam Road to an intersection with Samples Road; thence a 300 foot strip on the Southerly side of Samples Road Southwesterly to State Route 20; thence Southeasterly along State Route 20 a 300 foot strip either side of State Route 20 from the intersection of Samples Road to Twin Branches Road; thence continuing Northwest-ward from Samples Road, a 300 foot strip along the Westerly side of State Route 20 from Samples Road to State Route 9; thence Westerly a 300 foot strip along the Southerly side of State Route 9 to Hutchinson Road; thence Northwesterly along Hutchinson Road to Castleberry Road; thence Easterly along Castleberry Road to the City
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Limits of Cumming, Georgia; thence along the Westerly limits of the City of Cumming, Georgia to the point of beginning at Kelley Road including all that property bounded by The City of Cumming, Castleberry Road, Hutchinson Road, State Route 9, State Route 20, Samples Road, including Mashburn School 300 feet each side of the road entering and leaving this school; thence back to Samples Road, then to Buford Dam Road, to the Sawnee Public Access Area, Southwesterly side of Lake Lanier and Bald Ridge Creek to U.S. 19 (Ga. 400) and thence to the Eastern limits of the City of Cumming and a 300 foot strip on the Northwesterly side of Castleberry Road from Hutchinson Road to Piney Grove Road, a 300 foot strip on the Southwesterly side of Piney Grove Road from Castleberry Road to State Route 9 including those homes fronting County Roads P483, 329, 330 and Joe Drive; thence a 300 foot strip either side of State Route 9 Southwesterly from Piney Grove Road to County Road 384; thence a 300 foot strip on the Northeasterly side of State Route 9 from Piney Grove Road Northeasterly to Hutchinson Road. That area bounded by Hutchinson Road, State Route 9, Piney Grove Road and Castleberry Road with the exception of homes fronting those roads, shall be considered outside of the Cumming Water System Boundary Limits. Also included without enlarging the boundary limits provided for herein, is the right to continue to serve existing lines not set forth herein to the extent of allowing for the maintenance and operation and collection of fees from said lines and any new service taps along said lines. Said service taps not to exceed 300 feet in length. (b) As used in subsection (a) of this section, references to the city limits of the City of Cumming refer to the city limits as the same existed on March 1, 1987. (c) In addition to the area described in subsection (a) of this section, the city shall have the power and authority to expend city funds to construct and maintain water and sewer lines and to sell water and provide sewer service outside the described area if the city and the affected political subdivision first enter into an intergovernmental contract for the provision of services as provided in Article IX, Section III, Paragraph I of the Constitution of the State of Georgia.
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The powers of the city, the areas to be served, and other such details shall be as provided in such contracts. (d) In the absence of a valid, effective intergovernmental contract, whether such absence results from a failure to agree, a breach of contract, noncompliance by a party, a judicial ruling, or otherwise, the service area of the city shall be the area described in subsection (a) of this section plus the additional areas actually served, and only such areas actually served, on the date that any such contract is abrogated, breached, or otherwise becomes unenforceable. (e) Except as provided in subsections (c) and (d) of this section, this section shall not be construed to affect any intergovernmental contract between the city and any affected political subdivision. 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating a charter for the City of Cumming, approved March 28, 1935 (Ga. L. 1935, P. 1001), as amended; and for other purposes. This 6th day of February, 1987. S-Bill Barnett Representative, 10th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill 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 11, 1987.
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/s/ Bill Barnett Representative, 10th District Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. ELLIJAY-GILMER COUNTY WATER AND SEWERAGE AUTHORITY CREATION. No. 483 (House Bill No. 1080). AN ACT To create the Ellijay-Gilmer 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 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
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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 the City of Ellijay, the City of East Ellijay, or Gilmer 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 other matters relative to the foregoing; to provide an effective date; to repeal an Act creating the Gilmer County Water and Sewerage Authority, approved March 29, 1984 (Ga. L. 1984, p. 5215); 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 Ellijay-Gilmer County Water and Sewerage Authority Act. Section 2. Ellijay-Gilmer County Water and Sewerage Authority. (a) There is created a body corporate and politic, to be known as the Ellijay-Gilmer 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 bring and defend actions in all courts. The authority shall have perpetual existence. (b) The authority shall be composed of five members as follows: one member shall be appointed by the commissioner
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of Gilmer County; one member shall be appointed by the governing authority of the City of East Ellijay; and three members shall be appointed by the governing authority of the City of Ellijay. The terms of the initial members of the authority shall be staggered as follows: the member appointed by the commissioner of Gilmer County shall serve for an initial term ending on April 1, 1992; the member appointed by the governing authority of the City of East Ellijay shall serve for an initial term ending on April 1, 1991; the three members appointed by the governing authority of the City of Ellijay shall serve initial terms ending on April 1, 1990, April 1, 1989, and April 1, 1988, respectively. The initial members of the authority shall take office immediately upon their appointment and qualification and shall serve until their respective successors are duly appointed and qualified. Successors shall be appointed in the same manner as the initial members in the month of March immediately preceding the expiration of a member's term of office, and such successor shall take office on the first day of April for a term of five years and until his respective successor is duly appointed and qualified. Any member of the authority may be selected and appointed to succeed himself. Immediately after such appointments, 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 Gilmer 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 April 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 also 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 their successors are duly elected and qualified. The chairman of the authority shall be entitled to vote upon any issue, motion, or resolution.
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(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 commissioner or the governing authority originally appointing the member whose position is vacant 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 Gilmer 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. (a) Definitions. As used in this Act, the term: (1) Authority means the Ellijay-Gilmer 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',
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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 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, inside and outside the territorial boundaries of Gilmer 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, inside and outside the territorial boundaries of Gilmer 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.
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(4) Revenue bonds and bonds 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 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. (b) 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
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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 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 inside and outside the State of Georgia, and between the authority and public bodies, including counties and cities outside the State of Georgia;
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(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 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 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
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by this Act 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 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, 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 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 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.
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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 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 the City of Ellijay, the City of East Ellijay, or Gilmer County nor a pledge of the faith and credit of said cities or county; but such bonds shall be payable solely from the fund
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hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said cities or 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 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 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,
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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 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
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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 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 given in this Act 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. 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
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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 Ellijay-Gilmer 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 Gilmer 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
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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 municipalities and citizens in Gilmer 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
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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. 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 Gilmer 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 Gilmer 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. Effect on other governments. This Act shall not and does not in any way take from Gilmer 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 29. 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.
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Section 30. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 31. Specific repealer. An Act creating the Gilmer County Water and Sewerage Authority, approved March 29, 1984 (Ga. L. 1984, p. 5215), is repealed in its entirety. 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 1987 session of the General Assembly of Georgia a bill to create the Ellijay-Gilmer County Water and Sewerage Authority; to provide for its powers, duties, and authority; to provide for projects; to provide for bonds; to provide for practices and procedures; to provide for jurisdiction; to provide for other matters relative to the foregoing; to repeal an Act creating the Gilmer County Water and Sewerage Authority, approved March 29, 1984 (Ga. L. 1984, p. 5215); and for other purposes. This 11 day of Feb., 1987. (s)Rep. Carlton Colwell District 4 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 19, 1987. /s/ Carlton H. Colwell Representative, 4th District
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Sworn to and subscribed before me, this 26th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 31, 1987. WHITE COUNTY BOARD OF COMMISSIONERS; RE-CREATION; ELECTIONS; POWERS; DUTIES; REFERENDUM. No. 484 (House Bill No. 1113). AN ACT To amend an Act creating a board of commissioners of White County, approved March 21, 1970 (Ga. L. 1970, p. 2993), as amended by an Act approved February 18, 1977 (Ga. L. 1977, p. 2717), so as to recreate the board of commissioners of White County to consist of a chairman and two other members; to provide for the qualifications of said chairman and other members; to provide for the election of the members of said board of commissioners and for their terms of office; to provide for the filling of vacancies; to provide for the commission and bonds for the chairman and other members of said board; to provide for meetings of said board; to provide for a clerk of said board; to provide for the powers and duties of said board; to provide for all matters relative to the foregoing; to provide when the provisions of this Act shall become effective; to repeal specific laws; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. An Act creating a board of commissioners of White County, approved March 21, 1970 (Ga. L. 1970, p. 2993), as amended by an Act approved February 18, 1977 (Ga. L. 1977, p. 2717), is amended by striking Sections 1 through 13 and inserting in lieu thereof new Sections 1 through 11 to read as follows: Section 1. (a) There is created a board of commissioners of White County to consist of a chairman and two other members to be elected by the qualified voters of White County as hereinafter provided. (b) The chairman and other members of said board of commissioners shall be qualified electors eligible to vote for members of the General Assembly of Georgia and shall have resided within White County at least one year prior to their election. The chairman shall be at least 25 years of age prior to his election and the other members shall be at least 21 years of age prior to their election. Section 2. (a) For the purposes of electing the chairman and other members of said board, candidates for chairman shall offer as candidates for that office, and there shall be two commissioner posts, to be designated Post 1 and Post 2, for the other two commissioners. Candidates for commissioner shall designate the commissioner post for which they are offering. All candidates for chairman and commissioner may reside anywhere within White County and shall be elected by a majority of the qualified voters of the entire county voting in the elections held for that purpose. All such elections shall be held and conducted as provided by law for the election of county officers. (b) The members of the board shall be elected in the general election which shall take place immediately prior to the expiration of their respective terms of office. Candidates who are elected to office shall take office on the first day of January following their election. Those candidates who are elected to represent Post 1 and Post 2 in the 1988 general election shall serve for terms of office for two years and until their successors are duly elected and qualified. Thereafter their successors shall be elected to terms of office for four years and until their successors are duly elected and qualified.
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The candidate who is elected to serve as chairman of the board of commissioners of White County in the 1988 general election shall serve for a term of office of four years. His successor shall be elected to a term of office of four years and until his successor is duly elected and qualified. Except as otherwise provided herein as is necessary to obtain a staggering of the terms of the members of the board of commissioners, the terms of office of the members of the board shall be for four years and until their successors are duly elected and qualified. (c) In the event a vacancy occurs in the chairmanship or other member of said board when more than six months remain before the expiration of the term of office, it shall be the duty of the probate judge of White County, as election superintendent for the county, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Any such special election shall be governed by the provisions of law providing for the holding and conducting of special elections. In the event a vacancy occurs in the chairmanship or other member of said board with six months or less remaining before the expiration of the term of office, the probate judge shall appoint a person qualified for the office of chairman or for commissioner, as the case may be, for the unexpired term. Section 3. The chairman and other members of the board of commissioners of White County shall be commissioned by the Governor of Georgia, shall make and subscribe, before any officer authorized to administer oaths, an oath for the faithful discharge of their duties and to account for all funds and property of said county coming into their possession. Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the probate judge, and payable to the probate judge and his successors in office, conditioned upon the faithful discharge of their duties, and to account for all funds and property of said county coming into their possession. The surety on said bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the probate judge and shall be recorded upon his minutes.
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Section 4. Said board of commissioners shall hold a regular meeting for the transaction of public business pertaining to county matters which shall be held in an appropriate office of the courthouse of White County on the first Tuesday in each month of the year, but said board of commissioners may hold sessions at any time they deem proper, upon the call of the chairman or upon the written request of two commissioners. The members of said board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county. Section 5. The board of commissioners shall employ a clerk, road superintendent, and such other personnel as said board deems necessary. All such personnel shall receive the compensation fixed by the board which shall be paid from county funds. It shall be the duty of the clerk of said board to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. He shall file and keep in the order of their date all original orders and papers, petitions, applications, and other papers addressed to the board of commissioners concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the board of commissioners, giving the amount and date of said such payments, and the persons to whom paid and for what purposes paid. Said clerk shall also keep a book showing a full and detailed statement of all accounts and other indebtedness, contracted by the board of commissioners. All the books, files, and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspection by any taxpayer of the county during normal working hours. Said clerk before entering on the discharge of his duties shall be required to give bond and take the same oath as required by commissioners which bond shall be in the sum of $5,000.00, payable to the said board of commissioners for the faithful performance of his duties. Said clerk shall hold said office at the pleasure of the board of commissioners. Section 6. Two members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least two members of said board.
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The chairman of said board shall preside at meetings and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized by said board and shall at each regular meeting of said board submit a report of the condition of the county affairs and make to said board such recommendations as he may deem proper. The board of commissioners shall set such rules and policies as may be necessary for the proper functioning of the board meetings. In all meetings and in all matters, the majority of the board members voting shall govern the actions of the board and each member thereof. Section 7. (a) The chairman of the board of commissioners shall be the presiding officer at all meetings of the board unless said chairman is absent, in which event one of the other commissioners shall preside at said meeting. (b) The chairman of the board of commissioners shall receive a salary of $20,000.00 per year which shall be paid in equal monthly installments from the funds of White County. (c) The other members of the board shall receive a salary of $500.00 per month payable from the funds of White County. Section 8. (a) Said board of commissioners of White County shall have exclusive jurisdiction and control over the following matters, to wit: in controlling all of the property belonging to said county as they may deem expedient according to law, including the proceeds of the sale of any and all bonds which may have heretofore been authorized or which may hereafter be authorized in said county; in supervising tax collector's and tax receiver's books; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management, or disbursement of funds belonging to the county, and in bringing them to settlement; in providing for the poor of the county; and for the promotion of health as granted by law or not inconsistent with law; to levy taxes for county purposes; to examine the tax digest of said county for the correction of errors; in regulating or fixing license fees as may be provided by the law; in requiring any county officer or department to submit budget information and budget requests; in maintaining and
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operating the county public correctional institution or other similar facility of the county as provided by law, such as superintendents, wardens, guards of convicts, and district road overseers; in providing an annual budget and acting on all budgetary matters and budgetary requests; and to have and exercise all the power heretofore vested in the ordinary of said county when sitting for county purposes, and to exercise such other powers and duties as are now or as may hereafter be provided by law for governing authorities of counties, by whatever name called, or as may be indispensable to their jurisdiction over county matters and county finances. (b) The chairman of the board shall devote his full time to the business and interests of said county of White in the performance and discharge of his duties. Section 9. The treasurer of White County or depository of said county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been approved by the board of commissioners and signed by the chairman of the board of commissioners; provided this requirement shall not apply to the jury script issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney; provided further that the board of commissioners may by proper resolution prescribe rules and regulations which provide for the signing of checks by a person or persons other than the chairman for the disbursements of county funds. Unless changed by proper resolution, only the signature of the chairman of the board of commissioners shall be required to disburse funds. Section 10. The fiscal year of the county shall begin on the first day of July and end on the last day of June of the succeeding year. Prior to the first day of September of each year, the county commissioners shall have a complete audit made by a certified public accountant of the fiscal affairs of the county. The entire audit shall be furnished the probate judge and the grand jury meeting after the audit report has been completed. The probate judge shall post a copy of the entire audit on the bulletin board at the courthouse and shall notify the residents of White County that the audit is
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so posted and that the entire audit report may also be inspected in the office of the probate judge during business hours. The probate judge shall permit any interested person to inspect the audit report during business hours. A summary of the audit, which shall be prepared by the certified public accountant, shall be published in said official organ as soon as it is available from the said certified public accountant. The cost of all such publication in the official organ of White County shall be paid by county funds. Section 11. Said board shall have the authority to employ a competent attorney at law 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 salary or compensation as may be fixed by the board, and said county attorney shall serve at the pleasure of the board. Whenever it is deemed necessary, said board may employ additional counsel to assist the county attorney who shall be paid such compensation as the board may direct out of regular funds of the county. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of White County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of White County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the March, 1988, presidential preference primary 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 White County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a board of commissioners of White County? 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 January 1, 1989,
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except that the provisions relating to election of members of the board 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 White 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 in the regular 1987 session of the General Assembly of Georgia a local bill to amend an Act creating a Board of Commissioners of White County, approved March 21, 1970 (Ga. L. 1970, p. 2993), as amended, so as to provide for the creation of a Board of Commissioners of White County to consist of a chairman and two other members; to provide for the qualifications of said chairman and other members; to provide for the election of members of said Board of Commissioners and for their terms of office; to provide for the filling of vacancies; to provide for oaths and bonds; to provide for meetings of the Board of Commissioners; to provide for county employees and for a Clerk of said Board; to provide for the compensation of Commissioners; to provide for the powers, duties and responsibilities of the Board of Commissioners; to provide for expenditure of county funds; to provide for a fiscal year; to provide for the employment of a county attorney; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. This 3rd day of February, 1987. s/ Gene Westmoreland Chairman, White County Board of Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Dover, who,
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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 White County News which is the official organ of White County, on the following date: February 5, 1987. /s/ William J. Dover Representative, 11th District Sworn to and subscribed before me, this 2nd day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21. 1989 (SEAL) Approved March 31, 1987. DEKALB COUNTY STATE COURT; ADDITIONAL JUDGE. No. 524 (House Bill No. 774). 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 March 6, 1956 (Ga. L. 1956, p. 3137), an Act approved March 27, 1972 (Ga. L. 1972, p. 2862), an Act approved March 31, 1976 (Ga. L. 1976, p. 3488), and an Act approved April 12, 1985 (Ga. L. 1985, p. 5140), so as to add a judge to said court; to provide for the appointment, election, and term of office of said additional judge and successors to such judge; to continue the existing terms of the present
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judges 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 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 March 6, 1956 (Ga. L. 1956, p. 3137), an Act approved March 27, 1972 (Ga. L. 1972, p. 2862), an Act approved March 31, 1976 (Ga. L. 1976, p. 3488), and an Act approved April 12, 1985 (Ga. L. 1985, p. 5140), is amended by striking Section 6 in its entirety and substituting in lieu thereof a new Section 6 to read as follows: Section 6. Effective July 1, 1987, there shall be five judges of the State Court of DeKalb County. The four judges in office on July 1, 1987, shall continue to serve the terms of office to which they were elected. The fifth judge added by this section shall be appointed by the Governor for an initial term of office ending on December 31, 1988, and until a successor is elected and qualified. Successors to the four judges in office on July 1, 1987, and successors to the fifth judge added on that date shall be elected at the general election in the year in which their respective terms of office expire and shall serve for terms of four years and until their successors are elected and qualified. Section 2. This Act shall become effective on July 1, 1987, except that the Governor is authorized to appoint the additional judge added by Section 1 of this Act prior to such date but any person so appointed shall not take office until such 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 hereby given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of DeKalb County;
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formerly known as the Civil and Criminal Court of DeKalb County, so as to add a judge to said court; and for other purposes. Witness the Honorable Judges of The State Court of DeKalb County. This 29th day of December 1986. Judge Jack B. Smith Judge Anne Workman Judge Ralph E. Carlisle Judge Jack M. McLaughlin 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 1, 1987. /s/ Peggy Childs Representative, 53rd District Sworn to and subscribed before me, this 14th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved April 2, 1987.
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ROCKDALE COUNTY STATE COURT; CREATION. No. 539 (Senate Bill No. 205). AN ACT To creat the State Court of Rockdale County; to specify the location of the court; to provide jurisdiction of the court; to provide for jury trial under certain circumstances; to provide for practice and procedure; to provide terms of court; to specify costs; to specify fees; to provide for transfer of certain matters from the Superior Court of Rockdale County; to provide for institution of criminal cases; to provide for appeals; to provide for selection and number of jurors; to provide for selection of a judge and a solicitor of the court; to provide for qualifications, duties, and compensation of such officers; to provide restrictions on such officers with regard to engaging in the active practice of law; to provide for disposition of certain fees; to provide for appointment of a solicitor pro tempore; to provide that the clerk and the sheriff of Rockdale County shall serve as clerk and sheriff; to provide for an official stenographer; to provide for all 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. There is created the State Court of Rockdale County which shall have the power, jurisdiction, and method of procedure as provided by Chapter 7 of Title 15 of the O.C.G.A. Section 2. The State Court of Rockdale County shall be located in the City of Conyers in Rockdale County and shall have territorial jurisdiction coextensive with the limits of said county. Section 3. (a) The State Court of Rockdale County shall have jurisdiction as provided by Chapter 7 of Title 15 of th O.C.G.A. (b) In all criminal cases, the judge of said court shall be the judge of both questions of fact and of law unless the person
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subject to be tried shall, before pleading to the charge against him, or the state shall demand a jury trial. The purpose of this subsection is to eliminate trial by jury unless demanded by the person charged or by the state. Upon either such timely demand being made, such person shall be tried by jury as is hereinafter provided. (c) In all civil cases, the judge shall be the judge of all questions of fact and of law unless either party to such proceeding shall, before the time expires for filing defensive pleadings, file a written demand for a jury trial. Upon such demand being timely filed, the case shall be tried by a jury as hereinafter provided unless such demand for trial by jury is withdrawn before the call of the case for trial. When a demand for trial by jury is filed, the same shall not be withdrawn without the consent of the opposite party. Section 4. The State Court of Rockdale County shall have such rules of practice and procedure as provided by Chapter 7 of Title 15 of the O.C.G.A. Section 5. The State Court of Rockdale County shall have monthly terms which shall be held on the second Monday in each month in the City of Conyers in said county and such terms shall remain open for the transaction of business until the next succeeding term. If the date fixed for the convening of any term is a legal holiday, then that term shall begin on the next day thereafter which is not a legal holiday. Said court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon and for the transaction of civil business before the court. Section 6. (a) In all civil proceedings in the State Court of Rockdale County, when the principal amount, excluding interest and fees, is not more than $200.00, the total costs shall be not more than $25.00. (b) In all other cases, costs shall be the same as in the Superior Court of Rockdale County. Section 7. Any case of a civil nature pending in the Superior Court of Rockdale County on July 1, 1987, or thereafter, of which the State Court of Rockdale County has jurisdiction
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under this Act may be transferred by the judge of the superior court to the State Court of Rockdale County by consent of counsel of all parties and shall thereafter stand for trial in said court as though originally filed therein. Section 8 . All prosecutions in criminal cases instituted in the State Court of Rockdale County shall be by written accusation made by the solicitor, based upon affidavit, setting forth plainly the offense charged in terms of the law, upon which shall be entered the name of the prosecutor, if any; but the solicitor may make such accusation and proceed to trial thereon without affidavit as the basis therefor as provided by general law. Section 9 . Any case tried in the State Court of Rockdale County shall be subject to review by the Court of Appeals or the Supreme Court of Georgia, whichever court has jurisdiction, in the same manner and under the same rules of appellate procedure as apply to cases in the superior court. Section 10 . (a) The clerk of the State Court of Rockdale County shall prepare a jury list and jury box for said court which shall contain the names of all the grand and petit jurors of said county appearing from time to time on the jury list of the superior court of said county, from which jurors shall be drawn, selected, chosen, and summoned for service in the State Court of Rockdale County in the same manner as is done in the superior court. Jurors in said state court shall receive the same per diem amount as compensation for service therein as in the Superior Court of Rockdale County and shall be paid by Rockdale County in the same manner and out of like funds as jurors are paid in the superior court. (b) For the trial of any case in the Superior Court of Rockdale County or the State Court of Rockdale County requiring the use of jurors, a jury pool is created. Jurors may be selected as prescribed by law by either the judges of the Superior Court of Rockdale County or the judge of the State Court of Rockdale County to appear to be sworn and serve as jurors before either court. When both the superior court and state court are in session on the same date, either court may use as jurors persons who are summoned to appear to serve as jurors by virtue of the authority of either court.
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(c) The jury for the trial of all civil and criminal cases tried in the State Court of Rockdale County shall be composed of six members. Said trial jury shall be selected from a panel of 12 jurors. Each side in all civil actions being tried by a jury shall be entitled to three peremptory strikes from such panel of 12 and the remaining six jurors shall serve as the trial jury. In all criminal matters being tried by a jury, the state shall be entitled to two peremptory strikes and the defendant shall be entitled to four peremptory strikes from such panel of 12 jurors and the remaining six jurors shall serve as the trial jury. Section 11 . (a) There shall be a judge of the State Court of Rockdale County who shall be elected by the qualified voters of Rockdale County, Georgia, and shall assume office on the first day of January following his election as provided by Chapter 7 of Title 15 of the O.C.G.A.; provided, however, that the first judge shall be appointed by the Governor for a term of office beginning July 1, 1987, and ending December 31, 1988. (b) The judge of said court shall have such qualifications and shall be subject to such restrictions and discipline as provided in Chapter 7 of Title 15 of the O.C.G.A. He shall be vested with all the power and authority of judges of the superior courts as to all matters, except as are exclusively conferred upon the judges of the superior courts by the Constitution and laws of this state. (c) The judge shall devote full time to the duties of his office and he shall be paid a salary equal to 90 percent of the salary now or hereafter paid to the judge of the Superior Court of Rockdale County. Said salary shall be payable monthly out of the funds of Rockdale County. The salary of such judge shall be an expense of said court. Section 12 . (a) There shall be a solicitor of the State Court of Rockdale County. The district attorney of the Rockdale Judicial Circuit shall appoint a qualified assistant district attorney to serve as solicitor of said court. (b) The solicitor shall have such qualifications as provided by Chapter 7 of Title 15 of the O.C.G.A. Section 13 . In the absence of the solicitor of the State Court of Rockdale County for any reason, said solicitor may
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appoint a solicitor pro tempore who shall have the same authority while so acting as said solicitor and shall be paid from the funds of Rockdale County such reasonable amount for the service as the solicitor shall determine. Section 14. The clerk of the Superior Court of Rockdale County shall be, by virtue of his office, the clerk of the State Court of Rockdale County and the sheriff of said county shall likewise be the sheriff of said state court; and each shall on behalf of the county receive compensation for services in said court as are allowed them by law for like service in the superior court. The clerk shall provide all necessary dockets, writs, minute books, printed forms, and the like as may be necessary for said court which shall be paid for by Rockdale County in like manner as such items in the superior court. Section 15. The judge of the State Court of Rockdale County may appoint an official stenographer for said court who shall report such cases as the court may require. He shall receive the same fees as allowed for similar service in the superior court which shall be taxed and enforced as in the superior court. Section 16. This Act shall become effective on July 1, 1987. Section 17. 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 1987 session of the General Assembly of Georgia a bill to create a State Court of Rockdale County; to provide for all related matters; and for other purposes. This 14 day of January, 1987. Harrill L. Dawkins Senator, 45th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harrill L. Dawkins, who,
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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 16, 1987. /s/ Harrill L. Dawkins Senator, 45th District Sworn to and subscribed before me, this 27th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved April 2, 1987. GWINNETT COUNTY STATE COURT; ADDITIONAL JUDGE; CHIEF JUDGE. No. 625 (House Bill No. 723). 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 provide for an additional judge for the State Court of Gwinnett County; to provide for matters relative thereto; to provide for the title of chief judge; to provide duties and responsibilities of the chief judge; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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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 subsection (a) of Section 13 and inserting in lieu thereof a new subsection (a) to read as follows: (a) Until July 1, 1987, there shall be two judges of the State Court of Gwinnett County. Effective July 1, 1987, there shall be three judges of the State Court of Gwinnett County. The two judges of the state court in office on July 1, 1987, shall continue to serve the terms of office to which they were elected. The third judge added effective July 1, 1987, shall be appointed by the Governor for an initial term of office ending on December 31, 1988, and until his successor is elected and qualified. The judges of the State Court of Gwinnett County shall be elected by the qualified voters of Gwinnett County at the same time and under the same rules and regulations as other county officers are elected. Successors to the two elected judges in office on July 1, 1987, and to the one judge appointed by the Governor pursuant to this Act shall be elected at the general election immediately preceding the expiration of their terms of office and shall take office on the first business day of January immediately following the election for terms of four years each and until their successors are elected and qualified. Section 2. Said Act is further amended by striking Section 13.1 and inserting in its place a new Section 13.1 to read as follows: Section 13.1. Administration of court; appointments. The judge of said court senior in length of continuous service as a state court judge shall be the chief judge and shall be responsible for the administration and expeditious disposition of the business of the state court and shall have power to make such rules as he shall deem necessary or proper for such purpose but not in conflict with the general laws of this state, which rules shall be binding upon the other judge or judges of the state court. He shall be vested with the power to make all appointments whenever the law provides for the state court judge to make appointments. Section 3. This Act shall become effective on July 1, 1987, except that the Governor is authorized to appoint the additional
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judge added by Section 1 of this Act prior to such date, but any person so appointed shall not take office until such date. 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 1987 session of the General Assembly of Georgia a bill to amend an Act continuing and re-creating the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended; and for other purposes. This 6th day of February, 1987. Rep. Vinson Wall 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: February 6, 1987. /s/ Vinson Wall Representative, 61st District Sworn to and subscribed before me, this 9th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved April 2, 1987.
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FULTON COUNTY COMMUNITY IMPROVEMENT DISTRICTS; CREATION; BONDS; TAXES; FEES. No. 645 (Senate Bill No. 284). AN ACT To provide for the creation of one or more community improvement districts in unincorporated Fulton County; 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 appointment or election of members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for the debt of 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, certificates 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., and subsequent issue 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 for dissolutions; 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 Fulton County Community Improvement Districts Act. Section 2. Purpose. The purpose of this Act shall be to provide for the creation of one or more community improvement districts within unincorporated Fulton County, and such districts
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shall be created for the provision 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) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (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. Section 3. Definitions. As used herein, 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
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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) 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 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; the cost of securing any such franchises, permits, approvals, licenses, or 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
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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 issuance of any bonds, notes, or other obligations for any projects; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (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. (6) District means the geographical area designated as such by the resolution of the governing body or consenting
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to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activitated pursuant thereto, as the context requires or permits. (7) 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 County, 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 Fulton County Tax Commissioner, on a form satisfactory to that 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. (8) 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 Fulton County Board of Tax Assessors. (9) Forestry means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth cleaning, 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
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idle or held for investment, even though some harvesting of trees may occur thereon. (10) Hereby, herein, hereinafter, and herewith have the meanings generally ascribed to these words. (11) Project means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, 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, all for the essential public purposes set forth in Section 2 of this Act. (12) 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 within the district as certified by the Fulton 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. (13) Property used nonresidentially means property used for neighborhood shopping, planned shopping center, general commercial, 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. (14) Taxpayer means any entity or person paying ad valorem taxes on real property, whether one or 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. Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, as amended in 1984
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(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 Fulton County, Georgia, wholly within the unincorporated area thereof, 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 consenting to the creation of each community improvement district by the Fulton County Board of Commissioners, which resolution shall impose such conditions on the projects and activities which may be undertaken as will ensure their compatibility with adopted county 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 will be subject to taxes, fees, and assessments levied by the board of the district; (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; and (C) The written consent provided for above shall be submitted to the Fulton County Tax Commissioner who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. 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
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all districts activated hereunder and a second copy shall be filed 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 seven members to be appointed and elected as hereinafter provided. Two board members shall be appointed by the Fulton County Board of Commissioners 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 governing body which appointed same, respectively. The initial elected board members shall serve for terms of office as follows: two shall serve for two years, and the remaining board members shall serve for four years. Thereafter, all terms of office shall be for four years, except the appointed members who serve at the pleasure of the governing body which appointed them. (b) The initial board members to be elected as provided herein 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 Fulton County Board of Commissioners shall designate after notice thereof shall have been given to said electors by 1) publishing same in the legal organ of Fulton County as hereinafter provided and 2) contacting each elector by U.S. mail at the address indicated in the property tax rolls. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem property tax returns in Fulton County, 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 thereafter, call a special election to fill the same to be held within 60 days of the call unless 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 of said election shall be given the electors by 1) publishing notice thereof in the legal organ of Fulton County on four dates at least 45
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days, 31 days, 17 days, and 10 days, respectively, prior to such election, and 2) by contacting each elector at least 31 days prior to such election by U.S. mail at the address indicated in the property tax rolls. (c) The elected board members shall be subject to recall as any other elected public official by the electors hereinabove defined. (d) Elected board members shall be elected within the district. If such 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. Section 6 . Taxes, fees, and assessments. (a) The board may levy taxes, fees, and assessments within the district only on real property, 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. Any tax, fee, or assessment so levied shall not exceed 2 1/2 percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board upon the properties shall be equitably apportioned among the properties according to the need for governmental services and facilities created by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Fulton County in the same manner as taxes, fees, and assessments are levied by the county. Delinquent taxes shall bear the same interest and penalties as Fulton County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments
5469
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 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 by June 15 each year so it may include the levy on its regular ad valorem tax bills. (c) If 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 Fulton County Board of Commissioners as set forth in the resolutions required in Section 4 hereof, or as may thereafter be added as hereinafter provided. (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 approved county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and
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(4) The adoption of a resolution consenting to the annexation by the governing authority of Fulton County. 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 Fulton County. The provisions of this section shall in no way limit the authority of Fulton County to provide services or facilities within the district; and Fulton County shall retain full and complete authority and control over any of its facilities located within 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 county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. Section 10. Board, district powers. (a) Each district and its board created pursuant hereto shall have all of the powers 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
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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, add 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, 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
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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 a 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 and any such political subdivision with which 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 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 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,
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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 Fulton County; (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; and (18) To do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in each paragraph of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act; and no such power limits or restricts any other power of the board. 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, 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. (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,
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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 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 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 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
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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 districts, or in notices of proceedings to validate such bonds, notes, or other obligations of a district. 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 project, 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 project; 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
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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: (1) The adoption of a resolution approving of the dissolution of each community improvement district by the Fulton County Board of Commissioners; and (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 which 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 which are to 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; and (C) The written consent provided for above shall be submitted to the Fulton County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this
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paragraph have 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 county 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in Fulton County and in each municipality therein; to provide for the purposes of the said districts; to provide for definitions; to provide for Boards to Administer said districts; to provided appointment of members of said boards; to provided for taxes, fees, and assesments; to provide for the boundaries of said districts; to provide for the debt of the said districts; to provide for the form of bonds, provisions for exchange and transfer, certificates of validation, specification of interest rates in notice to District Attorney or 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 issue 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,
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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 provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 13th day of January, 1987. HENRY R. BAUER JR Fulton County Legislative Liaison GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur Langford, Jr., who, on oath, deposes and says that he is Senator from the 35th 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 15, 1987. /s/ Arthur Langford, Jr. Senator, 35th District Sworn to and subscribed before me, this 5th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved April 3, 1987.
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NORTHERN JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENTS. No. 757 (House Bill No. 795). AN ACT To amend an Act to provide compensation for the judge of the superior court of the Northern Judicial Circuit, approved April 5, 1961 (Ga. L. 1961, p. 473), as amended, so as to change the compensation of the judges of the Northern Judicial 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 to provide compensation for the judge of the superior court of the Northern Judicial Circuit, approved April 5, 1961 (Ga. L. 1961, p. 473), as amended, is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows: Section 1. Each judge of the superior court of the Northern Judicial Circuit shall receive a supplemental salary to be paid by the counties comprising said circuit in the following amounts: Elbert County, $100.00 per month; Franklin County, $100.00 per month; Hart County, $100.00 per month; Madison County, $100.00 per month; Oglethorpe County, $50.00 per month. Such amounts shall be in addition to any amounts received from the state. Such amounts shall be paid to each judge by the fiscal authorities of the counties each 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.
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PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF MADISON Before me, the undersigned, a Notary Public, this day personally came Jere Ayers who, being first duly sworn, according to law, says that he is the publisher of the Danielsville Monitor, the official newspaper in which the Sheriff's advertisements in and for said County are published, and a newspaper of general circulation, with it principal place of business in said County and that the Legal Notice: Notice of Intent to Introduce Local Legislation was published in said newspaper On January 30, 1987. /s/ Jere Ayers Subscribed and sworn to before me this 6th day of February, 1985 /s/ Virginia O'Kelley Notary Public (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia local legislation providing for supplementary compensation for the judges of the Superior Courts of the Northern Judicial Circuit by the counties of the circuit; and for other purposes. Louie M. Clark Representative 13th District Billy Milford Representative 13th District Charles W. Yeargin
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia local legislation providing for supplementary compensation for the judges of the Superior Courts of the Northern Judicial Circuit by the counties of the circuit; and for other purposes. 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 Elberton Beacon which is the official organ of Elbert County, on the following date: January 27, 1987. /s/ Charles W. Yeargin Representative, 14th District Sworn to and subscribed before me, this 10th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE Local Legislation Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia, local legislation providing for supplementary compensation for the judges of the
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Superior Courts of the Northern Judicial Circuit by the counties of the circuit and for other purposes. Louie M. Clark Billy M. Milford Representatives, 13th 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 Hartwell Sun which is the official organ of Hart County, on the following date: January 29, 1987; February 5, 1987. /s/ Charles W. Yeargin Representative, 14th District Sworn to and subscribed before me, this 10th day of February, 1987. /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 given that there will be introduced at the regular 1987 session of the General Assembly of Georgia local legislation providing for supplementaary compensation for the judges of the Superior Courts of the Northern Judicial Circuit by the counties of the circuit; and for other purposes. Charles W. Yeargin Representative 14th District GEORGIA, FULTON COUNTY
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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 Oglethorpe Echo which is the official organ of Oglethorpe County, on the following date: January 29, 1987. /s/ Charles W. Yeargin Representative, 14th District Sworn to and subscribed before me, this 10th day of February, 1987. /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 given that there will be introduced at the regular 1987 session of the General Assembly of Georgia local legislation providing for supplementary compensation for the judges of the Superior Courts of the Northern Judicial Circuit by the counties of the circuit; and for other purposes. LOUIE M. CLARK Representative 13th District BILLY MILFORD Representative 13th 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 Franklin
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County Citizen which is the official organ of Franklin County, on the following date: January 29, 1987. /s/ Charles W. Yeargin Representative, 14th District Sworn to and subscribed before me, this 10th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved April 17, 1987. CHATHAM COUNTY BOARD OF COMMISSIONERS; MEETINGS; BUDGETS OF CERTAIN ELECTED COUNTY OFFICERS; FINANCE COMMITTEE. No. 758 (House Bill No. 1076). AN ACT To amend an Act completely revising the laws relative to the governing authority of Chatham County and providing for a board of commissioners as the governing authority of said county, approved March 29, 1984 (Ga. L. 1984, p. 5050), so as to change the provisions relative to the agenda for meetings of the board of commissioners; to provide that certain elected county officers may submit their proposed annual budgets directly to the finance committee of the board of commissioners without any alteration or amendment in such proposed budgets by the county manager; to provide for composition of the committee; to allow for other committees; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act completely revising the laws relative to the governing authority of Chatham County and providing for a board of commissioners as the governing authority of said county, approved March 29, 1984 (Ga. L. 1984, p. 5050), is amended by striking subsection (c) of Section 9 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) Items which are to be placed on the agenda at a regular meeting of the board of commissioners will be submitted to the clerk of the board of commissioners by noon, two days prior to the regularly scheduled meeting. The proposed agenda will be submitted by the clerk to the chairman by not later than 5:00 P.M., two days prior to the regularly scheduled meeting for the chairman's approval. The approved agenda will be delivered to all members of the board of commissioners by not later than 4:00 P.M. on the day prior to the meeting. At the meeting of the board of commissioners, any member may make a motion to add any item to the agenda and if there is a second to that motion, the board of commissioners may consider, discuss, and debate that item, but no final action or vote may be taken on any item at the same meeting at which such item is added to the agenda. Section 2. Said Act is further amended by adding at the end of Section 18 new subsections (d) and (e) to read as follows: (d) The commission or individual commissioners may communicate with county employees who are subject to appointment and removal by the county manager for the purposes of inquiry and information. Except for the purpose of inquiry and information, the commission and individual commissioners shall deal with county employees who are subject to appointment and removal by the county manager solely through the county manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly. (e) Anything in this Act or any other law to the contrary notwithstanding, the county manager's authority to prepare
5486
and submit annually to the board of commissioners a proposed balanced budget shall not extend to or include the proposed annual budgets prepared by elected county officers for their respective departments or agencies. The elected county officers may prepare their respective proposed annual budgets independently of the county manager and submit them directly to the finance committee of the board of commissioners without alteration or amendment by the county manager. The proposed annual budgets of the elected county officers shall be submitted to the finance committee at the same time that the proposed annual budget prepared by the county manager is submitted to the board, and such proposed annual budgets of the elected county officers shall be considered by the finance committee as a part of the total annual budget for the county government. The finance committee of the Board of Commissioners of Chatham County shall be composed of the chairman and vice-chairman of the board and at least three other members of the board of commissioners who shall be appointed by the chairman. The designation of the finance committee by this Act shall not prohibit or in any way limit the authority of the board of commissioners to create and establish any other committees of the board as are necessary to carry out the business of the board of commissioners. For the purposes of this subsection, the proposed annual budget of an elected county officer shall include the operating, capital, and capital improvement program budgets for the department or agency of the elected county officer. As used in this subsection, `elected county officer' means the sheriff, clerk of the superior court, judge of the probate court, and tax commissioner of Chatham County. 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
5487
Personally appeared before me, Gene Stewart, to me known, who being sworn, deposes and says: That he is the Assistant Gen. Manager 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 Feb. 7, 1987, 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 1987 session of the General Assembly of Georgia a bill to amend an Act completely revising the laws relative to the governing authority of Chatham County and providing for a board of commissioners as the governing authority of said county, approved March 29, 1984 (Ga. L. 1984, p. 5050); and for other purposes. This 5th day of February, 1987. /s/ Honorable Roy L. Allen Representative, 127th District appeared in each of said editions. /s/ Gene Stewart (Deponent)
5488
Sworn to and subscribed before me this 9 day of Feb., 1987. /s/ Diane M. Strickland Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 (SEAL) Approved April 17, 1987. CLAYTON COUNTY WATER AUTHORITY CHAIRMAN, SECRETARY, AND MEMBERS; COMPENSATION. No. 759 (House Bill No. 1098). AN ACT To amend an Act creating the Clayton County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 3344), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3721), so as to change the compensation of the chairman, secretary, and other members of the authority; 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 Clayton County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 3344), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3721), is amended by striking subsection (b) of Section 4 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
5489
(b) The chairman shall be compensated in the amount of $250.00 per month, the secretary $225.00 per month, and each of the other members $200.00 per month which shall be payable out of the earnings of the 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 1987 session of the General Assembly of Georgia a bill to amend an Act creating the Clayton County Water Authority, approved march 7, 1955 (Ga. L. 1955, p. 3344), as amended; and for other purposes. This 26th day of February, 1987. 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 26, 1987. /s/ Frank I. Bailey, Jr. Representative, 72nd District
5490
Sworn to and subscribed before me, this 27th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved April 17, 1987. SCHLEY COUNTY BOARD OF COMMISSIONERS; ELECTIONS; DISTRICTS; COMPENSATION. No. 761 (Senate Bill No. 139). AN ACT To amend an Act providing for the election of the Board of Commissioners of Schley County, approved February 5, 1951 (Ga. L. 1951, p. 2229), as amended, so as to provide for the election of the chairman and members of the Board of Commissioners of Schley County from districts; to describe the commissioner districts; to change the compensation of the chairman and members of the board of commissioners; 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 providing for the election of the Board of Commissioners of Schley County, approved February 5, 1951 (Ga. L. 1951, p. 2229), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
5491
Section 1. (a) For the purpose of electing the members of the board of commissioners, Schley County shall be divided into five commissioner districts as follows: Commissioner District No. 1 The northwest quadrant of Schley County which is bounded as follows: North by the Schley County line; East by the centerline of U.S. Highway 19 to a point where such highway intersects Railroad Street, then South by the centerline of Railroad Street to a point where such street intersects Buena Vista Street, then West by the centerline of Buena Vista Street to a point where such street intersects Maple Drive, then South and East by the centerline of Maple Street to a point where such street intersects Railroad Street, then by the centerline of Railroad Street; South by the centerline of State Route 26; and West by the Schley County line. Commissioner District No. 2 The northeast quadrant of Schley County which is bounded as follows: North by the Schley County line; East by the Schley County line; South by the centerline of State Route 26; and West by the centerline of Railroad Street to a point where such street intersects Maple Street, then West and North by the centerline of Maple Street to a point where such street intersects Buena Vista Street, then East by the centerline of Buena Vista Street to a point where such street intersects Railroad Street, then North by the centerline of Railroad Street to a point where such street intersects U.S. Highway 19, then by the centerline of U.S. Highway 19. Commissioner District No. 3 The southeast quadrant of Schley County which is bounded as follows:
5492
North by the centerline of State Route 26; East by the Schley County line; South by the Schley County line; and West by the centerline of U.S. Highway 19. Commissioner District No. 4 The southwest quadrant of Schley County which is bounded as follows: North by the centerline of State Route 26; East by the centerline of U.S. Highway 19; South by the Schley County line; and West by the Schley County line. Commissioner District No. 5 The entire geographic area of Schley County. (b) There shall be elected one commissioner from each commissioner district described in subsection (a) of this section, and the commissioner from Commissioner District No. 5 shall be the chairman of the board of commissioners. 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 a commissioner, a candidate for such office must, at the time such candidate qualifies to seek election, reside within the commissioner district for which such candidate is seeking election. (c) The first members of the board of commissioners elected to represent the commissioner districts provided for in subsection (a) of this section shall be elected as provided in this section. At the primary and general elections held in 1988, commissioners shall be elected to represent commissioner districts 2, 3, and 5. Commissioners elected in 1988 shall take office on the first business day of January, 1989, for terms of four years and until their successors are elected and qualified. At the primary and general elections held in 1990, commissioners shall be elected to represent commissioner districts 1 and 4. Commissioners elected in 1990 shall take office on the first business day of January, 1991, for terms of four years and until their successors are elected and qualified. Successors to the first members elected under
5493
this section and future successors shall be elected at the general election immediately 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. (d) The chairman of the board of commissioners shall be compensated in the amount of $100.00 per month. Each other member of the board of commissioners shall be compensated in the amount of $50.00 per month. Section 2. Each member of the Board of Commissioners of Schley County on the effective date of this Act shall remain in office until the expiration of the term of office to which he was elected and until his successor is elected and qualified as provided in this Act. 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 1987 session of the General Assembly of Georgia a bill to amend an act providing for the election of the Board of Commissioners of Schley County approved February 5, 1951 (Georgia laws 1951, page 2229) as amended; and for other purposes. This 29th day of December 1986. WILLIAM D. MCCORKLE CHAIRMAN COUNTY COMMISSIONERS SCHLEY COUNTY GEORGIA, FULTON COUNTY
5494
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lewis H. McKenzie, who, 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 1, 1987. /s/ Lewis H. McKenzie Senator, 14th District Sworn to and subscribed before me, this 14th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved April 17, 1987. FANNIN COUNTY BOARD OF EDUCATION; SCHOOL SUPERINTENDENT; NONPARTISAN ELECTIONS; REFERENDUM. No. 763 (Senate Bill No. 356). AN ACT To provide for the nonpartisan election of the members of the board of education and the school superintendent of Fannin County; to provide procedures relative to the nomination and qualification of candidates for said board of education and school superintendent; to provide the form of ballots; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.
5495
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) The board of education of Fannin County shall consist of five members, only one of whom shall be elected from any one militia district. The members serving on the board of education of Fannin County on the effective date of this Act shall continue to serve out their terms of office. (b) (1) The successor to the member of the board of education whose term expires January 1, 1989, shall be nominated in a nonpartisan primary and elected in a nonpartisan election to be held and conducted at the same times as the general primary and the general election in 1988. He shall take office on the first day of January immediately following his election for a term of six years and until his successor is elected and qualified. Thereafter, future successors shall be elected at the nonpartisan primary and election held at the same times as the general primary and election immediately preceding the expiration of their 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. (2) Successors to the members of the board of education whose terms expire January 1, 1991, shall be nominated in a nonpartisan primary and elected in a nonpartisan election to be held and conducted at the same times as the general primary and the general election in 1990. They 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. Thereafter, future successors shall be elected at the nonpartisan primary and election held at the same times as the general primary and election immediately preceding the expiration of their 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. (3) Successors to the members of the board of education whose terms expire January 1, 1993, shall be nominated in
5496
a nonpartisan primary and elected in a nonpartisan election to be held and conducted at the same times as the general primary and the general election in 1992. They 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. Thereafter, future successors shall be elected at the nonpartisan primary and election held at the same times as the general primary and election immediately preceding the expiration of their 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 2. (a) The school superintendent shall continue to be elected by the electors of the Fannin County School District. The school superintendent serving in office on the effective date of this Act shall continue to serve out his term of office. (b) The successor to the school superintendent whose term of office expires December 31, 1988, shall be nominated in a nonpartisan primary and elected in a nonpartisan election to be held and conducted at the same times as the general primary and the general election in 1988. He shall take office on the first day of January immediately following his election for a term of two years and until his successor is elected and qualified. The successor to the school superintendent whose term of office expires December 31, 1990, shall be nominated in a nonpartisan primary and elected in a nonpartisan election to be held and conducted at the same times as the general primary and the general election in 1990. He shall take office on the first day of January immediately following his election for a term of four years and until his successor is elected and qualified. Thereafter, future successors shall be elected at the nonpartisan primary and election held at the same times as the general primary and election immediately preceding the expiration of their 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 3. Each member of the board of education and the school superintendent shall be nominated and elected at
5497
nonpartisan primaries and elections as provided in Code Section 21-2-284.1 and other 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 Fannin County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Fannin County School District for approval or rejection. The election superintendent shall conduct that election on the date of the Presidential Preference Primary on March 8, 1988, 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 Fannin County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act which provides that the members of the board of education and the school superintendent of Fannin County shall be elected in nonpartisan elections 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 Fannin 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 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 session of the General Assembly of Georgia a bill to provide
5498
that the School Superintendent and School Board Members of Fannin County will be nominated and elected on a non-partisan basis; to provide for other matters relative thereto; and for other purposes. This 13th day of February, 1987. Honorable Max R. Brannon Senator 51st District AFFIDAVIT OF PUBLICATION State of Georgia [UNK] County of Fannin [UNK] S.S. I, Glenn Harbison DO SOLEMNLY SWEAR THAT I AM THE Publisher of The Blue Ridge Summit Post, printed and published at Blue Ridge, in the State of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of Notice is given that there will be introduced at the regular session was inserted in the Blue Ridge Summit Post in space of Legal Notices on dates as follows: February 13, 1987 /s/ Glenn Harbison Subscribed and sworn to before me This 13th day of February, 1987. /s/ Phyllis Ross Notary Public, Georgia, State at Large My Commission Expires Jan. 21, 1989 Approved April 17, 1987.
5499
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
5501
OCONEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. A RESOLUTION OF THE BOARD OF COMMISSIONERS OF OCONEE COUNTY, GEORGIA PURSUANT TO THE PROVISIONS OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983 TO CONTINUE IN FORCE AND EFFECT THE OCONEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY; TO PROVIDE FOR THE PROPER FILING WITH THE SECRETARY OF STATE OF THE STATE OF GEORGIA; TO PROVIDE FOR AN EFFECTIVE DATE; TO REPEAL CONFLICTING LOCAL ACTS AND RESOLUTIONS AND FOR OTHER PURPOSES. WITNESSETH: WHEREAS, the Oconee County Industrial Development Authority (the Authority) was created pursuant to an amendment to the Constitution of the State of Georgia (Ga. Laws 1962, page 871, et seq .), as amended (the Act); and WHEREAS, Article XI, Section 1, Paragraph IV of the Constitution of the State of Georgia of 1983 provides that amendments of local application to the Constitution of 1877 and the Constitution of 1945 which were continued in force and effect as part of the Constitution of 1976, and local amendments or general amendments of principal application to particular localities to the Constitution of 1976, shall continue in force and effect as part of the Constitution of 1983 until July 1, 1987, at which time said amendments shall be repealed and shall be deleted as part of the Constitution of 1983 unless any such amendment shall be specifically continued in force and effect without amendment either by a local law enacted prior to July 1, 1987 or by an 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 such local governing authority's charter or local act; and WHEREAS, the Act provides that the President of the Oconee County Chamber of Commerce, the Mayor of the City of Watkins ville and the Chairman of the Board of Commissioners of Oconee
5502
County, Georgia (the Board of Commissioners) shall be ex-officio members of the Authority and the Board of Commissioners shall appoint two members of the Authority, and consequently the Board of Commissioners is the applicable local governing authority as contemplated in the Constitution of 1983; and WHEREAS, the Board of Commissioners desires to continue such local Constitutional amendment in force and effect; and WHEREAS, Article IX, Section 2, Paragraph I of the Constitution of 1983 provides the procedure whereby counties may adopt home rule amendments; and WHEREAS, Paragraph I(b)(1) of Article IX, Section 2 of the 1983 Constitution provides that to effectuate this continuation of the Authority's existence the Board of Commissioners shall duly adopt an amendment to its local acts by a resolution at two regular consecutive meetings of the Board of Commissioners not less than 7 nor more than 60 days apart, and that a notice containing a synopsis of the proposed resolution shall be published in the official organ of Oconee County once a week for three weeks within a period of 60 days immediately preceding such resolution's final adoption, with such notice stating that a copy of the proposed resolution is on file in the Office of the Clerk of the Superior Court of Oconee County for the purpose of examination and inspection by the public, with the Clerk of the Superior Court being responsible for furnishing anyone, upon written request, with a copy of the proposed resolution; and WHEREAS, Paragraph I(g) of Article IX, Section 2 of the 1983 Constitution provides that such resolution shall not become effective until (i) a copy of such resolution, (ii) a copy of the required notice of publication and (iii) an affidavit of a duly authorized representative of such legal organ in which the notice was published to the effect that the notice has been published as so provided, have been filed with the Secretary of State; and WHEREAS, the Authority, in conjunction with the Board of Commissioners, are causing or have caused such notice to be so published and copies of this resolution to be put on file as previously set forth for such purposes; and WHEREAS, the Board of Commissioners now desires to adopt this resolution by having this resolution duly adopted at two
5503
regular consecutive meetings of the Board of Commissioners, with the first adoption being on the first date entered below and the second such adoption on the second date noted below; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Commissioners, and it hereby is resolved by the authority of the same as follows: Section 1. The aforesaid local Constitutional amendment (Ga. Laws 1962, page 871, et seq. , as amended) described in the preamble to this resolution relating to the creation of the Oconee County Industrial Development Authority, which was duly ratified by the people and is eligible for continuation pursuant to provisions of the Constitution of Georgia of 1983, is hereby specifically continued in force and effect without amendment. Section 2. Upon final adoption (that is, following the second adoption of this resolution) the Clerk of the Board of Commissioners is directed to cooperate with the Authority in filing with the Secretary of State (i) a certified copy of this resolution, (ii) a copy of the required notice of publication and (iii) an affidavit of a duly authorized representative of the newspaper in which the notice was published to the effect that the notice has been published as provided by the Constitution. Section 3. This resolution shall become effective upon such proper filing with the Secretary of State. Section 4. All local acts and resolutions or parts thereof in conflict herewith are hereby repealed. The foregoing resolution was duly adopted and approved by a majority of the Board of Commissioners at a regularly scheduled meeting of the Board of Commissioners held on the 5th day of Nov., 1985. OCONEE COUNTY, GEORGIA By: Choyce A. Johnson Chairman Board of Commissioners of Oconee County
5504
ATTEST: /s/ Karen Fancher Clerk Board of Commissioners of Oconee County The foregoing resolution was duly adopted and approved by a majority of the Board of Commissioners of Oconee County, Georgia, at a regularly scheduled meeting of the Board of Commissioners held on the 3rd day of Dec., 1985. OCONEE COUNTY, GEORGIA By: Choyce A. Johnson Chairman Board of Commissioners of Oconee County ATTEST: /s/ Karen Fancher Clerk Board of Commissioners of Oconee County Certificate by Clerk of Oconee County, Georgia I, Karen Fancher, Clerk of Oconee County, Georgia, DO HEREBY CERTIFY that the foregoing four pages constitute a true and correct copy of a resolution of the Board of Commissioners of Oconee County, Georgia, specifically continuing in force and effect the local Constitutional amendment creating the Oconee County Industrial Development Authority, which resolution was duly adopted, the first adoption being on November 5, 1985 and the second adoption being on December 3, 1985, the same being two regular consecutive meetings of the Board of Commissioners of Oconee County, Georgia. Given under my hand and the seal of Oconee County, Georgia, this the 3rd day of December, 1985. /s/ Karen Fancher Clerk Oconee County, Georgia
5505
NOTICE OF CONTINUATION OF CONSTITUTIONAL AMENDMENT CREATING THE OCONEE COUTNY INDUSTRIAL DEVELOPMENT AUTHORITY Notice is hereby given pursuant to the provisions of the Constitution of the State of Georgia of 1983 that the Board of Commissioners of Oconee County, Georgia proposes to adopt at two regular consecutive meetings not less than 7 nor more than 60 days apart a resolution to continue in force and effect without amendment the local amendment to the Constitution of the State of Georgia of 1962 (Ga. Laws 1962, page 871, et seq. ), which such local Constitutional amendment was later amended at Ga. Laws 1977, page 1582, et seq , and which such local Constitutional amendment was duly ratified and which created the Oconee County Industrial Development Authority. A copy of the proposed resolution is on file in the Office of the Clerk of the Superior Court of Oconee County, Georgia for the purpose of examination and inspection by the public, and the Clerk of the Superior Court of Oconee County, Georgia shall furnish anyone, upon written request, with a copy of such proposed resolution. The proposed resolution continues in force and effect the Oconee County Industrial Development Authority by continuing in force and effect such local Constitutional amendment. This the 1st day of October, 1985. OCONEE COUNTY BOARD OF COMMISSIONERS BY: Choyce A. Johnson, Chairman PN: 10/10, 17, 24 STATE OF GEORGIA COUNTY OF OCONEE I, VINNIE WILLIAMS, DO HEREBY CERTIFY that I am publisher of The Oconee Enterprise , the newspaper in which
5506
the Sheriff's advertisements in and for Oconee County are published and also the official organ of Oconee County, and that the notice, of which the attached is a true copy, was published in said newspaper on the following dates, to wit: Oct. 10, 1985, Oct. 17, 1985 and Oct. 24, 1985. /s/ Vinnie Williams Publisher Sworn to and subscribed before me, this 7th day of Nov., 1985. /s/ Dianne B. Healan Notary Public Notary Public, Georgia, State at Large. My Commission Expires: June 13, 1988 Filed in the Office of the Secretary of State December 30, 1985. AMERICUS-SUMTER PAYROLL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. RESOLUTION OF THE BOARD OF COMMISSIONERS OF SUMTER COUNTY FOR THE CONTINUANCE OF THE AMERICUS-SUMTER PAYROLL DEVELOPMENT 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 Americus-Sumter Payroll Development Authority in and for Sumter County, Georgia, which resolution appears at Ga. Laws 1962, p. 933 et seq. (the Amendment); and WHEREAS, the Amendment establishing the Americus-Sumter Payroll Development Authority was ratified and proclaimed; and
5507
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 act; and WHEREAS, Article IX, Section II, Paragraph I(b)(1) of the Georgia Constitution of 1983 specifies that home rule amendments 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 Americus Times-Recorder, the official organ of Sumter County, on January 17, 1986, January 24, 1986, and January 31, 1986, which notice stated that a copy of the proposed resolution was on file in the Office of the Clerk of the Superior Court of Sumter County for the purpose of examination and inspection by the public; and WHEREAS, the Commissioners have determined that continued existence of the Americus-Sumter Payroll Development Authority is necessary to achieve the ends of promoting and expanding, for the public good and general welfare of Sumter 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 Sumter County, 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.
5508
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 Sumter County, promptly upon this resolution becoming effective. ADOPTED this 14th day of January 1986. BOARD OF COMMISSIONERS OF SUMTER COUNTY /s/ J. Wade Halstead Chairman /s/ W. W. Ferguson Vice Chairman /s/ David A. Jennings Commissioner /s/ O. L. Bryant Commissioner /s/ Arthur C. Pless Commissioner (COUNTY SEAL) Attest: /s/ Barbara S. McCarty Clerk Read and Adopted January 14, 1986 Effective February 11, 1986
5509
CLERK'S CERTIFICATE I, Barbara S. McCarty, Clerk of the Board of Commissioners of Sumter County, Georgia, do hereby certify that the foregoing typewritten matter constitutes a true and correct copy of the Resolution adopted on Tuesday January 14, 1986, 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 said County, this 14th day of January, 1986. /s/ Barbara S. McCarty Clerk, Board of Commissioners of Sumter County, Georgia (SEAL) February 26, 1986 Secretary of State State of Georgia State Capitol Room 214 Atlanta, Georgia 30334 Dear Sirs: The Sumter County Board of Commissioners read and adopted a resolution continuing the amendment creating the Americus-Sumter Payroll Department Authority at the February 11, 1986 regularly scheduled Commissioners meeting. This was the second reading of the resolution the first being read at the January 14, 1986, regularly scheduled Commissioners meeting.
5510
Thank you for your cooperation in filing these papers for us. Sincerely, /s/ Barbara S. McCarty Chief Administrative Officer NOTICE The Board of Commissioners of Sumter County have adopted a resolution to become effective on February 11, 1986. Said resolution will continue in force and effect, without amendment, the local amendment to the Georgia Constitution which established the Americus-Sumter Payroll Development Authority. AFFIDAVIT STATE OF GEORGIA COUNTY OF Sumter I, Alf Bell, DO HEREBY CERTIFY that I am Publisher of Americus Times-Recorder, the newspaper in which Sheriff's advertisements appear for Sumter County, Georgia, and the attached notice was published in said newspaper on the following dates, to-wit: 1-17-86, 1-24-86, and 1-31-86, 1986. /s/ Alf Bell Sworn to and subscribed before me this 17th day of February, 1986. /s/ Em. H. Horne Notary Public My Commission Expires [NOTARIAL SEAL] Filed in the Office of the Secretary of State March 3, 1986.
5511
DEKALB COUNTY DEKALB COUNTY PENSION BOARD; 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 PERCENTAGE AMOUNT OF THE PARTICIPANTS' CONTRIBUTION, THE PERCENTAGE AMOUNT OF DEKALB COUNTY'S CONTRIBUTION, 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: I. By deleting Section 10 in its entirety and substituting in lieu thereof the following: Effective March 8, 1986, 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 2.5 percentum (2.5%) 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. II. By amending Section 11 by deleting the first paragraph under said section and substituting in lieu thereof the following:
5512
Commencing March 8, 1986, 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 10.7 percentum (10.7%) 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. III. All laws or parts of laws in conflict with this ordinance are hereby repealed. IV. 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. V. 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 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 purposes of examination and inspection by the public. VI. This Ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 25th day of February 1986, and again on the 11th day of March 1986, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia.
5513
VII. 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. VIII. The provisions of this Ordinance shall become effective upon its adoption. ADOPTED by the DeKalb County Board of Commissioners, this 11th day of March 1986. /s/ Brince H. Manning, III Presiding Officer Board of Commissioners DeKalb County, Georgia Approved by the Chief Executive Officer of DeKalb County, this 11th day of March 1986. /s/ Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia ATTEST: /s/ David W. Joyner David W. Joyner, Ex-Officio Clerk Board of Commissioners and Chief Executive Officer 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
5514
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 February 25, 1986, and on March 11, 1986. This 11th day of March 1986. /s/ David W. Joyner 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 11 day of March, 1986. Gene H. Doi Notary Public Notary Public, Georgia, State At Large My Commission Expires April 4, 1986 (Seal) PUBLIC NOTICE The public is hereby notified that the Board of Commissioners of DeKalb County, Georgia, at its regular meetings on February 25, 1986, and March 11, 1986, will consider an ordinance to amend the 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 percentage amount of the participants' contribution, the percentage amount of DeKalb County's contribution, 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
5515
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 19th day of February, 1986. /s/ Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia 27-3891,2/20-3/6 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 February 20, February 27, and March 6, 1986. /s/ Gerald W. Crane Publisher Decatur-DeKalb News Sworn to and subscribed before me this 6th day of March, 1986. B. Lynn Crane Notary Public (Seal) Filed in the Office of the Secretary of State March 28, 1986.
5516
CHATHAM COUNTY BOARD OF COMMISSIONERS; COUNTY MANAGER; POWERS AND DUTIES. CHATHAM COUNTY ENABLING ACT AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF CHATHAM COUNTY, GEORGIA, UNDER THE HOME RULE PROVISIONS IN THE GEORGIA CONSTITUTION TO AMEND THE ACT RELATIVE TO THE GOVERNING AUTHORITY OF CHATHAM COUNTY AND PROVIDING FOR A BOARD OF COMMISSIONERS, APPROVED MARCH 29, 1984 (GA. LAWS 1984, P. 5050), SO AS TO AMEND SAID ACT, TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES. Be it ordained by the Board of Commissioners of Chatham County, Georgia, and it is hereby ordained by authority of same, pursuant to the Home Rule provisions for counties of the Constitution of the State of Georgia, that the Act relative to the governing authority of Chatham County and providing for a Board of Commissioners, approved March 29, 1984 (Ga. Laws 1984, p. 5050), be and the same is hereby amended as follows: I. By striking subsection (a) of Section 9 of said Act and inserting in lieu thereof a new subsection (a) of Section 9 to read as follows: (a) The board of commissioners shall hold two regular meetings each month, except as may otherwise be determined by the board of commissioners, at the county seat for all matters requiring action of an administrative or policy nature, and for all matters advertised or scheduled for hearing in which the public will be asked to speak for or against the items under consideration, which meetings shall be open to the public. At the first meeting of the board of commissioners in January of each year, the board of commissioners shall set the days and the time when it will hold its regular meetings. Meeting hours for the public hearings may be changed by action of the board of commissioners and may be held at such hours as stated in the public notice of the date and time of such hearings. Special or additional meetings
5517
may be held as necessary upon call of the chairman or any five members of the board of commissioners, provided all members of the board of commissioners have been notified at least 24 hours in advance of such special or additional meeting, and such notice shall specify the subject matter to be considered. II. By striking subsection (b) of Section 11 of said Act and inserting in lieu thereof a new subsection (b) of Section 11 to read as follows: (b) Except for emergency ordinances under subsection (c) of this section, no ordinance shall be adopted until it has been read or presented in written form at two meetings held not less than one week apart. A resolution may be adopted at the same meeting at which it is introduced. 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. III. By striking Section 14 of said Act and inserting in lieu thereof a new Section 14 to read as follows: Section 14. Chairman; powers and duties. The chairman shall be the chief executive of the county and the presiding officer of the board of commissioners. In addition to the chairman's duties as presiding officer, the chairman shall have the power and it shall be the duty of said officer to: (1) Be the official spokesman for the county government and the chief advocate of policy as established by the board of commissioners; (2) Nominate the county manager and the county attorney as provided, respectively, in Sections 16 and 19 of this Act;
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(3) Preside at meetings of the board of commissioners and to serve in all respects as a member of the board; (4) Sign ordinances and resolutions on their final passage and sign deeds, bonds, contracts, and other instruments and documents in any case in which the general laws of this state or any ordinance or resolution of the board of commissioners so require or authorize; (5) Be recognized as the official head of the board of commissioners by the courts for the purpose of receiving service of civil process, by the Governor for the purpose of the military law, and for all ceremonial purposes; (6) Call special meetings of the board of commissioners as provided in subsection (a) of Section 9 of this Act; (7) Organize and approve items on the agenda at regular meetings of the board of commissioners as provided in subsection (c) of Section 9 of this Act; (8) Veto ordinances and resolutions as provided in Section 13 of this Act; (9) Represent the board of commissioners in matters involving the relationship of the county government with elected county officers and in intergovernmental relations, particularly where questions of public policy are at issue; (10) Conduct all meetings of the board of commissioners in accordance with Robert's Rules of Order, unless the board of commissioners shall adopt other rules; and (11) Perform such additional duties as may be required by law or ordinances or resolutions of the board of commissioners. IV. By striking Section 16 of said Act and inserting in lieu thereof a new Section 16 to read as follows:
5519
Section 16. County manager; appointment, qualifications, removal, and compensation. (a) There shall be a county manager who shall be nominated by the chairman of the board of commissioners and elected by a majority vote of the total membership 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 Chatham County or of the state at the time of election by the board of commissioners. The county manager shall be nominated and elected as provided in this subsection by May 1, 1985. The county manager shall not engage in any other business or occupation. (b) The county manager may be removed from office by a two-thirds' vote of the total membership of the board of commissioners. At least 30 days before such removal shall become effective, the board of commissioners shall, by the same vote required for removal, adopt a preliminary resolution stating the reasons for the removal of the county manager. 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 is requested, and after full consideration, the board of commissioners, by the vote required for the removal of the county manager, may adopt a final resolution of removal. By the preliminary resolution, the board of commissioners may suspend the county manager from duty but shall in any case cause to be paid forthwith to the county manager any unpaid balance of the county manager's salary and accumulated annual leave 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 for the next three months shall not be paid. (c) The county manager shall receive such compensation as shall be fixed by the board of commissioners. V. By striking Section 17 of said Act and inserting in lieu thereof a new Section 17 to read as follows:
5520
Section 17. County manager; powers and duties. 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 administrative 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, divisions, or bureaus; (3) To appoint or remove certain officers and employees as authorized by Section 18 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 this Act or 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; (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 establish the schedules and procedure to be followed by all county departments, offices, and agencies
5521
in connection with the budget and supervise and administer all phases of the budgetary process; (9) To submit to the board of commissioners and make available to the public a complete report on 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; (10) 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; (11) To keep the board of commissioners fully advised as to 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; (12) To appoint, when the manager deems necessary, subject to the approval of the chairman, 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; (13) To negotiate leases, contracts, and other agreements, including consultant services, for the county, subject to policies of the board, and make recommendations concerning the nature and location of county improvements; and (14) To exercise and perform such other or additional duties and assignments as may be required by the board of commissioners. VI. By striking Section 18 of said Act and inserting in lieu thereof a new Section 18 to read as follows: Section 18. County manager; authority relative to officers and employees. (a) Subject to the personnel rules
5522
adopted by the board of commissioners, to the limitations of subsection (d) of this section, and to other general limitations or qualifications prescribed by law, the county manager shall have the power to appoint and remove all officers and employees of the county government who are subject to the county manager's supervision and control. All unclassified employees who are under the control and supervision of the county manager shall serve at the pleasure of the county manager. (b) Subject to budgetary limits, salary ranges, and rules and regulations established by the board of commissioners, the county manager shall have the authority to fix the salaries of all employees who are subject to the county manager's supervision and control. (c) Except for the purpose of inquiry and information, the commission and individual commissioners shall deal with county employees who are subject to appointment and removal by the county manager solely through the county manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly. (d) 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 or appointed by the board of commissioners; (2) Members of boards, commissions, and authorities; (3) Assistants to the chairman of the board of commissioners and the county attorney; and (4) Employees subject to the supervision and control of elected officials. VII. By striking subsection (b) of Section 21 of said Act and inserting in lieu thereof a new subsection (b) of Section 21 to read as follows:
5523
(b) All requests for legal opinions from the county attorney shall be made through the chairman of the board of commissioners or through the county manger. VIII. By striking Section 24 of said Act and inserting in lieu thereof a new Section 24 to read as follows: Section 24. Competitive bidding. The board of commissioners shall require competitive bidding before making a purchase or contract, except professional services contracts, purchases for which only a sole source exists, and emergency purchases under such rules and regulations as it may establish, but the board may by ordinance exempt other purchases 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. IX. By striking Section 25 of said Act and inserting in lieu thereof a new Section 25 to read as follows: Section 25. Powers and duties of the board of commissioners. 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 Chatham County. Without limiting the generality of the foregoing, 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;
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(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 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 and in bringing them to a settlement; (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;
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(18) To enact any ordinances or resolutions the county may be given authority to enact; (19) To determine the priority of capital improvement; (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 to engage in any trade, business, calling, avocation, or profession in the unincorporated area of Chatham 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 prevent animals from running at large in the county; to regulate the manner and numbers in which animals may be kept; to take up and impound animals and to punish all owners or other persons keeping animals for failure or refusal to obey any ordinance controlling or regulating the keeping of animals and to fix penalties and charges to be paid for the violation of any such ordinance; to provide for the sale or disposition of unclaimed
5526
animals impounded; to levy and collect a tax upon dogs kept in said county and to provide for registration of dogs; and to do any and all things necessary to carry out the purposes of this paragraph for the public interest; (25) 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; (26) To provide ordinances and resolutions 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; (27) 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; (28) 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 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; (29) To adopt ordinances and regulations for the prevention of idleness, loitering, vagrancy, disorderly conduct, public drunkenness, and disturbing the peace in the incorporated 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 Chatham 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 Chatham County and to the welfare and morals of the citizens thereof; and
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(30) To exercise all powers now or hereafter vested in county governing authorities by the Constitution and general laws of this state. XI. All laws and parts of laws in conflict with this ordinance are hereby repealed. XII. Should any part, portion or paragraph of this ordinance be declared unconstitutional or void by a Court of competent jurisdiction, such declarations shall not affect the remaining portions of this ordinance not so declared to be invalid, but the same shall remain in full force and effect as if separately adopted. XIII. This ordinance shall be presented to the Board of Commissioners of Chatham County for adoption at two regular, consecutive meetings of the County Commissioners, held not less than seven (7) or more than sixty (60) days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official organ of Chatham County once a week for three weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment or repeal is on file in the office of the Clerk of the Superior Court of Chatham County for the purpose of examination and inspection by the public. XIV. This ordinance shall be first presented to the Board of Commissioners of Chatham County on the 14th day of March, 1986, and again on the 28th day of March, 1986, at the regular time and place of the meeting of the Board of Commissioners of Chatham County, at which time action may be taken. XV. A synopsis of this ordinance shall be published in the official organ of Chatham County once a week for three weeks, namely
5528
on the 12th day of March, and the 19th day of March, and the 26th day of March, 1986, and a copy of this ordinance shall be filed with the Clerk of the Chatham County 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. XVI. The provisions of this ordinance shall become effective on April 4, 1986. Adopted this 28th day of March, 1986. By: /s/ Charles C. Brooks Charles C. Brooks, Chairman Board of Commissioners Chatham County, Georgia Attest: /s/ Jimmie L. Szoke Jimmie L. Szoke, Clerk Board of Commissioners Chatham County, Georgia Affidavit of Publication 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;
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That he was reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Mar 12, 1986, Mar 19, 1986, Mar 26, 1986, and finds that the following advertisement to wit: CC 9050 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of Commissioners of Chatham County proposes to adopt an ordinance under the Home Rule for Counties provisions of the Constitution of the State of Georgia. At their regular meetings an action may be taken on March 14, 1986, and March 28, 1986, a copy of the proposed ordinance being on file in the office of the Clerk of the Superior Court of Chatham County, Georgia, for the purpose of examination and inspection. The Clerk of the Superior Court will furnish anyone, upon written request, a copy of the proposed ordinance. Synopsis of Proposed Ordinance Said proposed ordinance provides for the amendment of the laws relative to the governing authority of Chatham County and providing for a board of commissioners, approved March 29, 1984 (Ga. L. 1984, p. 5050), so as to change the provisions relative to meetings of the board; to allow the board to set the time and dates of its regular meetings; to provide that resolutions may be adopted at the same meeting at which they are introduced; to change the title of and all references to the county administrator to county manager; to provide that the county manager shall not engage in any other business or occupation; to change the provisions relating to the powers and duties of the county manager; to redesignate certain provisions of said Act; to provide for additional powers and duties of the county manager; to change the provisions relating to the county budget; to change the provisions relating to appointment of a qualified administrative officer to exercise the powers of the county manager; to provide for leases, contracts, and other agreements; to change the provisions relative to county employees and their employment, compensation, control, and supervision; to change the provisions relative to competitive bidding and purchases; to change the provisions relative to enactment of ordinances and resolutions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
5530
By: /s/ Charles C. Brooks, Chairman, Chatham County Board of Commissioners Mar. 12,19,26 N appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 1 day of April, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia My Commission Expires Apr. 28, 1989 (Seal) Filed in the Office of the Secretary of State April 4, 1986. FAYETTE COUNTY INDUSTRIAL BUILDING AUTHORITY ACT OF 1962 REPEAL. STATE OF GEORGIA COUNTY OF FAYETTE ORDINANCE NO. 86-04 AN ORDINANCE TO REPEAL THE FAYETTE COUNTY INDUSTRIAL BUILDING AUTHORITY, GA. L., 1962, PAGE 957 ET. SEQ.; TO PROMOTE THE PUBLIC HEALTH, SAFETY AND WELFARE; AND FOR OTHER PURPOSES. Be it ordained by the Board of Commissioners of Fayette County and is hereby enacted pursuant to the authority of the same that pursuant to Art. 9, 2, Paragraph 1(b)(1) of the Georgia Constitution of 1983 that certain Act known as the Fayette County Industrial Building Authority Act of 1962, Ga. L., 1962, Page 957 et.seq. is hereby repealed in its entirety.
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ENACTED this 27th day of March, 1986. BOARD OF COMMISSIONERS OF FAYETTE COUNTY BY: /s/ Dennis Berkelbaugh DENNIS BERKELBAUGH, CHAIRMAN ATTEST: /s/ Margaret Malone MARGARET MALONE, CLERK STATE OF GEORGIA COUNTY OF FAYETTE CERTIFICATE OF CLERK I, Margaret Malone, hereby certify that I am the duly appointed and acting Clerk of the Board of Commissioners of Fayette County, Georgia; and that as such Clerk I am custodian of the books, records, and minutes of said Board. I further certify that the attached typewritten matter is a true and correct copy of Ordinance No. 86-04, duly read, considered, and adopted by the Board of Commissioners of Fayette County, Georgia, at two official consecutive meetings held on March 13, 1986 and March 27, 1986, in the Fayette County Courthouse, Fayetteville, Georgia, just as said Ordinance appears in the official records of this Board in my custody. IN WITNESS WHEREOF, I have set my hand and caused the Seal of Fayette County, Georgia, to be affixed this 10th day of April, 1986. /s/ Margaret Malone Margaret Malone, Clerk Board of Commissioners Fayette County, Georgia (SEAL) LEGAL 1887
5532
PUBLIC NOTICE Please take notice that pursuant to Art. 9 Section 2, paragraph 1(b)(1) of the Constitution of the State of Georgia of 1983 that the Board of Commissioners of Fayette County will consider an ordinance to repeal Ga. L. 1962, p. 957 et. seq. creating the Fayette County Industrial Building Authority. Said ordinance of repeal will be considered by the Board of Commissioners of Fayette County at their regular business meetings of March 13, 1986 and March 27, 1986, at 7:30 P.M. A copy of the proposed ordinance of repeal is on file in the office of the Clerk of the Superior Court of Fayette County for the purpose of examination and inspection by the public. The Clerk of the Superior Court shall furnish anyone, upon written request, a copy of the proposed ordinance of repeal. This 19th day of February, 1986. GLAZE and McNALLY County Attorney Fayette County Feb. 19, 26, March 5, 1986 STATE OF GEORGIA COUNTY OF FAYETTE PUBLISHERS AFFIDAVIT Personally appeared before the undersigned officer in and for said state and county, Gary Cornwell, who under oath deposes and says that he is the publisher of the Fayette County News, a newspaper in which advertisements appear for the Fayette County Sheriff and said paper being the legal organ for the County of Fayette, and does further state that a copy of an advertisement which is attached hereto, was published in said newspaper on the following dates, to wit: February 19, 1986, February 26, 1986 and March 5, 1986. /s/ Gary Cornwell GARY CORNWELL
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Sworn to and subscribed before me this 7th day of April, 1986. /s/ Helen S. Teague NOTARY PUBLIC (Seal) Filed in the Office of the Secretary of State April 14, 1986. BULLOCH COUNTY BOARD OF COMMISSIONERS; CLERK, DEPUTY CLERK, AND CLERICAL ASSISTANT; COMPENSATION. STATE OF GEORGIA COUNTY OF BULLOCH RESOLUTION WHEREAS, by House Bill 1413 local legislation was enacted by the 1982 session of the General Assembly of the State of Georgia providing that the Assistant Clerk of the Board of Commissioners be compensated in an amount not to exceed $12,558.00 per annum and an additional Clerical Assistant to be compensated in an amount not to exceed $10,515.00 per annum; and WHEREAS, on 06 March 1986 local legislation was enacted by the General Assembly of the State of Georgia providing that the Board of Commissioners is authorized to employ a Clerk who may be a part-time member of the Board of Commissioners or any qualified person... and also provided for the appointment of a Deputy Clerk; and WHEREAS, the Board of Commissioners of Bulloch County has employed a qualified person who has served as Assistant Clerk since 01 July 1985 and by appropriate resolution will be
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appointed Clerk beginning 01 July 1986 pursuant to the 06 March local legislation of the Board of Commissioners of Bulloch County; and WHEREAS, the Georgia Constitution Article IX, Section II, Paragraph I provides that [s]uch local acts may be amended or repealed by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than 60 days apart...; and WHEREAS, the Board of Commissioners wish to amend by the Home Rule provision of the Georgia Constitution Article IX, Section II, Paragraph IHouse Bill 1413 that set the salary of the Assistant Clerk of the Board of Commissioners at $12,558.00 and to set said salary at $16,000.00 per annum and to set the salary of the Clerical Assistant of the Board of Commissioners at $9,600.00 per annum both beginning 01 July 1985; and WHEREAS, the Board of Commissioners of Bulloch County, wish to repeal House Bill 1413 as of 01 July 1986, pursuant to the Georgia Constitution Article IX, Section II, Paragraph I and to provide, effective 01 July 1986, that the salaries of the Clerk of the Board of Commissioners of Bulloch County, Deputy Clerk, and the Clerical Assistant in the office of the Commissioners of Bulloch County shall be set by the Board of Commissioners. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Bulloch County hereby amend House Bill 1413, that allowed for the compensation of the Assistant Clerk to be $12,558.00 per annum and Clerical Assistant at $10,515.00 and does hereby set said salary at $16,000.00 per annum and $9,600.00 respectively, beginning 01 July 1985 by the Home Rule provision of the Georgia Constitution Article IX, Section II, Paragraph I. FURTHERMORE, BE IT RESOLVED that the Board of Commissioners of Bulloch County hereby repeal House Bill 1413, effective 01 July 1986, pursuant to the Home Rule provision of the Georgia Constitution Article IX, Section II, Paragraph I. Be it further resolved, effective 01 July 1986, the Board of Commissioners shall establish the salaries of the Clerk of the Board
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of Commissioners of Bulloch County, the Deputy Clerk, and the Clerical Assistant from time to time as said Board deems appropriate under the then existing circumstances. This Resolution is given this 20th day of May, 1986 by the Bulloch County Board of Commissioners, and the seal affixed hereto by the Clerk of the Bulloch County Board of Commissioners. /s/ ROBERT T. COX, Commissioner Bulloch County Board of Commissioners ATTEST: /s/ Evelyn H. Wilson Assistant Clerk STATE OF GEORGIA COUNTY OF BULLOCH RESOLUTION WHEREAS, by House Bill 1413 local legislation was enacted by the 1982 session of the General Assembly of the State of Georgia providing that the Assistant Clerk of the Board of Commissioners be compensated in an amount not to exceed $10,515.00 per annum; and WHEREAS, on 06 March 1986 local legislation was enacted by the General Assembly of the State of Georgia providing that the Board of Commissioners is authorized to employ a Clerk who may be a part-time member of the Board of Commissioners or any qualified person... and also provided for the appointment of a Deputy Clerk; and WHEREAS, the Board of Commissioners of Bulloch County has employed a qualified person who has served as Assistant Clerk since 01 July 1985 and by appropriate resolution will be appointed Clerk beginning 01 July 1986 pursuant to the 06 March 1986 local legislation of the Board of Commissioners of Bulloch County; and
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WHEREAS, the Georgia Constitution Article IX, Section II, Paragraph I provided that [s]uch local acts may be amended or repealed by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than 60 days apart...; and WHEREAS, the Board of Commissioners wish to amend by the Home Rule provision of the Georgia Constitution Article IX, Section II, Paragraph I House Bill 1413 that set the salary of the Assistant Clerk of the Board of Commissioners at $12,558.00 and to set said salary at $16,000.00 per annum and to set the salary of the Clerical Assistant of the Board of Commissioners at $9,600,00 per annum both beginning 01 July 1985; and WHEREAS, the Board of Commissioners of Bulloch County, wish to repeal House Bill 1413 as of 01 July 1986, pursuant to the Georgia Constitution Article IX, Section II, Paragraph I and to provide, effective 01 July 1986, that the salaries of the Clerk of the Board of Commissioners of Bulloch County, Deputy Clerk, and the Clerical Assistant in the office of the Commissioners of Bulloch County shall be set by the Board of Commissioners. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Bulloch County hereby amend House Bill 1413, that allowed for the compensation of the Assistant Clerk to be $12,558.00 per annum and Clerical Assistant at $10,515.00 and does hereby set said salary at $16,000.00 per annum and $9,600.00 respectively, beginning 01 July 1985 by the Home Rule provision of the Georgia Constitution Article IX, Section II, Paragraph I. FURTHERMORE, BE IT RESOLVED that the Board of Commissioners of Bulloch County hereby repeal House Bill 1413, effective 01 July 1986, pursuant to the Home Rule provision of the Georgia Constitution Article IX, Section II, Paragraph I. Be it further resolved, effective 01 July 1986, the Board of Commissioners shall establish the salaries of the Clerk of the Board of Commissioners of Bulloch County, the Deputy Clerk, and the Clerical Assistant from time to time as said Board deems appropriate under the then existing circumstances. This Resolution is given this 16th day of June, 1986 by the Bulloch County Board of Commissioners, and the seal affixed
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hereto by the Clerk of the Bulloch County Board of Commissioners. /s/ Robert T. Cox ROBERT T. COX, Chairman Bulloch County Board of Commissioners ATTEST: /s/ Evelyn H. Wilson Assistant Clerk (Seal) AMENDMENT-REPEAL OF HOUSE BILL 1413 WHEREAS, the Georgia Constitution Article IX, Section II, Paragraph I provides that such local acts may be amended or repealed by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than 60 days apart...; and WHEREAS, the Board of Commissioners wish to amend by the Home Rule provision of the Georgia Constitution Article IX, Section II, Paragraph I, House Bill 1413 that set the salary of the Assistant Clerk of the Board of Commissioners at $12,558.00 and to set said salary at $16,000.00 per annum and to set the Salary of the Clerical Assistant of the Board of Commissioners at $9,600.00 per annum both beginning 01 July 1985; and WHEREAS, the Board of Commissioners of Bulloch County, wish to repeal House Bill 1413 as of 01 July 1986, pursuant to the Georgia Constitution Article IX, Section II, Paragraph I and to provide, effective 01 July 1986, that the salaries of the Clerk of the Board of Commissioners of Bulloch County, Deputy Clerk, and the Clerical Assistant in the office of the Commissioners of Bulloch county shall be set by the Board of Commissioners. NOTICE IS HEREBY GIVEN, that the Board of Commissioners of Bulloch County adopted a Resolution on 20 May 1986 in order to amend House Bull 1413 to set the said salary of the Assistant Clerk of the Bulloch County Board of Commissioners
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at $16,000.00 per annum and the Clerical Assistant at $9,600.00 per annum and to repeal House Bill 1413, effective 01 July 1986, to allow the Board of Commissioners to establish the salaries of the Clerk, the Deputy Clerk, and the Clerical Assistant of the Bulloch County Board of Commissioners from time to time as the Board deems appropriate under the then existing circumstances. A COPY OF THE PROPOSED AMENDMENT REPEAL 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. Robert T. Cox Chairman, Board of Commissioners Bulloch County, Georgia No. 7063 6-6-86 GEORGIA, BULLOCH COUNTY CERTIFICATE OF PUBLICATION I, the Manager of the Legal Advertisement Section of the Statesboro Herald, official organ of Bulloch 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 Bulloch County for publication of advertisements and by other officials and official bodies of and in said County for the publication of notices required by law; I have reviewed the regular editions of the Statesboro Herald, published on May 23, 30, and June 6, 1986, and found that the advertisement, attached hereto has appeared in each of said editions. Signed under the pains and penalties of perjury.
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/s/ Tracie H. Maricle TRACIE MARICLE Sworn to and subscribed before me this 11th day of June, 1986. /s/ Helen M. Mathis N.P., Georgia State at Large (Seal) Filed in the Office of the Secretary of State July 28, 1986. ROCKDALE COUNTY BOARD OF COMMISSIONERS; MEETINGS. AN ORDINANCE TO AMEND AN ACT ENTITLED AN ACT TO CREATE A BOARD OF COMMISSIONERS FOR ROCKDALE COUNTY; TO PROVIDE FOR THE MEMBERSHIP OF SAID BOARD; TO PROVIDE FOR THE ELECTIONS, QUALIFICATIONS, TERMS, POWERS, COMPENSATION AND DUTIES OF THE CHAIRMAN AND OTHER MEMBERS OF SAID BOARD; TO PROVIDE FOR OTHER MATTERS RELATIVE TO SAID BOARD OF COMMISSIONERS AND RELATIVE TO THE GOVERNMENT OF ROCKDALE COUNTY BY SAID BOARD; TO PROVIDE FOR ALL MATTERS RELATIVE TO THE FOREGOING; TO PROVIDE FOR REFERENDUM; TO PROVIDE FOR EFFECTIVE DATES; AND FOR OTHER PURPOSES (GA. LAW 1977, p. 2817); AS AMENDED; BY AMENDING SECTION 8 OF THE ORIGINAL ACT AS NOW AMENDED TO BE KNOWN AS SECTION 8; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Board of Commissioners of Rock-dale County, Georgia, and it is hereby ordained by Authority of same as follows: SECTION 1 Pursuant to the County Home Rule Authority under GA. Const., Art. IX, Sec. II, the Board of Commissioners hereby amends
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an Act of the General Assembly, GA. Law 1977, p. 2817, entitled as follows: AN ACT TO CREATE A BOARD OF COMMISSIONERS FOR ROCKDALE COUNTY; TO PROVIDE FOR THE MEMBERSHIP OF SAID BOARD; TO PROVIDE FOR THE ELECTIONS, QUALIFICATIONS, TERMS, POWERS, COMPENSATION AND DUTIES OF THE CHAIRMAN AND OTHER MEMBERS OF SAID BOARD; TO PROVIDE FOR OTHER MATTERS RELATIVE TO SAID BOARD OF COMMISSIONERS AND RELATIVE TO THE GOVERNMENT OF ROCKDALE COUNTY BE SAID BOARD; TO PROVIDE FOR ALL MATTERS RELATIVE TO THE FOREGOING; TO PROVIDE FOR REFERENDUM; TO PROVIDE FOR EFFECTIVE DATES; AND FOR OTHER PURPOSES (GA. Law 1977, p. 2817); as amended. Section 8 of said Act, as amended, reads as follows: Section 8, Meetings: The Commission shall hold regular meetings on the second and fourth Tuesdays of each month at the County seat at 10:00 o'clock A.M. on the second Tuesday and 7:00 o'clock P.M. on the fourth Tuesday, which meeting shall be open to the public, and may hold such additional meetings as shall be necessary when called by the Chairman or any two Commissioners, provided all members of the Commission shall have been notified at least one (1) day in advance of such special meeting. No official action shall be taken by the Commission except in a meeting which is open to the public. Any two Commissioners or the Chairman and any one Commissioner shall constitute a quorum, but no official action shall be taken except under the affirmative vote of at least two commissioners or one commissioner and the Chairman. The Chairman shall be entitled to the same voting rights as other commissioners on questions considered by the Commission. Said Section 8 shall be further amended to read as follows: Section 8, Meetings: The Commission shall hold regular meetings on the second and fourth Tuesdays of each month at the County seat at 10:00 o'clock A.M., which meetings shall be open to the public, and may hold such additional meetings as
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shall be necessary when called by the Chairman or any two Commissioners, provided all members of the Commission shall have been notified at least one (1) day in advance of such special meeting. No official action shall be taken by the Commission except in a meeting which is open to the public. Any two Commissioners or the Chairman and any one Commissioner shall constitute a quorum, but no official action shall be taken except under the affirmative vote of at least two commissioners or one commissioner and the Chairman. The Chairman shall be entitled to the same voting rights as other Commissioners on questions considered by the Commission. SECTION 2 This Ordinance shall become effective on the second and final adoption as provided by law. SECTION 3 All Ordinances, or the Act or portions of the Act, or parts thereof, in conflict herewith are hereby repealed. First adopted this 22nd day of July, 1986. Finally adopted this 12th day of August, 1986. BOARD OF COMMISSIONERS, ROCKDALE COUNTY, GEORGIA /s/ C. S. Smith, Jr. /s/ Charles S. Trollinger /s/ Wayne Ingle ATTEST: /s/ Sarah R. Alexander Ex-Officio Clerk APPROVED AS TO FORM: /s/ J.N. County Attorney
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CERTIFICATION I, Jean F. Hambrick, Administrative Assistant to the Board of Commissioners, Rockdale County, Georgia, do hereby certify that the attached Ordinance numbered 1986-17 is a true and exact copy of the original ordinance duly approved by the Board of Commissioners on July 22, 1986 and on August 12, 1986. This the 13th day of August, 1986. /s/ Jean F. Hambrick Jean F. Hambrick Administrative Assistant SEAL AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF ROCKDALE Peprsonally appeared before the undersigned Jane O. Patterson who on oath says that she is Advertising Manager of THE ROCKDALE CITIZEN, and that the legal advertisement which appears below was published in said newspaper on the following dates: July 10, 17 24, 1986 /s/ Jane O. Patterson Jane O. Patterson LEGAL HOME RULE AMENDMENT Pursuant to the County Home Rule Authority under the Georgia Constitution Article IX, Sec. II, requiring the publication in the official county organ of a synopsis of proposed amendments as to Ga. Law 1977, 2817, the Board of Commissioners hereby proposes to amend an Act of the General Assembly, Ga. Law 1977, P. 2817, by changing the regular meeting of the Commission on the fourth Tuesday of each month at the County seat from a beginning time of 7:00 P.M. to a beginning time of 10:00 A.M. A copy of the proposed amendment is on file with the Office of the Clerk of the Superior Court of Rockdale County for the purpose of examination and inspection by the public.
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John A. Nix County Attorney Rockdale County, Georgia 3tcJy10,17,24Thurs Filed in the Office of the Secretary of State August 22, 1986. GWINNETT COUNTY BOARD OF COMMISSIONERS; COUNTY-WIDE RECREATION TAXING DISTRICT; REFERENDUM. BOARD OF COMMISSIONERS GWINNETT COUNTY LAWRENCEVILLE, GEORGIA ORDINANCE FIRST READING AND ADOPTION: 9/02/86 SECOND READING AND ADOPTION: 9/16/86 At regular meetings of the Gwinnett County Board of Commissioners held in the Commission Meeting Room, 250 Scenic Highway, Lawrenceville, Georgia. Present VOTE FIRST READING VOTE SECOND READING Lillian Webb, Chairman Yea Yea Ken Suffridge, District 1 Yea Yea Scott Ferguson, District 2 Yea Yea Mike Berg, District 3 Yea Yea Bartow Jenkins, District 4 Yea Yea AN ORDINANCE TO AMEND THE LOCAL ACT CREATING A BOARD OF COMMISSIONERS FOR GWINNETT COUNTY, APPROVED JANUARY 31, 1968 (GA. L. 1968, PAGE 2003), AS AMENDED, UNDER HOME RULE POWERS DELEGATED
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TO THE GWINNETT COUNTY BOARD OF COMMISSIONERS BY THE 1983 GEORGIA CONSTITUTION, BY ADDING TO GA. L. 1968, PAGE 2003 NEW SECTIONS AUTHORIZING THE GWINNETT COUNTY BOARD OF COMMISSIONERS TO EXPAND THE EXISTING RECREATION TAXING DISTRICT TO CREATE A COUNTY-WIDE RECREATION TAXING DISTRICT; TO PROVIDE FOR A TAX LEVY THEREIN NOT TO EXCEED ONE MILL OF TAX TO PROVIDE FUNDS FOR THE BOARD OF COMMISSIONERS TO ESTABLISH AND MAINTAIN A RECREATION SYSTEM WITHIN SAID DISTRICT; TO PROVIDE THAT THE BOARD OF COMMISSIONERS MAY PURCHASE AND LEASE REAL AND PERSONAL PROPERTY AND ACQUIRE ALL EQUIPMENT AND PERSONNEL NECESSARY TO ESTABLISH AND MAINTAIN A RECREATION SYSTEM WITHIN SAID DISTRICT; TO AUTHORIZE THE GWINNETT COUNTY BOARD OF COMMISSIONERS TO CONTRACT WITH ADDITIONAL MUNICIPALITIES WITHIN GWINNETT COUNTY TO PROVIDE PARKS, RECREATION AREAS, PROGRAMS, AND FACILITIES INSIDE THE BOUNDARIES OF THOSE MUNICIPALITIES; AND FURTHER TO PROVIDE THAT THE CREATION OF SAID COUNTY-WIDE RECREATION TAX DISTRICT SHALL BECOME EFFECTIVE ONLY UPON THE AFFIRMATIVE VOTE OF THE ELECTORS OF GWINNETT COUNTY. WHEREAS, by local act, the General Assembly of the State of Georgia, by Georgia Laws 1968 Session, Volume 2, page 2003, created in and for the County of Gwinnett, a Chairman and Board of Commissioners for Gwinnett County; and WHEREAS, Ga. L. 1971, page 4110, as amended by Ga. L. 1975, page 3108 created a special taxing district to be known as Gwinnett County Recreation District No. 1, and provided for a tax levy on all taxable property within this special district to provide funds for the governing authority to establish and maintain a recreation system within said district; and WHEREAS, pursuant to said local acts of the General Assembly, Gwinnett County Recreation District No. 1 has been expanded to include the Pinkneyville, Garners, Duluth, Suwanee and Dacula militia districts; and WHEREAS, it is the intent of this Home Rule Ordinance to expand the existing Recreation District No. 1 to create a county-wide recreation taxing district; and
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WHEREAS, the Gwinnett County Board of Commissioners is authorized to amend or repeal the said local acts pursuant to constitutional authority granted to the Board by Article IX, Section II, Paragraph 1(b)(1) of the 1983 Georgia Constitution; and WHEREAS, Article IX, Section II, Paragraph 3(a)(5) of the 1983 Georgia Constitution provides that in addition to and supplementary of all powers possessed by the County, Gwinnett County may exercise the needed powers to provide parks, recreational areas, programs, and facilities; and WHEREAS, Article IX, Section II, Paragraph 6(c) provides that special districts may be created for the provision of local government services within such districts by County ordinance or resolution, and that fees, assessments, and taxes may be levied and collected within such districts to pay, wholly or partially, the cost of providing such services therein and to construct and maintain facilities therefor; NOW, THEREFORE, BE IT ORDAINED, by the Gwinnett County Board of Commissioners that Georgia Laws 1968, page 2003, be, and it is hereby, amended by adding thereto new sections, to be numbered Part 1, Section 25 et sec., to provide as follows: Section 25. There is hereby created and established within Gwinnett County a special taxing district comprising all the area within the County. This county-wide special taxing district shall be known as the Gwinnett County Recreation District. Section 26. The governing authority of Gwinnett County is hereby authorized to levy a tax, not to exceed one mill, on all property in the Gwinnett County Recreation District to establish and maintain a parks and recreation system within the District. Section 27. The governing authority of Gwinnett County is authorized to purchase and lease real and personal property and to acquire all equipment and personnel necessary to establish and maintain a parks and recreation system within the District. The governing authority
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is authorized to establish all rules, regulations and fees necessary for the establishment, operation and maintenance of a parks and recreation system within the District. Section 28. The governing authority is authorized to contract with any other political subdivision for the establishment and maintenance of a parks and recreation system within the District. Section 29. Gwinnett County Recreation District No. 1, created by Ga. L. 1971, page 4110, as amended by Ga. L. 1975, page 3108 shall henceforth be an integral part of the county-wide Gwinnett County Recreation District, and shall be subject only to the tax levied District-wide in the new Gwinnett County Recreation District. All tax monies collected within the old Recreation District No. 1 prior to the creation of the new Gwinnett County Recreation District shall be utilized within the old Recreation District No. 1. Gwinnett county shall continue to provide parks and recreation in those cities within old Recreation District No. 1. Section 30. 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 Gwinnett County to issue the call for an election for the purpose of submitting this Home Rule Ordinance to the electors of Gwinnett County 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 Gwinnett County. The ballot shall have written or printed thereon the following: () YES () NO Shall the Ordinance providing for the expansion of the existing Recreation District to include all of Gwinnett County, and authorizing the levy of a tax not to exceed one mill to provide county-wide Parks and Recreation, be approved?
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All persons desiring to vote for approval of the Home Rule Ordinance shall vote yes, and those persons desiring to vote for rejection of the Ordinance shall vote No. If more than one-half of the votes cast on such question are for approval of the Home Rule Ordinance, Sections 25 through 30 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 bourne by Gwinnett 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 results thereof to the Secretary of State. Section 31. All laws and parts of laws in conflict with this Home Rule Ordinance are repealed. BY: /s/ Lillian Webb Lillian Webb, Chairman Gwinnett County Board of Commissioners ATTEST: /s/ Charlotte J. Nash Clerk CERTIFICATION I, Charlotte Nash, Clerk of the Board of Commissioners, Gwinnett County, Georgia do hereby certify that the attached Ordinance is a true copy of the original Ordinance as it appeared on file in the Minutes of the Board of Commissioners, Gwinnett County, Georgia. I further certify that said Ordinance was duly adopted by the Board of Commissioners of Gwinnett County at two (2) regular consecutive meetings of the Board of Commissioners held on September 2, 1986 and September 16, 1986. So certified under my hand and seal of the Board of Commissioners, Gwinnett County, Georgia, this 15th day of October, 1986. /s/ Charlotte Nash Charlotte Nash Clerk of the Board of Commissioners Gwinnett County, Georgia
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NOTICE OF PROPOSED HOME RULE ORDINANCE GWINNETT COUNTY BOARD OF COMMISSIONERS SEPTEMBER 2, 1986 AT 10:00 A.M., FIRST READING SEPTEMBER 16, 1986 AT 10:00 A.M., SECOND READING COMMISSION MEETING ROOM 250 SCENIC HIGHWAY LAWRENCEVILLE, GEORGIA 30245 Notice is hereby given that the Gwinnett County Board of Commissioners will consider adoption as scheduled above, on first and second readings, the following Home Rule Ordinance: AN ORDINANCE TO AMEND THE LOCAL ACT CREATING A BOARD OF COMMISSIONERS FOR GWINNETT COUNTY, APPROVED JANUARY 31, 1968 (GA. L. 1968, PAGE 2003), AS AMENDED, UNDER HOME RULE POWERS DELEGATED TO THE GWINNETT COUNTY BOARD OF COMMISSIONERS BY THE 1983 GEORGIA CONSTITUTION, BY ADDING TO GA. L. 1986, PAGE 2003 NEW SECTIONS AUTHORIZING THE GWINNETT COUNTY BOARD OF COMMISSIONERS TO EXPAND THE EXISTING RECREATION TAXING DISTRICT TO CREATE A COUNTY-WIDE RECREATION TAXING DISTRICT; TO PROVIDE FOR A TAX LEVY THEREIN NOT TO EXCEED ONE MILL OF TAX TO PROVIDE FUNDS FOR THE BOARD OF COMMISSIONERS TO ESTABLISH AND MAINTAIN A RECREATION SYSTEM WITHIN SAID DISTRICT; TO PROVIDE THAT THE BOARD OF COMMISSIONERS MAY PURCHASE AND LEASE REAL AND PERSONAL PROPERTY AND ACQUIRE ALL EQUIPMENT AND PERSONNEL NECESSARY TO ESTABLISH AND MAINTAIN A RECREATION SYSTEM WITHIN SAID DISTRICT; TO AUTHORIZE THE GWINNETT COUNTY BOARD OF COMMISSIONERS TO CONTRACT WITH ADDITIONAL MUNICIPALITIES WITHIN GWINNETT COUNTY TO PROVIDE PARKS, RECREATION AREAS, PROGRAMS, AND FACILITIES INSIDE THE BOUNDARIES OF THOSE MUNICIPALITIES; AND FURTHER TO PROVIDE THAT THE CREATION OF SAID COUNTY-WIDE RECREATION TAX DISTRICT SHALL BECOME EFFECTIVE ONLY UPON THE AFIRMATIVE VOTE OF THE ELECTORS OF GWINNETT COUNTY. WHEREAS, by local act, the General Assembly of the State of Georgia, by Georgia Laws 1968 Session, Volume 2, page 2003,
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created in and for the County of Gwinnett, a Chairman and Board of Commissioners for Gwinnett County; and WHEREAS, Ga. L. 1971, page 4110, as amended by Ga. L. 1975, page 3108 created a special taxing district to be known as Gwinnett County Recreation District No. 1, and provided for a tax levy on all taxable property within this special district to provide funds for the governing authority to establish and maintain a recreation system within said district; and WHEREAS, pursuant to said local acts of the General Assembly, Gwinnett County Recreation District No. 1 has been expanded to include the Pinkneyville, Garners, Duluth, Suwanee and Dacula milita districts; and WHEREAS, it is the intent of this Home Rule Ordinance to expand the existing Recreation District No. 1 to create a county-wide recreation taxing district; and WHEREAS, the Gwinnett County Board of Commissioners is authorized to amend or repeal the said local pacts pursuant to constitutional authority granted to the Board by Article IX, Section II, Paragraph 1(b)(1) of the 1983 Georgia Constitution; and WHEREAS, Article IX, Section II, Paragraph 3(a)(5) of the 1983 Georgia Constitution provides that in addition to and supplementary of all powers possessed by the County, Gwinnett County may exercise the needed powers to provide parks, recreational areas, programs, and facilities; and WHEREAS, Article IX, Section II, Paragraph 6(c) provides that special districts may be created for the provision of local government services within such districts by County ordinance or resolution, and that fees, assessments, and taxes may be levied and collected within such districts to pay, wholly or partially, the cost of providing such services therein and to construct and maintain facilities therefor; NOW, THEREFORE, BE IT ORDAINED, by the Gwinnett County Board of Commissioners that Georgia Laws 1968, page 2003 be, and it is hereby, amended by adding thereto new sections, to be numbered Part 1, section 25 et sec., to provide as follows:
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Section 25. There is hereby created and established within Gwinnett County a special taxing district comprising all the area within the County. This county-wide special taxing district shall be known as the Gwinnett County Recreation District. Section 26. The governing authority of Gwinnett County is hereby authorized to levy a tax, not to exceed one mill, on all property in the Gwinnett County Recreation District to establish and maintain a parks and recreation system within the District. Section 27. The governing authority of Gwinnett County is authorized to purchase and lease real and personal property and to acquire all equipment and personnel necessary to establish and maintain a parks and recreation system within the District. The governing authority is authorized to establish all rules, regulations and fees necessary for the establishment, operation and maintenance of a parks and recreation system within the District. Section 28. The governing authority is authorized to contract with any other political subdivision for the establishment and maintenance of a parks and recreation system within the District. Section 29: Gwinnett County Recreation District No. 1, created by Ga. L. 1971, page 4110, as amended by Ga. L. 1975, page 3108 shall henceforth be an integral part of the county-wide Gwinnett County Recreation District, and shall be subject only to the tax levied District-wide in the new Gwinnett County Recreation District. All tax monies collected within the old Recreation District No. 1 prior to the creation of the new Gwinnett County Recreation District shall be utilized within the old Recreation District No. 1. Gwinnett county shall continue to provide parks and recreation in those cities within old Recreation District No. 1. Section 30. 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 Gwinnett County to issue the call for an election for the purpose of submitting this Home Rule Ordinance to the electors of Gwinnett County for approval or rejection. The superintendent shall set the date
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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 or Gwinnett County. The ballot shall have written or printed thereon the following: () Yes () NO Shall the Ordinance providing for the expansion of the existing Recreation District to include all of Gwinnett County, and authorizing the levy of a tax not to exceed one mill to provide county-wide Parks and Recreation, be approved? All persons desiring to vote for approval of the Home Rule Ordinance shall vote yes, and those persons desiring to vote for rejection of the Ordinance shall vote No. If more than one-half of the votes cast on such question are for approval of the Home Rule Ordinance, Sections 25 through 30 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 bourne by Gwinnett 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 results thereof to the Secretary of State. Section 31. All laws and parts of laws in conflict with this Home Rule Ordinance are repealed. Ad #1350 Voucher #107645 Aug. 29-3tc G 7730 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF GWINNETT Before me, the undersigned, a Notary Public, this day personally came Elliott E. Brack, who, being first duly sworn, according to law, says that he is the Vice President and General Manager of The Gwinnett Daily News, the official newspaper in which
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the Sheriff's advertisements in and for said County are published, and a newspaper of general circulation, with its principal place of business in said County and that G-7730-Notice of Proposed Home Rule Ordinance Gw. Cty. Bd. of Commissioners was published on Aug. 29, Sept, 5,12, 1986 /s/ Elliott E. Brack, Vice President and General Manager Gwinnett Daily News Subscribed and sworn to before me this 15th day of October, 1986. /s/ Martha S. Dover Notary Public, Gwinnett County, Georgia (Seal) Filed in the Office of the Secretary of State October 21, 1986. LAURENS COUNTY COUNTY ADMINISTRATOR; OFFICE CREATED. A HOME RULE ORDINANCE FOR LAURENS COUNTY, GEORGIA WHICH CREATES THE POSITION OF COUNTY ADMINISTRATOR; DEFINES THE REQUIRED QUALIFICATIONS AND DUTIES; REQUIRES NON-INTERFERENCE BY THE BOARD OF COMMISSIONERS; REPEALS CONFLICTING LAWS AND SETS AN EFFECTIVE DATE. SECTION I. County Administrator There is hereby created the office of county administrator of Laurens County. The county administrator shall be appointed by a majority vote of the board of commissioners of Laurens County to serve at the pleasure of said board for an indefinite term. In addition to the duties contained herein the county administrator shall assume all of the duties of the clerk to the board of commissioners. The position of county clerk shall be abolished. No member of the board of commissioners shall be
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appointed county administrator during the term of office for which he or she is elected or for a period of one year thereafter. SECTION II. Qualifications of County Administrator The county administrator shall be chosen by the board solely upon the basis of his or her executive and administrative qualifications with specific reference to his or her actual experience in or knowledge of accepted practices in respect to the duties of his or her office as set forth in this section. SECTION III. Duties of County Administrator The board of commissioners of Laurens County shall continue to be the chief executive entity of the county, and it shall be the duty of the board to set the overall executive policies and procedures of the county. The county administrator shall be the chief administrative officer of the county and shall be responsible to the board for the proper and efficient administration of all the affairs of the county except as otherwis provided by law. In addition it shall be the duty of the county administrator to: (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 the outside auditor who shall be appointed and removed by the board of commissioners. (b) To see that all laws and ordinances of the county are enforced; (c) To exercise control over all departments of divisions of the county which the board has heretofore exercised or that may hereafter be created; (d) To prepare and submit to the board of commissioners an annual budget; (e) To keep the board of commissioners fully advised as to the financial condition and needs of said county; (f) To supervise and direct the official conduct of all county officers and department heads appointed by the county administrator;
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(g) To attend all meetings of the board with the right to take part in the discussion, provided he or she shall have no vote before the board; (h) To be responsible for keeping all records of the board of county commissioners and for attesting to all signatures contained on documents of Laurens County; and (i) To perform such other duties as may be required by the board. SECTION IV. Additional Duties of County Administrator The county administrator shall be the chief purchasing agent for the county, by whom all purchases of supplies and all contracts therefore shall be made. He shall countersign with the chairman, or in the absence of the chairman from the county, the vice-chairman, or in the instance that both are absent from the county any commission member, checks and 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 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. The county administrator is further vested with the authority to countersign with the chairman or, in his absence from the county, the vice-chairman, or in the instance that both are absent from the county any other commission member, all payroll checks for the employees of Laurens County. The county administrator shall be directly responsible for the construction and maintenance of all roads and bridges under the jurisdiction of Laurens County. He or she shall appoint a public words director whose primary duties shall be to supervise the construction and maintenance of all county roads and bridges. SECTION V. Bond of County Administrator The county administrator shall be required to execute and deliver a good and sufficient bond payable to Laurens County to be
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approved by the board of commissioners and conditioned upon the faithful performance of his or her duties. The amount of said bond shall be determined by the board of commissioners. Said bond shall be delivered to the board within five days of the county administrator assuming his or her duties and, upon receipt, shall be filed by the chairman of the board in the office of the clerk of the Superior Court of Laurens County. SECTION VI. Non-Interference of the Board of Commissioners Except for the purpose of inquiry and investigation, the board of commissioners shall deal with county employees who are subject to appointment and removal by the county administrator solely through the county administrator and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly. SECTION V. This ordinance shall become effective when a certified copy is received and accepted by the Secretary of State of the State of Georgia as required by law. SECTION VI. All laws and ordinances and parts of laws and ordinances in conflict with this ordinance are hereby repealed. LAURENS COUNTY COMMISSIONERS By: /s/ James M. Travick James M. Travick, Chairman ATTEST: / Will McDonald Will McDonald, Clerk (Seal) This is to certify that the attached Notice of Intent To Introduce Home Rule Legislation for Laurens County and A Home Rule Ordinance For Laurens County, Georgia Which Creates The Position of County Administrator; Defines The Required Qualifications and Duties: Requires Non-Interference By The Board of Commissioners; Repeals Conflicting Laws and Sets an Effective Date has been posted on the bulletin board of the Clerk of Courts of Laurens County, Georgia since the 26th. day of August 1986.
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Given Under My Hand This 22nd. Day of October, 1986. /s/ Allen Thomas Allen Thomas Clerk of Courts Laurens County, Georgia (Seal) NOTICE OF INTENT TO INTRODUCE HOME RULE LEGISLATION FOR LAURENS COUNTY Notice is hereby given that the Laurens County Commissioners will consider a proposed ordinance to create the position of County Administrator; define the qualifications required and the duties of the office; and repeal conflicting laws. The first reading of the ordinance and public discussion concerning it will take place at the regular meeting of the Laurens County Commissioners at 4:00 P.M. on September 3, 1986, in the Laurens County Courthouse. Acting under Home Rule powers granted to the county commissioners by the Constitution of the State of Georgia, the commissioners will decide at the meeting whether or not to go forward with a final public meeting concerning the proposed ordinance on September 16, 1986, at 4:00 P.M. at the regular commissioners' meeting in the Laurens County Courthouse. At that time, a final vote will be taken concerning the adoption or rejection of the ordinance. A copy of the proposed ordinance is on file in the Office of the Clerk of the Laurens County Superior Court and is available to the public. All citizens are invited to attend either or both meetings of the commissioners and to give their opinion concerning this proposed legislation. /s/ Leon Green Leon Green County Attorney STATE OF GEORGIA COUNTY OF LAURENS AFFIDAVIT OF PUBLISHER Personally appeared before me, the undersigned officer, duly
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authorized to administer oaths in said State and County, Patrice Hunter, who, having been duly sworn, deposes and says on oath that he/she is authorized to make this affidavit, and that the attached notice was published in The Courier Herald, a local newspaper of general circulation in Dublin, Georgia, on 9/26:10/04-11, and on, 11/18/86. This 21st day of October, 1986 /s/ Patrice Hunter Manager Sworn to and subscribed before me this 21st day of Oct., 1986 /s/ Susan H. Adams Notary Public, Laurens County, Georgia My Commission Expires: Sept. 26, 1988 (Seal) Filed in the Office of the Secretary of State October 29, 1986. GWINNETT COUNTY BOARD OF COMMISSIONERS; MEETINGS. BOARD OF COMMISSIONERS GWINNETT COUNTY LAWRENCEVILLE, GEORGIA ORDINANCE FIRST READING AND ADOPTION: SECOND READING AND ADOPTION: At regular meetings of the Gwinnett County Board of Commissioners held in the Commission Meeting Room, 250 Scenic Highway, Lawrenceville, Georgia.
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Present VOTE FIRST READING VOTE SECOND READING Lillian Webb, Chairman Yea Yea Ken Suffridge, District 1 Yea Yea Scott Ferguson, District 2 Yea Yea Mike Berg, District 3 Yea Yea Bartow Jenkins, District 4 Yea Yea AN ORDINANCE TO AMEND THE LOCAL ACT CREATING A BOARD OF COMMISSIONERS FOR GWINNETT COUNTY, APPROVED JANUARY 31, 1968 (GA. L. 1968, PAGE 2003 3), AS AMENDED, UNDER HOME RULE POWERS DELEGATED TO THE GWINNETT COUNTY BOARD OF COMMISSIONERS BY THE 1983 GEORGIA CONSTITUTION, BY ADDING TO GA. L. 1968, PAGE 2003 3 TO AUTHORIZE THE GWINNETT COUNTY BOARD OF COMMISSIONERS TO DESIGNATE THE LOCATION OF REGULAR MEETINGS, WORK SESSIONS AND EVENING MEETINGS AT ANY SITE WITHIN GWINNETT COUNTY. WHEREAS, the Gwinnett County Board of Commissioners haS determined that the ability to hold some meetings in locations within the County outside of the County Seat facilitates the delivery of Governmental Services to the community and promotes the welfare and best interests of the citizens of Gwinnett County, and Georgia Laws 1968 Session, Volume 2, page 2003 3 designates the time, place, quorum requirements and voting procedures for meetings of the Board of Commissioners of Gwinnett County, and WHEREAS, the Gwinnett County Board of Commissioners is authorized to amend or repeal the said local acts pursuant to constitutional authority granted to the Board by Article IX, Section II, Paragraph 1(b)(1) of the 1983 Georgia Constitution; NOW, THEREFORE, BE IT ORDAINED, by the Gwinnett County Board of Commissioners that Georgia Laws 1968, page 2003, be, and it is hereby, amended to provide as follows:
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The Board of Commissioners shall hold regular meetings on the first and third Tuesdays of each month at 10:00 A.M. and on the fourth Tuesday of each month at 7:00 P.M. Work sessions will be held on the second and fourth Tuesdays of each month at a time to be designated by the Board of Commissioners. The evening meeting on the fourth Tuesday shall hear applications for rezoning. These meetings, and work sessions, and other meetings shall be at the county seat or such other location within the county as the Board of Commissioners designates and shall be open to the public. The Board of Commissioners may hold such additional meetings as shall be necessary when called by the chairman or any three (3) members of the commission, provided all members shall have been notified at least three (3) days in advance of such special meeting. No official action shall be taken by the commission except in a meeting which is open to the public. The chairman and any two (2) members of the commission, or any three (3) members of the commission, exclusive of the chairman, shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three (3) members of the commission. The chairman shall be entitled to the same voting rights as other commission members on questions considered by the commission. (Ga.L. 1968, p. 2003, 3; Ord. of 12-28-76; Ord. of 1-11-77; Ord. of 12-27-83). BY: /s/ Lillian Webb Lillian Webb, Chairman Gwinnett County Board of Commissioners ATTEST: /s/ Charlotte J. Nash Clerk NOTICE OF PROPOSED HOME RULE ORDINANCE GWINNETT COUNTY BOARD OF COMMISSIONERS SEPTEMBER 16, 1986 AT 10:00 A.M., FIRST READING OCTOBER 14, 1986 AT 10:00 A.M., SECOND READING COMMISSION MEETING ROOM 250 SCENIC HIGHWAY LAWRENCEVILLE, GEORGIA 30245
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Notice is hereby given that the Gwinnett County Board of Commissioners will consider adoption as scheduled above, on first and second readings, the following Home Rule Ordinance. AN ORDINANCE TO AMEND THE LOCAL ACT CREATING A BOARD OF COMMISSIONERS FOR GWINNETT COUNTY, APPROVED JANUARY 31, 1968 (GA. L. 1968, PAGE 2003 section 3), AS AMENDED, UNDER HOME RULE POWERS DELEGATED TO THE GWINNETT COUNTY BOARD OF COMMISSIONERS BY THE 1983 GEORGIA CONSTITUTION, BY ADDING TO GA. L. 1968, PAGE 2003 section 3 TO AUTHORIZE THE GWINNETT COUNTY BOARD OF COMMISSIONERS TO DESIGNATE THE LOCATION OF REGULAR MEETINGS, WORK SESSIONS AND EVENING MEETINGS AT ANY SITE WITHIN GWINNETT COUNTY. WHEREAS, the Gwinnett County Board of Commissioners had determined that the ability to hold some meetings in locations within the County outside of the County Seat facilitates the delivery of Governmental Services to the community and promotes the welfare and best interests of the citizens of Gwinnett County, and Georgia Laws 1968 Session, Volume 2, page 2003 section 3 designates the time, place, quorum requirements and voting procedures for meetings of the Board of Commissioners of Gwinnett County, and WHEREAS, the Gwinnett County Board of Commissioners is authorized to amend or repeal the said local acts pursuant to constitutional authority granted to the Board by Article IX, Section II, Paragraph 1(b)(1) of the 1983 Georgia Constitution; NOW, THEREFORE, BE IT ORDAINED, by the Gwinnett County Board of Commissioners that Georgia Laws 1968, page 2003, be, and it is hereby, amended to provide as follows: The Board of Commissioners shall hold regular meetings on the first and third Tuesdays of each month at 10:00 A.M. and on the fourth Tuesday of each month at 7:00 P.M. Work sessions will be held on the second and fourth Tuesdays of each month at a time to be designated by the Board of Commissioners. The evening meeting on the fourth Tuesday shall hear applications
5561
for rezoning. These meetings, and work sessions, and other meetings shall be at the county seat or such other location within the county as the Board of Commissioners designates and shall be open to the public. The Board of Commissioners may hold such additional meetings as shall be necessary when called by the chairman or any three (3) members of the commission, provided all members ahall have been notified at least three (3) days in advance of such special meeting. No official action shall be taken by the commission except in a meeting which is open to the public. The chairman and any two (2) members of the commission, or any three (3) members of the commission, exclusive of the chairman, shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three (3) members of the commission. The chairman shall be entitled to the same voting rights as other commission members on questions considered by the commission. (Ga. L. 1968, p. 2003, section 3; Ord. of 12-28-76; Ord. of 1-11-77; Ord. of 12-27-83). Board of Commissioners Gwinnett County, Georgia Ad #1374 Sept. 19-1tc G 7945 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF GWINNETT Before me, the undersigned, a Notary Public, this day personally came Elliott E. Brack, who, being first duly sworn, according to law, says that he is the Vice President and General Manager of The Gwinnett Daily News, the official newspaper in which the Sheriff's advertisements in and for said County are published, and a newspaper of general circulation, with its principal place of business in said County and that G-7945 NOTICE OF PROPOSED HOME RULE ORDINANCE GWINNETT COUNTY BOARD OF COMMISSIONERS 1st READING 9/16/86 SECOND READING 10/7/86 was published on Sept. 19,26, Oct. 3,10, 1986. /s/ Elliott E. Brack Elliott E. Brack, Vice President and General Manager Gwinnett Daily News
5562
Subscribed and sworn to before me this 17th day of November, 1986. /s/ Martha S. Dover Notary Public, Gwinnett County, Georgia (Seal) CERTIFICATION I, Charlotte Nash, Clerk of the Board of Commissioners, Gwinnett County, Georgia do hereby certify that the attached Ordinance is a true copy of the original Ordinance as it appeared on file in the Minutes of the Board of Commissioners, Gwinnett County, Georgia. I further certify that said Ordinance was duly adopted by the Board of Commissioners of Gwinnett County at two (2) regular consecutive meetings of the Board of Commissioners held on September 16, 1986 and October 7, 1986. So certified under my hand and seal of the Board of Commissioners, Gwinnett County, Georgia, this 15th day of October, 1986. /s/ Charlotte Nash Charlotte Nash Clerk of the Board of Commissioners Gwinnett County, Georgia (Seal) Filed in the Office of the Secretary of State December 4, 1986.
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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
5565
CITY OF ARAGON COUNCIL MEMBERS; COMPENSATION. THE CITY OF ARAGON AN ORDINANCE BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ARAGON WHEREAS, the Charter for the City of Aragon, through December 10, 1971 (Georgia Law 1971, p. 3770) provides that the compensation for the City Council shall be set by the Mayor and City Council not to exceed a maximum of $25.00 per month, each; and WHEREAS, it is the desire of the Mayor and City Council to raise the compensation of the members of the City Council; and WHEREAS, Section 36-35-4 of the Official Code of Georgia provides that the governing authority of each municipal corporation is authorized to fix the compensation of the members of its municipal governing authority; and WHEREAS, notice was published in the Rockmart Journal and Cedartown Standard once a week for three consecutive weeks immediately preceding April 16, 1985. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL FOR THE CITY OF ARAGON, AND IT IS HEREBY ORDAINED AND ESTABLISHED BY SAID AUTHORITY AS FOLLOWS: 1. Section 6 of the Charter for the City of Aragon is hereby amended so that said section shall read as follows: Section 6. The compensation of the Mayor shall be set by the Mayor and City Council not to exceed a maximum of $50.00 per month. The compensation of the City Council shall likewise be set by the Mayor and City Council, not to exceed a maximum of $50.00 per month, each. The Mayor and Councilmen shall not be paid for attending council meetings unless they are present at such meeting.
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2. The compensation of the City Council is hereby set to be $50.00 per month, each, effective January 1, 1986, in accordance with Section 36-35-4 of the Official Code of Georgia. ALL LAWS OR PARTS OF LAWS IN CONFLICT HEREWITH ARE HEREBY REPEALED. Adopted and approved, this 16th day of April, 1985. /s/ Henry Shepard Mayor, City of Aragon, Georgia APPROVED: /s/ Teresa Caldwell Clerk, City of Aragon CITY OF ARAGON, GEORGIA. I, TERESA CALDWELL, the Clerk for the City of Aragon, Georgia, do hereby certify that Exhibit A attached hereto is a true and correct copy of an ordinance concerning Section 6 of the Charter for the City of Aragon which fixes the compensation of members of the City Council. This 25th day of November, 1985. /s/ Teresa Caldwell Teresa Caldwell, Clerk City of Aragon NOTICE OF INTENT Notice is hereby given that action will be taken at the regular April 16, 1985 meeting of the City Council for the City of Aragon to amend the act creating a new charter for the City of Aragon (Georgia Law 1971, p. 3770) so as to authorize that the compensation of the City Council Members not exceed a maximum of Fifty Dollars ($50.00) per month and for other purposes. This 21st day of March, 1985. /s/ Henry Shepard Henry Shepard, Mayor City of Aragon
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STATE OF GEORGIA, COUNTY OF POLK. I, JOSEPH D. WILLIAMS, do solemnly swear that I am the Editor and Publisher of The Cedartown Standard, printed and published at Cedartown, in the State of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of the Notice of Intent filed by the City of Aragon was inserted in The Cedartown Standard on dates as follows: March 26, April 2, April 9, 1985. /s/ Joseph D. Williams Joseph D. Williams Sworn to and subscribed before me this 22 day of November, 1985. /s/ Beth Erwin NOTARY PUBLIC Filed in the Office of the Secretary of State January 2, 1986. CITY OF EAST POINT DEPARTMENT OF THE CITY COURT OF EAST POINT; CREATION. ORDINANCE NO...... HOME RULE ORDINANCE AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga. L. 1965, p. 298, et. seq.) 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 ACT APPROVED MARCH 9, 1972 (Ga. L. 1972, p. 2151, et. seq.), AND THAT ACT APPROVED APRIL 9, 1973 (Ga. L. 1973, p. 2577, et. seq.), AND THAT HOME RULE ORDINANCE ADOPTED
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MAY 17, 1976 (enrolled in Ga. L. 1977, p. 4620), AND THE SEVERAL ACTS AMENDATORY THEREOF AND PARTICULARLY THAT HOME RULE ORDINANCE ADOPTED NOVEMBER 6, 1978 (enrolled in Ga. L. 1979, p. 4814, 4815) ARE HEREBY FURTHER AMENDED FOR THE CREATION OF A NEW DEPARTMENT TO BE KNOWN AS THE DEPARTMENT OF THE CITY COURT OF EAST POINT; TO PROVIDE FOR PROVISIONS RELATING TO THE OPERATION OF SAID DEPARTMENT; 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. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAST POINT, ACTING BY AND THROUGH THE POWERS GRANTED THEM UNDER THE MUNICIPAL HOME RULE ACT OF 1965, AND AS AMENDED, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME THAT: Section 1. An Act establishing a new Charter for the City of East Point, Georgia approved August 19, 1912 (Ga.L. 1965, p. 298, et seq.) and the several acts amendatory thereof, and especially that act approved on March 9, 1972 (Ga. L. 1972, p. 2151, 2195, Section 92), and as further amended particularly by that Home Rule Ordinance adopted on November 6, 1978 (enrolled in Ga. L. 1979, p. 4814, 4815) is hereby further amended by striking the provisions of Section 92 in their entirety and inserting in lieu thereof a new Section 92 which shall provide as follows: Section 92. (a) The Department of the City Court of East Point shall have as head thereof the Chief Judge of said Court. Said department of the City of East Point shall consist of such other individuals and positions, including Assistant Judges, as may from time to time, be assigned thereto administratively by the City Manager and/or the Mayor and Council of the City of East Point. The Department of the City Court of East Point shall serve as the judicial branch of the City of East Point for the trial of all cases and violations of East Point ordinances and any and all other jurisdictions provided and allowed as a matter of law and as same may hereafter
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be amended. The Department of the City Court of East Point shall be permitted to fill such other court functions as may be assigned thereto by the City Manager and/or the Mayor and Council of the City of East Point. The Chief Judge, Assistant City Judges and Judges Emeritus shall not be considered classified employees of the City of East Point. Only full time administrative personnel that may be assigned to the Department shall be considered classified employees of the Department of the City Court of the City of East Point. (b) The recorder's court of said city shall be known as the `City Court of East Point.' Said court shall be presided over by the recorder who shall be known as the `judge' of the City Court of East Point. In the absence, disability or disqualification of the judge and while a vacancy in the office of judge exists, the mayor, mayor pro tem or any member of the city council of said city shall be clothed with all of the powers of the judge. The City Council shall also have the power to appoint one or more assistant judges to assist the judge or to serve in his absence, disability or disqualification. The City Council shall also have the power to appoint one or more positions of judge emeritus of the City Court of East Point to assist the judge or to serve in his absence, disability or disqualification. Such assistant judge shall be an attorney at law who has been licensed to practice in the State of Georgia for a period of not less than five (5) years. Such judge emeritus shall be any previous chief judge of the City Court of East point designated by Council to serve in an emeritus capacity by resolution duly adopted by the City Council of the City of East Point, said emeritus judge to assist the judge or to serve in his absence, disability or disqualification. Such judge emeritus shall be clothed and vested with all authority of the judge of the City Court of East Point or any of its assistant judges. The City Court of East Point shall hold a session of court every Monday afternoon and from day to day thereafter if necessary, or at any and all other times deemed appropriate and so scheduled by the Court. Section 2. The City Clerk of East Point, Georgia, is hereby directed to publishe 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
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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 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 3. 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 4. All Charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Section 5. This Ordinance shall become effective upon the date of the taking of office of those elected at the next regular municipal election held immediately following the date of adoption of this ordinance. Section 6. This Ordinance shall become effective on the 16 day of December, 1985, unless subsequently vetoed as provided by law. First Reading 12/2/85 Second Reading 12/16/85 GNS 11/85
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This Ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approved. This 16 day of December, 1985. /s/ Walter A. Ponder Walter A. Ponder, Mayor Attest: /s/ Evelyne K. Reeves Evelyne 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 December 16, 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 as provided in the Municipal Home Rule Act of 1965 as amended. This 16 day of December, 1985. /s/ Evelyne K. Reeves Clerk, City of East Point (Deponent)
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Sworn to and subscribed before me this 9th day of January, 1985. /s/ Ovada N. Knight Notary Public Notary Public, Georgia, State at Large 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 Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), and that Act approved April 9, 1973 (Ga. L. 1973, p. 2577, et seq.), and that Home Rule Act adopted May 17, 1976 (enrolled in Ga. L. 1977, p. 4620), and the several Acts amendatory thereof are hereby further amended so as to provide for the creation of a new department to be known as the Department of the City Court of East Point; to provide for certain provisions relating to the operation of said Department; 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 on Monday, December 2, 1985, and will be considered for final adoption
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at the regular meeting of the Mayor and Council of the City of East Point on Monday, December 16, 1985. /s/ Evelyne K. Reeves City Clerk 5088, 11/14-11/28 PUBLISHER'S CERTIFICATE STATE OF GEORGIA..... [UNK] COUNTY OF FULTON..... [UNK] ss: Personally appeared before the undersigned, a notary public within and for said county and State, of 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 Municipal Home Rule Act, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 28th day of November, 1985 /s/ Gerald W. Crane, Publisher (by) /s/ Tina Green, Agent Sworn to and subscribed before me this 16th day of January, 1986. /s/ David H. Hamrick Notary Public. My commission expires Sept., 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 City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts amendatory thereof,
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including that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), and that Act approved April 9, 1973 (Ga. L. 1973, p. 2577, et seq.), and that Home Rule Act adopted May 17, 1976 (enrolled in Ga. L. 1977, p. 4620), and the several Acts amendatory thereof are hereby further amended so as to provide for the creation of a new department to be known as the Department of the City Court of East Point; to provide for certain provisions relating to the operation of said Department; 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 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, December 2, 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, December 16, 1985. /s/ EVELYNE K. REEVES City Clerk Nov 14 21 28 1985 Req-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,
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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 14, 21 28 days of November, 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 (Seal) Filed in the Office of the Secretary of State January 23, 1986. AMERICUS-SUMTER PAYROLL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. ORDINANCE OF THE MAYOR AND CITY COUNCIL OF AMERICUS FOR THE CONTINUANCE OF THE AMERICUS-SUMTER PAYROLL DEVELOPMENT 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 Americus-Sumter Payroll Development Authority in and for Sumter County, Georgia, which resolution appears at Ga. Laws 1962, p. 933 et seq. (the Amendment); and WHEREAS, the Amendment establishing the Americus-Sumter Payroll Development Authority was ratified and proclaimed; and WHEREAS, the Amendment was continued in force and effect as a part of the Georgia Constitution of 1976 pursuant to
5576
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 an ordinance 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, O.C.G.A. 36-35-3 specifies that home rule amendments to a municipal charter may be adopted by the governing authority of the municipal corporation, and pursuant thereto a notice containing a synopsis of the ordinance herein continued was published in the Americus Times Recorder, the official organ of Sumter County, on January 24, 1986, January 31, 1986, and February 7, 1986, which notice stated that a copy of the proposed ordinance was on file in the office of the Clerk of the Mayor and City Council of Americus and the office of the Clerk of Superior Court of Sumter County, Georgia for the purpose of examination and inspection by the public; and WHEREAS, the Mayor and Aldermen of the Mayor and City Council of Americus have determined that continued existence of the Americus-Sumter Payroll Development Authority is necessary to achieve the ends of promoting and expanding, for the public good and general welfare of the City of Americus, Sumter 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 ORDAINED by the Mayor and Aldermen of the Mayor and City Council of Americus, pursuant to O.C.G.A. 36-35-3(b)(1) that the Amendment be specifically continued in force and effect without Amendment. BE IT FURTHER ORDAINED, that this ordinance be effective upon its adoption at two regular, consecutive meetings of
5577
the Mayor and Aldermen of the Mayor and City Council of Americus. BE IT FURTHER ORDAINED, that the City Clerk 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 Americus Times Recorder as to the due publication of said notice, and a copy of this ordinance, with the Secretary of State of the State of Georgia, and the Clerk of the Superior Court of Sumter County, Georgia, promptly upon this ordinance becoming effective. BE IT ORDAINED FURTHER, this ordinance shall become effective on February 24, 1986. PASSED, APPROVED AND ADOPTED at two regular, consecutive meetings of the Mayor and Aldermen of the Mayor and City Council of Americus not less than seven nor more than sixty days apart held on January 27, 1986 and February 24, 1986, after a synopsis of said ordinance having been published in the Americus Times Recorder once a week for three weeks, within a sixty day period immediately preceding said ordinance's final adoption. FINAL ADOPTION this 24th day of February, 1986. MAYOR AND CITY COUNCIL OF AMERICUS By: /s/ Russell Thomas, Jr. Russell Thomas, Jr., Mayor Attest: Sybil Hamrick Sybil Hamrick, Clerk-Treasurer CLERK'S CERTIFICATE I, Sybil Hamrick, Clerk of the Mayor and City Council of Americus, do hereby certify that the foregoing ordinance of the Mayor and City Council of Americus constitutes a true and correct copy of the ordinance adopted at two regular, consecutive meetings of the Mayor and Aldermen of the Mayor and City
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Council of Americus not less than 7 nor more than 60 days apart, held on January 27, 1986 and February 24, 1986, after a synopsis of said ordinance having been published in the Americus Times Recorder once a week for three weeks, within a 60 day period immediately preceding said ordinance's final adoption, said meetings being duly called and assembled, which were open to the public and at which quorums were present and acting throughout, in both of said meetings, and that the original of said ordinance appears of public records in the Minute Book of the Mayor and City Council of Americus which is in my custody and control. Given under my hand and seal of the Mayor and City Council of Americus, this 4th day of March, 1986. /s/ Sybil Hamrick (SEAL) Sybil Hamrick, Clerk Mayor and City Council of Americus, Georgia AFFIDAVIT STATE OF GEORGIA COUNTY OF SUMTER BEFORE ME, the undersigned authority, personally appeared J. Stanley Warren, Publisher of the Americus Times-Recorder, the official organ of Sumter County, Georgia, and the newspaper of general circulation in the City of Americus, Georgia, who on oath deposes and says that the following notice containing a synopsis of an Ordinance of the Mayor and City Council of Americus for the continuance of the Americus-Sumter Payroll Development Authority was published in the Americus Times-Recorder on January 24, 1986, January 31, 1986 and February 7, 1986. /s/ J. Stanley Warren J. Stanley Warren, Publisher Americus Times-Recorder Sworn to and subscribed before me this 3rd day of March, 1986. /s/ Nancy A. Campbell Notary Public, State of Georgia Notary Public, Georgia, State At Large My Commission Expires Jan. 28, 1988.
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LEGAL NO. 2925 Notice is hereby given that the Mayor and Aldermen of the Mayor and City Council of Americus will consider for adoption at two regular, consecutive meetings to be held on January 27, 1986 and February 24, 1986, both to be held at 7:00 o'clock P.M. at the Public Safety Building in Americus, Georgia, an ordinance which would specifically continue in force and effect, without amendment, the local amendment to the Georgia Constitution of 1945 to establish the Americus-Sumter Payroll Development Authority, which resolution appears at Georgia Laws 1962, p. 933, et seq. A copy of the proposed ordinance is on file in the office of the clerk of the Mayor and City Council of Americus and the office of the Clerk of the Superior Court of Sumter County, Georgia, for the purpose of examination and inspection by the public. The clerk of the Mayor and City Council of Americus will furnish anyone, upon written request, a copy of the proposed ordinance. This 22nd day of January, 1986. MAYOR AND CITY COUNCIL OF AMERICUS By: Russell Thomas, Jr., Mayor Attest: Sybil Hamrick, Clerk-Treasurer CRISP OXFORD, P.A. ATTORNEYS FOR MAYOR AND CITY COUNCIL OF AMERICUS By: C.O. Oxford P.O. Box J Americus, Ga. 31709 Filed in the Office of the Secretary of State March 17, 1986.
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CITY OF THOMASVILLE MAYOR AND COMMISSIONERS; COMPENSATION. AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF THOMASVILLE, WHICH WAS ESTABLISHED BY AN ACT APPROVED OCTOBER 3, 1889, ENTITLED AN ACT TO INCORPORATE THE TOWN OF THOMASVILLE AS THE CITY OF THOMASVILLE, (GA. LAWS 1888-1889, PAGES 854-864, INCLUSIVE), AS AMENDED BY SEVERAL SUBSEQUENT ACTS, BY STRIKING IN ITS ENTIRETY SECTION 7 OF THE CHARTER, WHICH IS SECTION 12 OF THE CHARTER AS CODIFIED, CAPTIONED SALARY OF MAYOR AND COMMISSIONERS, AND SUBSTITUTING THEREFOR AN ENTIRELY NEW SECTION 7 OF THE CHARTER, TO BE SECTION 12 OF THE CHARTER AS CODIFIED, CAPTIONED SALARY OF MAYOR AND COMMISSIONERS, SO AS TO CHANGE THE SALARY TO BE RECEIVED BY THE COMMISSIONERS AND THE SALARY OF THE ONE OF THEIR NUMBER DESIGNATED AS MAYOR AND TO PROVIDE THAT THIS ORDINANCE SHALL IN NO WISE CHANGE THE EXISTING CHARTER OR FORM OF GOVERNMENT OF THE CITY OF THOMASVILLE IN ANY MANNER, EXCEPT THE COMPENSATION TO BE RECEIVED BY THE MEMBERS OF THE BOARD OF COMMISSIONERS AND THE SALARY OF THE COMMISSIONER DESIGNATED AS MAYOR; TO PROVIDE THE EFFECTIVE DATE OF THIS ORDINANCE; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. SECTION I BE IT ORDAINED by the Board of Commissioners of the City of Thomasville, and it is hereby ordained by authority of the same that the Charter of the City of Thomasville, which was established by an Act approved October 3, 1889, entitled An Act to Incorporate the Town of Thomasville as the City of Thomasville, (Ga. Laws 1888-1889, Pages 854-864, Inclusive), as amended by several subsequent acts, which acts and amendments provided the salary of the Mayor and Commissioners, be, and the same is hereby amended by striking in its entirety Section 7 of the Charter, which is Section 12 of the Charter as codified, captioned Salary of Mayor and Commissioners, and
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substituting therefor an entirely new Section 7 of the Charter, which would be Section 12 of the Charter as codified, captioned Salary of Mayor and Commissioners, such new Section 7 to read as follows: Section 7. Be it further enacted that from and after the effective date of this Ordinance, each Commissioner, with the exception of the Commissioner designated as Mayor, shall receive a salary of Four Hundred Fifty and No/100, ($450.00) Dollars per month, payable monthly out of the treasury of said City, and the Commissioner designated as Mayor shall receive a salary of Five Hundred Fifty and No/100, ($550.00) Dollars per month, payable monthly out of the treasury of said City. SECTION II BE IT FURTHER ORDAINED that the provisions of this Ordinance increasing the compensation of the members of the Board of Commissioners and the provision increasing the salary of the Commissioner chosen to act as Mayor shall become effective on and after January 1, 1985. SECTION III BE IT FURTHER ORDAINED that all portions of the Charter or amendments thereto or all Ordinances in conflict herewith be and the same are hereby repealed. SECTION IV BE IT FURTHER ORDAINED that if any part of this ordinance be declared void it is the intent and purpose hereof that all other provisions not so declared void shall remain in full force and effect. SECTION V BE IT FURTHER ORDAINED that a notice, a copy of which is attached hereto, be made a part hereof, which notice embodies among other things the substance of this ordinance with a certificate
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of the publisher and general manager of that publication known as the Thomasville Times Entyrprise which publishes the Thomasvile Times Enterprise daily edition, the official organ of Thomas County, in which the City of Thomasville is located, said certificate showing that the above and foregoing notice was published once a week for three (3) weeks within a period of sixty (60) days immediately preceding the day of the final adoption of this ordinance. This ordinance was introduced and read at lawful meeting of the Board of Commissioners of the City of Thomasville held September 25, 1985, and read the second time, passed, and adopted in like meeting held on October 18, 1985. SECTION VI This ordinance is effective as of the date of the second reading and final passage thereof. /s/ M. Tom Faircloth MAYOR /s/ Carl L. Roland CLERK-TREASURER GEORGIA, THOMAS COUNTY Personally appeared before the undersigned attesting officer, CARL ROWLAND, Clerk for the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville was filed in his office on the 26th day of September, 1985, for the purpose of examination and inspection by the public. Further deposing, I say, under oath, that I am custodian of all records and the keeper of the minutes of the Board of Commissioners for the City of Thomasville, and that the foregoing ordinance is a true and exact copy of that ordinance which was finally adopted by the City of Thomasville in a regular meeting
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of the Board of Commissioners held in chambers on the 18th day of October, 1985, the original of which is in my possession and appears as a part of the official minutes of that meeting. /s/ Carl Rowland CITY CLERK Sworn to and subscribed before me this 17th day of February, 1986. /s/ H. Diane Cox NOTARY PUBLIC Notary Public, Georgia, State at Large My Commission Expires Apr. 2, 1989 GEORGIA, THOMAS COUNTY Personally appeared before the undersigned attesting officer, David Hutchings, Jr., Clerk of the Superior Court of Thomas County, Georgia, being the legal situs of the City of Thomasville, Georgia, who on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville was filed in his office on the 26th day of September, 1985, for the purpose of examination and inspection by the public. Further deposing, I say, under oath, that a copy of the foregoing ordinance amending the charter of the City of Thomasville, properly certified to by the Clerk of the City of Thomasville, with a copy of the required notice of publication attached thereto, and an affidavit of a duly authorized representative of the newspaper in which such notice was published, to the effect that said notice has been published as provided by laws, was filed in this office on the 26th day of September, 1985. /s/ David Hutchings, Jr. CLERK OF SUPERIOR COURT OF THOMAS COUNTY, GEORGIA
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Sworn to and subscribed before me this 5th day of March, 1986. /s/ H. Diane Cox NOTARY PUBLIC Notary Public, Georgia, State at Large My Commission Expires Apr. 2, 1989 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF THOMASVILLE BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965. CITY OF THOMASVILLE Notice is hereby given that an ordinance will be introduced and read for final adoption on Monday, October 14, 1985, to amend the charter of the City of Thomasville, which was established by an act approved October 3, 1889, entitled An Act to Incorporate the Town of Thomasville as the city of Thomasville, (Georgia Laws 1888-1889, Pages 854-864, inclusive), as amended by several subsequent acts, by striking in its entirety Section 7 of the charter, which is Section 12 of the charter as codified, captioned Salary of Mayor and Commissioners and substituting therefore an entirely new Section 7 of the charter, to be Section 12 of the charter as codified, which will bear the same title so as to change the salary received by the commissioners and the salary of the commissioner designated as Mayor; to provide that this ordinance shall not change the existing charter or from of government of the City of Thomasville in any manner except to change the compensation to be received by the members of the Board of Commissioners and the Commissioner designated as Mayor; to provide the effective date of the ordinance; to repeal all ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the charter of the City of Thomasville is on file in the office of the Clerk of the City of Thomasville, and is on file in the office of the Clerk of the Superior Court of Thomas County, Georgia, for the purpose of examination and inspection by the public, all as required by law.
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This 26th day of September, 1985. WILLIAM C. SANDERS Attorney for the City of Thomasville, Georgia 9-28, 10-4,11 GEORGIA, THOMAS COUNTY Personally appeared before the undersigned attesting officer C. L. BLANTON, III, who, on oath, deposes and says that he is the publisher and general manager of that publication known as the Thomasville Times-Enterprise, which publishes the Thomasville Times-Enterprise Daily Edition and that the Thomasville Times-Enterprise Daily Edition published on Friday of each week is the newspaper in which sheriff's advertisements for Thomas County are published. Further deposing, he says that as publisher and general manager of that publication, he is the person duly vested with authority to sign for that publication in all such matters and things as contained in this affidavit, and further says that the foregoing and attached notice of intention to amend the charter of the City of Thomasville was published in the Thomasville Times-Enterprise Daily Edition on the 28th day of September, 1985, and on the 7th day of October, 1985, and on the 14th day of October, 1985. This the 5th day of March, 1986. /s/ C. L. Blanton, III C. L. BLANTON, III Sworn to and subscribed before me this 5th day of March, 1986. /s/ H. Diane Cox NOTARY PUBLIC Notary Public, Georgia, State at Large My Commission Expires Apr. 2, 1989 Filed in the Office of the Secretary of State March 18, 1986.
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CITY OF THOMASVILLE CITY MANAGER; POWERS AND DUTIES. AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF THOMASVILLE, WHICH WAS ESTABLISHED BY AN ACT APPROVED OCTOBER 3, 1889, ENTITLED AN ACT TO INCORPORATE THE TOWN OF THOMASVILLE AS THE CITY OF THOMASVILLE, (GA. LAWS 1888-1889, P. 854), AS AMENDED BY SEVERAL SUBSEQUENT ACTS, ESPECIALLY THAT ACT APPROVED MARCH 15, 1943, PROVIDING FOR A COMMISSION-MANAGER FORM OF GOVERNMENT FOR SAID CITY, AS AMENDED BY SEVERAL SUBSEQUENT ACTS, AND ORDINANCES PROPERLY ADOPTED UNDER THE PROVISIONS OF THE MUNICIPAL HOME RULE ACT OF 1965, AND IN PARTICULAR BY REPEALING CHARTER SECTIONS CODED AS SEC. 21. DEVOTION OF TIME TO DUTIES OF OFFICE; POWERS AND DUTIES SPECIFIED, SEC. 22. REPORTS, and SEC. 23. PURCHASING AGENT, AND SUBSTITUTING THEREFOR NEWLY REVISED CHARTER SECTIONS WITH THE SAME NUMBERS AND CAPTIONS, SO AS TO CHANGE OR CLARIFY THE DUTIES AND POWERS OF THE CITY MANAGER, ESPECIALLY IN REGARD TO PURCHASES AND CONTRACTS OF THE CITY GENERAL GOVERNMENT, OTHER MATTERS AND REPORTS; TO PROVIDE FOR THE GIVING OF THE PRESCRIBED NOTICE, AS REQUIRED BY THE MUNICIPAL HOME RULE ACT OF 1965, WHICH NOTICE SHALL BE PUBLISHED ONCE A WEEK FOR THREE (3) WEEKS PRECEDING THE FINAL ADOPTION OF THIS ORDINANCE; TO REPEAL ALL CHARTER OR ORDINANCE PROVISIONS IN CONFLICT HEREWITH; TO DECLARE THAT IF ANY PART OF THIS ORDINANCE BE DECLARED VOID IT IS THE INTENT HEREOF THAT ALL OTHER PROVISIONS NOT SO DECLARED VOID SHALL REMAIN IN FULL FORCE AND EFFECT; TO PROVIDE THE EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES. SECTION I BE IT ORDAINED by the Board of Commissioners of the City of Thomasville, and it is hereby ordained by authority of the same, that the Charter of the City of Thomasville, which was established by an Act approved October 3, 1889, entitled
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An Act to Incorporate the Town of Thomasvile as the City of Thomasville, (Ga. Laws 1888-1889, pages 854-864, inclusive), as amended by several subsequent acts, especially that act approved March 15, 1943, (Ga. Laws 1943, pages 1601-1616, inclusive), providing for a Commission-Manager form of government for said city, as amended by several subsequent acts, and ordinances properly adopted under the provisions of The Municipal Home Rule Act of 1965, be, and the same hereby is, amended by repealing charter sections codified as Sec. 21. Devotion to time to duties of office; powers and duties specified, Sec. 22, Reports, and Sec. 23. Purchasing Agent, and substituting therefor newly revised sections, with the same numbers and captions, reading as follows: Sec. 21. Devotion of time to duties of office; powers and duties specified. The said city manager shall devote his entire time to the duties of his office. The powers and duties of said city manager shall be as follows: (a) To see that all laws and ordinances of said city are enforced. (b) To exercise control over all of the departments and divisions of the City of Thomasville General Government now created, or that may hereafter be created. (c) To attend all meetings of the board, with the right to take part in the discussions, but he shall have no right to vote on propositions under consideration. (d) To recommend to the board of commissioners for adoption such matters as he may deem necessary and expedient. He shall prepare and submit to said board, at such times as they may request or at least yearly without any request, an annual budget, setting out the probable needed expenditures for the fiscal year of all departments of the city except the Water and Light Department, which report also shall show the probable revenue of the city for said year. (e) To keep the board advised as to the financial condition and needs of the city.
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(f) To supervise and direct the conduct of all officers and employees, except as otherwise provided herein. (g) To supervise the performance of all contracts for all work done for the city General Government and to make all purchases or contracts for same city under such rules and regulations as said board may adopt. (h) As personnel manager, he shall appoint, discharge and fix the salaries of employees in all departments and divisions of the General Government; provided, that all terms of employment shall be made only at the pleasure of the city manager in accordance with duly established personnel policy. All such appointments shall be made upon merit and fitness for the performance of the duties required. (i) To perform additional duties as the said board of commissioners may by ordinance or resolution prescribe. Sec. 22. Reports. Be it further enacted, that said board of commissioners may require the said city manager to go before them at any time and answer questions, either orally or in writing, and may require of said city manager, at any time they see fit, any reports on any matter involving the city that they deem proper. Sec. 23. Purchasing agent. The city manager shall be purchasing agent for the city General Government, and by whom all purchases or contracts shall be made in accordance with rules and regulations adopted by the board of commissioners by resolution in any official meeting of said board. In the capacity of purchasing agent for the city General Government he shall conduct all sales of personal property of the city which the board may authorize to be sold and which may have become unnecessary or unfit for the city's use. The board of commissioners may by resolution or ordinance prescribe who shall sign vouchers for the payment out of the city funds, and under what rules and regulations. SECTION II BE IT FURTHER ORDAINED that all portions of the Charter of amendments thereto or all Ordinances in conflict herewith be and the same are hereby repealed.
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SECTION III BE IT ALSO FURTHER ORDAINED that if any part of this ordinance be declared void, it is the intent and purpose hereof that all other provisions not so declared void shall remain in full force and effect. SECTION IV BE IT ALSO FURTHER ORDAINED that a notice, a copy of which is attached hereto, be made a part hereof, which notice embodies among other things the substance of this ordinance with a certificate of the publisher and general manager of that publication known as the Thomasville Times Enterprise which publishes the Thomasville Times Enterprise daily edition, the official organ of Thomas County, in which the City of Thomasville is located, said certificate showing that the above and foregoing notice was published once a week for three (3) weeks within a period of sixty (60) days immediately preceding the day of the final adoption of this ordinance. SECTION V BE IT ALSO FURTHER ORDAINED that this ordinance shall become effective immediately upon its final adoption. This ordinance was introduced and read at a lawful meeting of the Board of Commissioners of the City of Thomasville held January 27, 1986, and read the second time, passed, and adopted in like meeting held on February 10, 1986. /s/ Earl Williams MAYOR /s/ Carl L. Rowland CLERK-TREASURER GEORGIA, THOMAS COUNTY Personally appeared before the undersigned attesting officer, CARL ROWLAND, Clerk for the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville was filed
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in his office on the 24th day of January, 1986, for the purpose of examination and inspection by the public. Further deposing, I say, under oath, that I am custodian of all records and the keeper of the minutes of the Board of Commissioners for the City of Thomasville, and that the foregoing ordinance is a true and exact copy of that ordinance which was finally adopted by the City of Thomasville in a regular meeting of the Board of Commissioners held in chambers on the 10th day of February, 1986, the original of which is in my possession and appears as a part of the official minutes of that meeting. /s/ Carl L. Rowland CITY CLERK Sworn to and subscribed before me this 17th day of February, 1986. /s/ H. Diane Cox NOTARY PUBLIC Notary Public, Georgia, State at Large My Commission Expires Apr. 2, 1989 GEORGIA, THOMAS COUNTY Personally appeared before the undersigned attesting officer, David Hutchings, Jr., Clerk of the Superior Court of Thomas County, Georgia, being the legal situs of the City of Thomasville, Georgia, who on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville was filed in his office on the 24th day of January, 1986, for the purpose of examination and inspection by the public. Further deposing, I say, under oath, that a copy of the foregoing ordinance amending the charter of the City of Thomasville, properly certified to by the Clerk of the City of Thomasville, with a copy of the required notice of publication attached thereto, and an affidavit of a duly authorized representative of the newspaper in which such notice was published, to the effect that said notice has been published as provided by laws, has been filed in this office on the 24th day of January, 1986 /s/ David Hutchings, Jr. CLERK OF SUPERIOR COURT OF THOMAS COUNTY, GEORGIA
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Sworn to and subscribed before me this 5th day of March, 1986. /s/ H. Diane Cox NOTARY PUBLIC Notary Public, Georgia, State at Large My Commission Expires Apr. 2, 1989 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF THOMASVILLE BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT FOR THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 City of Thomasville, Georgia Notice is hereby given that an ordinance will be introduced and read for final adoption on Monday, February 10, 1986, to amend the charter of the City of Thomasville, which was established by an act approved October 3, 1889, entitled An Act to Incorporate the Town of Thomasville as the City of Thomasville, (Georgia Laws 1888-1889, Pages 854-64, inclusive), as amended by several subsequent acts, by amending Sections 21, 22 and 23 of the charter as codified, Section 21 being captioned Devotion of Time to Duties of Office; Powers and Duties Specified Section 22 being captioned Reports, and Section 23 being captioned Purchasing Agent, so as to change and clarify by ordinance the duties and powers of the city manager, but especially in regard to the purchase of property for the city and the matter of entering into contracts on behalf of the city; so as to designate the matter of reports to be given by the city manager to the Board of Commissioners; and so as to designate the city manager as purchasing agent for the city general government and to specify his duties as such; to provide the effective date of this ordinance; to repeal all ordinance and conflict herewith; and for other purposes. A copy of this proposed amendment to the charter of the City of Thomasville is on file in the office of the Clerk of the City of Thomasville, and is on file in the office of the Clerk of the Superior Court of Thomas County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 22nd day of January, 1986.
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CITY OF THOMASVILLE Carl Rowland, City Clerk-Treasurer Run: 01/24,31 and 02/7 GEORGIA, THOMAS COUNTY Personally appeared before the undersigned attesting officer C. L. BLANTON, III, who, on oath, deposes and says that he is the publisher and general manager of that publication known as the Thomasville Times-Enterprise, which publishes the Thomasville Times-Enterprise Daily Edition and that the Thomasville Times-Enterprise Daily Edition published on Friday of each week is the newspaper in which sheriff's advertisements for Thomas County are published. Further deposing, he says that as publisher and general manager of that publication, he is the person duly vested with authority to sign for that publication in all such matters and things as contained in this affidavit, and further says that the foregoing and attached notice of intention to amend the charter of the City of Thomasville was published in the Thomasville Times-Enterprise Daily Edition on the 24th day of January, 1986, 31st day of January, 1986, and 7th day of February, 1986. This the 5th day of March, 1986. /s/ C. L. BLANTON, III C. L. BLANTON, III Sworn to and subscribed before me this 5th day of March, 1986. /s/ H. Diane Cox NOTARY PUBLIC Notary Public, Georgia, State at Large My Commission Expires Apr. 2, 1989 Filed in the Office of the Secretary of State March 18, 1986.
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CITY OF ARAGON MAYOR; COMPENSATION. EXHIBIT A CITY OF ARAGON, GEORGIA AN ORDINANCE BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ARAGON WHEREAS, a charter for the City of Aragon (Georgia Law 1971, Page 3770) provides that the compensation of the Mayor can be set by the Mayor and City Council, not to exceed a maximum sum of $50.00 per month; and WHEREAS, it is the desire of the Mayor and City Council to raise the compensation of the Mayor; and WHEREAS, Section 36-35-4 of the Official Code of Georgia provides that the governing authority of each municipal corporation is authorized to fix the compensation of the members of its municipal governing authority; and WHEREAS, notice was published in the Rockmart Journal and Cedartown Standard once a week for three consecutive weeks immediately preceding March 18, 1986. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL FOR THE CITY OF ARAGON, AND IT IS HEREBY ORDAINED AND ESTABLISHED BY SAID AUTHORITY AS FOLLOWS: 1. Section 6 of the Charter for the City of Aragon is hereby amended so that said Section should read as follows: Section 6. The compensation of the Mayor shall be set by the Mayor and City Council not to exceed the maximum of $100.00 per month. The compensation of the City Council shall likewise be set by the Mayor and City Council not to exceed a maximum of $50.00 per month each. The Mayor and Councilmen shall not be paid for attending council meetings unless they are present at such meetings.
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2. The compensation of the Mayor of the City of Aragon is hereby set to be $100.00 per month, effective January 1, 1987, in accordance with Section 36-35-4 of the Official Code of Georgia. ALL LAWS OR PARTS OF LAWS IN CONFLICT HEREWITH ARE HEREBY REPEALED. ADOPTED AND APPROVED, this 18th day of March, 1986. /s/ H. N. Shepard Mayor, City of Aragon Approved: /s/ Teresa Caldwell Clerk, City of Aragon CITY OF ARAGON, GEORGIA. I, TERESA CALDWELL, the Clerk for the City of Aragon, Georgia, do hereby certify that Exhibit A attached hereto is a true and correct copy of an ordinance concerning Section 6 of the Charter for the City of Aragon which fixes the compensation of the Mayor of Aragon. This 11th day of April, 1986. /s/ Teresa Caldwell Teresa Caldwell, Clerk, City of Aragon NOTICE OF INTENT Notice is hereby given that action will be taken at the regular March 18, 1986, meeting of the City Council for the City of Aragon to amend the act creating a new charter for the City of Aragon (Georgia Law 1971, Page 3770) so as to authorize that the compensation for the Mayor of the City of Aragon not exceed a maximum of $100.00 per month and for other purposes. A copy of said proposed amendment is on file in the Office of the Clerk of the City of Aragon and in the Office of the Clerk
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of the Superior Court of Polk County, Georgia, for the purpose of examination and inspection by the public. This 20th day of February, 1986. /s/ H. N. Shepard Henry Shepard, Mayor City of Aragon STATE OF GEORGIA, COUNTY OF POLK. I, JOSEPH D. WILLIAMS, do solemnly swear that I am the Editor and Publisher of The Cedartown Standard, printed and published at Cedartown, in the State of Georgia, and that from my personal knowledge and reference to files of said publication, the advertisement of the Notice of Intent filed by the City of Aragon was inserted in The Cedartown Standard on dates as follows: February 25, March 4 and 11, 1986. /s/ Joseph D. Williams Joseph D. Williams Sworn to and subscribed before me this 27 day of March, 1986. /s/ Beth Erwin NOTARY PUBLIC NOTICE OF INTENT Notice is hereby given that action will be taken at the regular March 18, 1986, meeting of the City Council for the City of Aragon to amend the act creating a new charter for the City of Aragon (Georgia Law 1971, Page 3770) so as to authorize that the compensation for the Mayor of the City of Aragon not exceed a maximum of $100.00 per month and for other purposes. A copy of said proposed amendment is on file in the Office of the Clerk of the City of Aragon and in the Office of the Clerk of the Superior Court of Polk County, Georgia, for the purpose of examination and inspection by the public. This 20th day of February, 1986. /s/ H. N. Shepard Henry Shepard, Mayor City of Aragon
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STATE OF GEORGIA, COUNTY OF POLK. I, ORBIE THAXTON, do solemnly swear that I am the Editor and Publisher of The Rockmart Journal, printed and published at Rockmart, in the State of Georgia, and that from my personal knowledge and reference to files of said publication, the advertisement of the Notice of Intent filed by the City of Aragon was inserted in The Rockmart Journal on dates as follows: February 26, March 5 and 12, 1986. /s/ Orbie Thaxton Orbie Thaxton Sworn to and subscribed before me this 28th day of March, 1986. /s/ Jean Mullinax NOTARY PUBLIC Filed in the Office of the Secretary of State April 14, 1986. CITY OF DALTON URBAN AREA PLANNING COMMISSION; CREATION. CITY OF DALTON URBAN AREA PLANNING COMMISSION March 17, 1986 AN ORDINANCE TO AMEND AN ACT ESTABLISHING A CHARTER FOR THE CITY OF DALTON, APPROVED ON FEBRUARY 24, 1874 (Ga. L. 1874, p. 181, et. seq.), AND THE SEVERAL ACTS AMENDATORY THEREOF SO AS CREATE AND ESTABLISH THE URBAN AREA PLANNING COMMISSION OF THE CITY OF DALTON, DESIGNATE ITS PURPOSES, PROVIDE FOR
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ITS ORGANIZATION AND MEMBERSHIP, PROVIDE QUALIFICATIONS AND TERMS OF OFFICE FOR ITS COMMISSIONERS, PROVIDE FOR FILLING OF VACANCIES ON THE COMMISSION AS THEY OCCUR, DESIGNATE THE POWERS OF THE COMMISSION, INCLUDE THE COMMISSION WITHIN THE BUDGETARY PROCESSES OF THE MAYOR AND COUNCIL OF THE CITY OF DALTON FOR PURPOSES OF STAFF, CONSULTANTS AND OTHER ALLOWANCES, PROVIDE FOR SPECIAL APPOINTMENTS TO THE COMMISSION FROM TIME TO TIME AND DESIGNATE OFFICERS FOR OPERATION OF THE COMMISSION; 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 DALTON ACTING PURSUANT TO THE POWERS ACCORDED THEM UNDER THE MUNICIPAL HOME RULE ACT OF 1965, AS AMENDED, AND BY THE AUTHORITY OF SAME, IT IS HEREBY ORDAINED AS FOLLOWS: Section 1. The Charter of the City of Dalton approved on February 24, 1874 (Ga. L. 1874, p. 181, et. seq.) and the several acts amendatory thereof is hereby amended by adding thereto a new provision for the Urban Area Planning Commission of the City of Dalton to be created, established, maintained and constituted as hereinafter set forth and with the purposes, powers, duties and prerogatives hereinafter described. Section 2. There is hereby created the Urban Area Planning Commission (hereinafter the Commission) of the City of Dalton, whose purposes, organization, membership, duties, powers, prerogatives, officers, operations and budget shall be as hereinafter provided: A. The Commission is charged with the responsibility of public planning for community development, that is, the improvement of the social, economic, physical and political environment and well-being of the people of the City of Dalton and persons in proximity thereof who may be affected by growth and development of the City of Dalton. In fulfilling its charge, the Commission will give systematic consideration to the longterm consequences of current actions and policies. From time to time the Commission shall in its discretion recommend actions,
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plans, programs, policies, or ordinances and resolutions to implement any such actions, policies, plans, or programs, to the Mayor and Council of the City of Dalton for consideration and implementation. Such recommendation or advice to the Mayor and Council may address any area of community life, including but not limited to housing, health, transportation facilities, schools, land use, resource conservation, historical preservation, environmental quality, the aging, public safety, streets, roads and highways, sewers and drainage, utilities, courts, fines, revenue and taxation, economic growth, recreation, and manpower development. The Commission shall consider as part of its planning objective the following: 1. Orderly and efficient growth of the City of Dalton; 2. Improved choices and equal opportunities for housing, jobs, transportation, recreation, health, education and social services for all citizens; 3. A policy and future plan framework for land use management, such as zoning and subdivision regulation; 4. Protection of existing residential neighborhoods from encroachment by inappropriate development, traffic density; 5. Strategically locating community facilities to provide needed services, and to control development patterns and to improve existing neighborhoods; 6. Preservation of historical sites, natural open spaces and environmental amenities; conservation of natural resources; 7. Timely, useful information to public officials and private investors for responsible development decision making; 8. Guidance for the programming of operating budgets and capital improvement; and 9. A comprehensive development planning process for coordinating planning of the facilities, programs and budgets of transportation, education, social service delivery, health
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care, economic and manpower development, parks and recreation systems, public safety, and utilities. B. The Commission shall be composed of not less than twelve (12) nor more than fifteen (15) individuals with qualifications as hereinafter provided, three (3) of whom shall be duly elected members of the Mayor and Council of the City of Dalton (hereinafter referred to as the Council members). (i) The Mayor and Council shal by ordinance provide for the total number of members of the Commission whether 12, 13, 14, or 15 from time to time. (ii) The initial Council members on the Commission upon the effective date of this Ordinance shall be Alderman Waymon Shorty Souther, Alderman Norris Little, and Alderman Tom Wright, who shall serve as members of the Commission until the first meeting of the Mayor and Council in January, 1987. (iii) After expiration of the terms of the initial Council members on the Commission, the Council members to the Commission shall be elected annually by an appropriate resolution of the Mayor and Council at the first meeting of the Mayor and Council in each succeeding calendar year. The Mayor shall be eligible to be elected to and to serve on the Commission as one of the three Council members if so elected by the Mayor and Council. The seat of any Council member on the Commission upon death or resignation, recall or removal from office on the Mayor and Council shall be deemed vacant. A vacancy in the seat of any of the Council member on the Commission shall be filed by election of a successor to fill the unexpired term through passage of an appropriate resolution of the Mayor and Council. (iv) There shall be no prohibition upon one, any or all of the Council members being elected to succeed themselves as members of the Commission from year to year. (v) The members of the Commission who are not the Council members shall be hereinafter referred to as the citizen members. The citizen members of the Commission shall be appointed by the Mayor and Council pursuant to
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passage of appropriate resolution(s). The initial citizen members of the Commission shall be designated by the Mayor and Council to serve terms, as follows: Three initial appointees designated with terms of one year; Three initial appointees designated with terms of two years; Three initial appointees designated with terms of three years; and If the Commission shall initially consist of more than twelve total members by virtue of an appropriate ordinance of the Mayor and Council, the remaining initial appointees designated with terms of four years. (vi) The citizen members of the Commission appointed to succeed initial citizen members upon the expiration of their designated terms shall be appointed for terms of four (4) years. (vii) Upon the death, resignation or other event creating a vacancy in the seat of any citizen member of the Commission, whether an initial appointee with a designated term or otherwise, the Mayor and Council shall fill the vacancy by appointing a qualified individual to fill the unexpired term of the vacating citizen member through passage of an appropriate resolution of the Mayor and Council. (viii) For purposes of determining the time of the regular expiration of any term of office of any citizen member of the Commission, a year for initial appointees shall be deemed to run from the date of initial appointment to the Commission until the first regular meeting of the Mayor and Council in January, 1987. Thereafter, a year shall be deemed to run from the date of the first regular meeting of the Mayor and Council in January of any calendar year until the first regular meeting of the Mayor and Council in the succeeding calendar year. (ix) No citizen member of the Commission shall be reappointed by the Mayor and Council to succeed him-or-herself
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for a successive term of service on the Commission except initial citizen members who are appointed for designated terms of two years or less. An initial citizen member of the Commission who is appointed for a designated term of two years or less may be once re-appointed by the Mayor and Council for a successive term of four (4) years. (x) A citizen member of the Commission must at the time of appointment by the Mayor and Council and at all times thereafter during the tenure of service on the Commission possess the following qualifications: (a) Maintain his or her permanent residence within the municipal limits of the City of Dalton, Georgia; (b) Be not less than eighteen (18) years of age. (xi) The Mayor and Council shall within thirty (30) days of the effective date of this Ordinance appoint as above provided the initial citizen members of the Commission. C. The Council members of the Commission shall within thirty (30) days of the appointment of the initial citizen members of the Commission by the Mayor and Council call an organizational meeting of the Commission. For each succeeding year the Council members on the Commission shall call for an organizational meeting of the Commission within thirty (30) days of the first regular meeting of the Mayor and Council held in January of that year. D. The Commission shall adopt by-laws and rules of order and procedure, amendable from time to time by a vote of a majority of its members, which by-laws and rules of order and procedure shall be consistent with this Ordinance, and any other applicable Charter provisions of the City of Dalton, any applicable provisions of the Revised Code of the City of Dalton, and the general law of the State of Georgia, particularly as it relates to the conduct of meetings of governmental agencies and retention of public documents and records. E. The Commission shall have the following officers whose general duties and powers shall be as set forth: (i) Chairman
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Duties of Chairman: To call meetings of the Commission upon notice to all its members and to conduct meetings of the Commission in accordance with the by-laws and rules of order and procedure of the Commission. To appoint an executive committee, if provided by the Commission, standing committees, and task forces as well as their respective chairpersons. To have a vote on all issues. To oversee the operations of the Commission during his/her term. To represent the Commission before the Mayor and Council or any designated Committee thereof in the budget process. To execute documents and contracts within the authority granted to him/her by the Commission in the name of and on behalf of the Commission. To make an annual report of the acts and doings of the Commission to the Mayor and Council as well as such other reports as the Mayor and Council may call upon him/her to make respecting the actings and doings of the Commission. Selection of Chairman: The Chairman of the Commission shall be elected annually by the Council members of the Commission who are elected to serve for that annual period. Such election shall be made by the Council members of the Commission each year within ten (10) days of their election to the Commission by the Mayor and Council. A majority vote of the three Council members of the Commission shall be required for election of the Chairman and such vote shall be announced and placed upon the minutes of the Commission at its annual organizational meeting. The Council members as well as citizen members shall be eligible to serve as Chairman. A member of the Commission may be elected to serve as Chairman for successive annual periods. The initial Chairman for the Commission shall be elected by the initial Council members of the Commission within ten (10) days of the effective date of this Ordinance and his election announced and placed in the minutes of the Commission at its first organizational meeting. (ii) Vice Chairman Duties of Vice Chairman: To exercise the powers of the Chairman upon the physical absence or temporary
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disability of the Chairman, or upon written request of the Chairman. Selection of Vice Chairman: The Vice Chairman of the Commission shall be elected annually by the full membership of the Commission at its organizational meeting. A majority vote of the members of the Commission voting shall be required for election. A Council member or citizen member of the Commission shall be eligible to serve as Vice Chairman. A member of the Commission may be elected to serve as Vice Chairman for successive annual periods. (iii) Secretary Duties of Secretary: To record all proceedings of the Commission as a committee of the whole and all proceedings of any executive committee of the Commission, if the Commission provides for one, and to timely transmit in writing all recommendations or advice of the Commission to the Mayor and Council. Selection of Secretary: The Secretary of the Commission shall be elected annually by the full membership of the Commission at its organizational meeting. A majority vote of the members of the Commission voting shall be required for election. A Council member or citizen member of the Commission shall be eligible to serve as Secretary. A member of the Commission may be elected to serve as Secretary for successive annual periods. F. The Commission may employ or retain such staff and expert or consultant services and clerical assistance as required to carry on its operations in meeting its public purposes subject to its budgetary allowances as set by the Mayor and Council. The Commission shall be authorized to make and enter contracts and agreements for consultant and expert advisory services, reviews, compilations and studies subject to its budgetary allowances as set by the Mayor and Council. The Commission through its proper officer shall submit an annual request for budget to the Mayor and Council or its designated Committee at the times and in the form directed by the Mayor and Council. For its
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initial period of fiscal operations beginning with the effective date of this Ordinance and until the end of the current fiscal year, the Commission shall submit to the Mayor and Council through its proper officer a budget request within forty-five (45) days of the effective date of this Ordinance. G. The City Attorney shall serve as legal counsel and advisor to the Commission and shall perform such legal services as the Commission shall request. H. The Commission is authorized to recommend to the Mayor and Council the consideration of such actions, programs, policies, or plans as the Commission deems desirable and in the public interest within the realm of the public planning purposes of the Commission. Such recommendations shall be transmitted in writing and published by the Mayor and Council at one of its regular public meetings within sixty (60) days of the date of receipt of the Commission's written recommendation. Further, the Commission is authorized to recommend to the Mayor and Council any ordinance or resolution to implement any such recommended action, program, policy or plan of the Commission to the Mayor and Council. Such ordinance or resolution shall be transmitted in written form to the Mayor and Council and shall within sixty (60) days of the date of receipt by the Mayor and Council be placed upon the agenda of the Mayor and Council for consideration in a regular public meeting. I. While the Commission may divide itself into committees and task forces for purposes of accomplishing its work, all final actions, recommendations and proposals of the Commission shall require approval of a majority of its members voting as a committee of the whole on the item or matter to be approved. Conduct of meetings of the Commission as a committee of the whole and passage of measures to be approved shall be subject to the following: (i) All special meetings of the Commission meeting as a committee of the whole shall be upon written notice of the Chairman or his designee to all of the members of the Commission setting forth the time, place and purpose of the special meeting. Regular meetings of the Commission meeting as a committee of the whole shall not require such written notice. At the organizational meeting of the Commission each
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year the members of the Commission shall provide the Chairman with an official postal address for receipt of any written notice so that posting such notice to said address shall constitute notice unless a written change of address has been subsequently given. Members of the Commission appointed for unexpired terms shall upon appointment to the Commission provide the Chairman with an official address for purposes of written notice and posting notice to such address shall likewise constitute notice unless a written change of address has been subsequently given. (ii) For purposes of passage or approval of any measure by the Commission meeting as a committee of the whole, a quorum of the members of the Commission shall be present in person. (iii) A quorum for the transaction of any business of the Commission meeting as a committee of the whole shall be a majority of the members of the Commission. (iv) No attendance or voting by proxy shall be considered. (v) All members of the Commission shall have one (1) vote on any matter to be voted on or acted upon by the Commission. (vi) Passage of any measure or the taking or approval of any action or recommendation by the Commission shall require a vote of a simple majority of the members of the Commission voting on the issue in any meeting. J. No member of the Commission shall be paid any salary or compensation for his or her service. However, the Mayor and Council shall be authorized in its discretion to set by ordinance a mileage allowance and per diem expenses for members of the Commission traveling or in attendance on official business of the Commission. The salary and employment benefits of any staff member(s) of the Commission shall be determined by the Mayor and Council through the budgetary process of the Mayor and Council. K. The Commission shall be authorized to name special appointees to serve the Commission in an advisory capacity with regard to specific areas of interest, studies or projects of the Commission. Such special appointees shall be designated
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to serve the Commission for a fixed period of time and the specific purpose for which appointed shall be enumerated by the Commission in making the appointment. Special appointees shall have no vote but shall be authorized to participate in the meetings and work of the Commission as requested by the Commission through its proper officers. Special appointees shall serve the Commission without salary or compensation. However, special appointees may receive such mileage allowance and per diem expenses as may be provided by the Mayor and Council in its discretion. Section 3. In the event any section, subsection, sentence, clause, or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the 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, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The Mayor and Council of the City of Dalton hereby declares that it would have passed the remaining parts of this Ordinance or retained the provisions not declared or adjudicated invalid or unconstitutional if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. Section 4. All Charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Notwithstanding the foregoing sentence this Ordinance is not intended to abolish or repeal any Charter provisions, ordinances or parts of ordinances creating and establishing i) The Dalton-Whitfield County Planning Commission; ii) The City of Dalton Recreation Commission; iii) The City of Dalton Civil Service Commission; iv) The Board of Water, Light Sinking Fund Commissioners of the City of Dalton; v) The City of Dalton Housing Authority; vi) The Industrial Development Authority of the City of Dalton;
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vii) The City of Dalton Building Authority; viii) The City of Dalton Historic Preservation Commission; ix) The Downtown Dalton Development Authority; x) The Downtown Development Authority of Dalton; xi) The Dalton-Whitfield County Civil Defense Office; xii) The City of Dalton Citizens Advisory Committee; xiii) The City of Dalton Board of Education; xiv) The Recorder's Court of the City of Dalton; xv) The Mayor and Council of the City of Dalton Employee's Pension Plan and trustees thereof; and xvi) Any officer, authority, agency or department not specifically named above. Section 5. This Ordinance shall become effective upon its passage by the Mayor and Council of the City of Dalton. First Reading: 03/17/86 Second Reading: 04/07/86 This Ordinance having been properly considered and adopted by the Mayor and Council of the City of Dalton, Georgia, the same is hereby approved. This 7 day of April, 1986. /s/ Jimmy L. Young, Sr. JIMMY L. YOUNG, SR., Mayor ATTEST: /s/ Faye L. Martin FAYE L. MARTIN, Clerk (SEAL) GEORGIA, WHITFIELD COUNTY.
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CERTIFICATE I, FAYE L. MARTIN, do certify that I am the Clerk of the City of Dalton, Georgia, and that the within and foregoing matter constitutes a true and correct copy of an Ordinance of the City of Dalton, Georgia, enacted and adopted at the regularly scheduled meetings of the Mayor and Council of the City of Dalton, Georgia, on March 17, 1986, and finally on April 7, 1986, which are two regular consecutive meetings of the Mayor and Council of the City of Dalton, Georgia, and that the original Ordinance as spread upon the permanent minutes and records of the Mayor and Council of the City of Dalton, Georgia is required to be retained in this Office. THIS 14 day of April, 1986. /s/ Faye L. Martin FAYE L. MARTIN, Clerk CITY OF DALTON, GEORGIA (CITY SEAL) NOTICE OF PROPOSED AMENDMENT TO CHARTER OF THE CITY OF DALTON Notice is Hereby given that an Ordinance has been introduced to amend an Act establishing a Charter for the City of Dalton, approved on February 24, 1874 (Ga. L. 1874, p. 181, et seq.) and the several acts amendatory thereof, the last to create and establish the Urban Area Planning Commission of the City of Dalton, designate its purposes, provide for its organization and membership, provide qualifications and terms of office for its Commissioners, provide for filling the vacancies on the Commission as they may occur, designate the powers of the Commission, include the Commission with the budgetary processes of the Mayor and Council of the City of Dalton for purposes of staff, consultants and other allowances, provide for special appointments to the Commission from time to time and designate officers for operation of the Commission; provide for severability; to repeal conflicting laws and ordinances; and for other purposes. A synopsis of the proposed Ordinance is as follows:
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The Urban Area Planning Commission of the City of Dalton is created and established and charged with the responsibility of public planning for community development, that is, the improvement of the social, economic, physical and political environment and well-being of the people of the City of Dalton and persons in proximity thereof who may be affected by growth and development of the City of Dalton. The Commission shall in its discretion recommend actions, plans, programs, or policies, or ordinances and resolutions to implement any such actions, plan, programs or policies, to the Mayor and Council of the City of Dalton for consideration and implementation. Any recommended actions, plans, programs, or policies shall be transmitted in writing and published by the Mayor and Council at one of its regular public meetings within sixty (60) days of the date of receipt of the Commission's written recommendation. Further, the Commission is authorized to recommend to the Mayor and Council any ordinance or resolution to implement any such recommended action, plan, program, or policy. Each ordinance or resolution shall be transmitted in written form to the Mayor and Council and shall within sixty (60) days of the date of receipt by the Mayor and Council be placed upon the agenda of the Mayor and Council for consideration in a regular public meeting. Recommendations or advice from the Commission to the Mayor and Council may address any area of community life, including but not limited to housing, health, transportation facilities, schools, land use, resource conservation, historical preservation, environmental quality, the aging, public safety, streets, roads and highways, sewers and drainage, utilities, courts, fines, revenue and taxation, economic growth, recreation, and manpower development. The Commission shall be guided in its planning and advisory processes by the following planning objectives: (1) orderly and efficient growth of the City of Dalton; (2) improved choices and equal opportunities for housing, jobs, transportation, recreation, health, education, and social services for all citizens; (3) a policy and future plan framework for land use management, such as zoning and subdivision regulations; (4) protection of existing residential neighborhoods from encroachment by inappropriate development, traffic density; (5) strategically locating community facilities to provide needed services, and to control development patterns and to improve existing neighborhoods; (6) preservation
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of historical sites, natural open spaces and environmental amenities; conservation of natural resources; (7) timely, useful information to public officials and private investors for responsible development decision making; (8) guidance for the programming of operating budgets and capital improvements; and (9) a comprehensive development planning process for coordinating planning of the facilities, programs and budgets of transportation, education, social service delivery, health care, economic and manpower development, parks and recreation systems, public safety and utilities. The Urban Area Planning Commission shall be composed of not less than twelve (12) or more than fifteen (15) individuals, three (3) of whom shall be duly elected members of the Mayor and Council of the City of Dalton. The Ordinance provides that Council members to the Commission shall be elected annually by the Mayor and Council and that the Mayor and Council shall appoint the citizen members of the Commission to four (4) year terms except for initial appointees who shall have designated terms of four (4) years or less. No citizen member on the Commission except for certain initial appointees may succeed him-or-herself. The Council members on the Commission may serve for successive periods if elected by the Mayor and Council. The Mayor shall be eligible to serve on the Commission if elected by the Mayor and Council. Vacancies in any seat on the Commission shall be filled for the unexpired term by appointment of the Mayor and Council. Commissioners must as a qualification for appointment and throughout their term of service on the Commission maintain a permanent residence within the municipal limits of the City of Dalton, Georgia and be not less than eighteen (18) years of age. There are various provisions for organization of the Commission including the conduct of an initial and annual organizational meeting of the Commission. The Commission shall adopt by-laws and rules of order and procedure amendable from time to time by a vote of a majority of its members, which by-laws and rules of order and procedure shall be consistent with the remaining provisions of the Urban Area Planning Commission Ordinance, Charter provisions of the City of Dalton, applicable provisions of the Revised Code of the City of Dalton, and the general law of the State of Georgia.
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The Ordinance provides that the Commission shall have a chairman, vice-chairman, and secretary. The chairman is empowered to call meetings of the Commission and conduct same, to appoint an executive committee, if any, standing committees and task forces as well as their respective chairperson(s). The chairman shall oversee the operation of the commission, represent the Commission before the Mayor and Council in the budget process, execute documents and contracts within his authority on behalf of the Commission, and make an annual report and other reports of the actings and doings of the Commission to the Mayor and Council. The chairman shall be elected annually by the Council members of the Commission who are elected to serve for that annual period. Both Council members and citizen members of the Commission are eligible to serve as chairman of the Commission. The vice-chairman of the Commission shall be elected annually by the full membership of the Commission at its organizational meeting. He shall exercise the powers of the chairman of the Commission upon the physical absence or temporary disability of the chairman or upon written request of the chairman. The secretary of the Commission shall be elected annually by the full membership of the Commission at its organizational meeting. The secretary will record all proceedings of the Commission as a committee of the whole and all proceedings of the executive committee of the commission, if any, and timely transmit in writing all recommendations or advice of the Commission to the Mayor and Council. The Commission is empowered to employ or retain staff, experts, clerical assistants and consultants as required to carry on its operations subject to its budgetary allowance as set by the Mayor and Council. No Commissioner shall be paid any wage or salary for his service on the Commission. The Mayor and Council may in its discretion set by ordinance a mileage allowance and/or per diem expense for members of the Commission traveling or in attendance on official business of the Commission, The salary or employment benefits of any staff member of the Commission shall be determined by the Mayor and Council in the budgetary process of the Mayor and Council. The Commission shall be authorized to name special apointees to serve the Commission in advisory capacities without salary
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or wage, but such special appointees may receive such mileage allowance and/or per diem expense as may be provided by the Mayor and Council in its discretion. The City Attorney will serve as legal counsel and advisor to the Commission and shall perform such legal services as the Commission shall request. The Ordinance provides any final action, recommendation or proposal of the Commission shall require to approval of a majority of its members voting as a committee of a whole on the item or matter to be approved. The Ordinance provides that notice shall be given to each member of the Commission before the conduct of any special meeting of the Commission. No notice is required for the conduct of any regular meeting. In order to transact business at any meeting of the committee of the whole there shall be a quorum of the members of the Commission which shall be a majority of the members of the Commission. There is no attendance or voting by proxy. All members of the Commission shall have one (1) vote on any matter to be voted on or acted upon by the Commission and passage of any measure or the taking or approval of any action or recommendation by the Commission shall require a vote of a simple majority of the members of the Commission voting on the issue at any meeting. The Ordinance shall be effective upon passage by the Mayor and Council. A copy of the proposed amendment to the Charter of the City of Dalton, Georgia creating and establishing the Urban Area Planning Commission of the City of Dalton is on file at the office of the City Clerk of the City of Dalton and in the Office of the Clerk of the Superior Court of Whitfield County, Georgia for the purposes of examination and inspection by the public. The Mayor and Council of the City of Dalton will consider the proposed Ordinance at two regular consecutive meetings to be held on March 17, 1986 and on April 7, 1986, at 7:30 o'clock P.M. in the Chambers of the Mayor and Council at City Hall, 114 Pentz Street, Dalton, Georgia.
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This 17th day of March, 1986. Jimmy L. Young, Mayor City of Dalton, Georgia 3-21, 3-28, 4-4 GEORGIA, WHITFIELD COUNTY PUBLISHER'S AFFIDAVIT Personally appeared before the undersigned officer, Louise Hackney, who says on oath that he is editor of the DAILY CITIZEN NEWS, a newspaper which has general circulation in the City of Dalton, Georgia, and is the official organ of Whitfield County, Georgia, the County in which the City of Dalton is located, and that a legal notice, copy of which is attached hereto as Exhibit A and made a part hereof by reference, appeared as a legal advertisement in the Daily Citizen News on March 21, 1986, March 28, 1986, and April 4, 1986. /s/ Louise B. Hackney Louise B. Hackney Sworn to and subscribed before me this 14th day of April, 1986. /s/ Pamela R. Wright NOTARY PUBLIC My Commission expires: 6-29-89 (SEAL) Filed in the Office of the Secretary of State April 29, 1986.
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TOWN OF DANVILLE MAYOR AND COUNCIL MEMBERS; SALARY. AN ORDINANCE An Ordinance to amend the Charter of the Town of Danville so as to increase the salary of the Mayor from $200.00 per annum to $100.00 per month and to increase the salaries of the members of the Council from $50.00 per annum to $25.00 per month, and for other purposes. Be it ordained by the Mayor and Council of the Town of Danville, Georgia, and it is hereby ordained by the authority of same, that the Charter of the Town of Danville is amended by striking Section 24 of an Act to establish a new Charter for the Town of Danville in the Counties of Wilkinson and Twiggs, Georgia Laws 1922, page 725, et seq, page 737, in its entirety and substituting in lieu thereof the following: Sec. 24. Be it further enacted by the authority aforesaid, That the clerk and marshal, or marshals, and all special policemen appointed by the Mayor shall receive such salary or compensation as may be fixed by the Mayor and Council, which shall be subject to change at any time. The Mayor and Council shall be paid such sums as may be fixed by proper ordinances; but the sum to be paid the Mayor as salary shall not be more than $100.00 per month, and the sums to be paid to the members of the Council as salary shall not be more than $25.00 per month. The last specified restriction shall not apply to the combined salary of a member of the Council and Clerk and Treasurer when one person fills both offices. Except as amended hereby, Charter of the Town of Danville, as amended, shall remain in full force and effect. This the 7th day of April, 1986. Motion: Mr. Thompson Second: Mrs. Keen Vote: 3 yea; O nay Passed. /s/ Lucille W. Keen LUCILLE W. KEEN, Clerk of Council
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AUTHENTICATION OF COPY FOR SECRETARY OF STATE CITY OF DANVILLE, TWIGGS AND WILKINSON COUNTIES, GEORGIA. TO THE HONORABLE MAX CLELAND, SECRETARY OF STATE OF GEORGIA: I hereby certify that I have carefully compared the foregoing two pages constituting a copy of an Amendment to the Charter of the City of Danville, Georgia, with the original Amendment to the Charter of said City which was approved by the Mayor and Council of Danville, Georgia on the 7th day of April, 1986, under the Municipal Home Rule Law and that the same is a true and correct copy thereof as the same appears upon the minutes of said municipality of record in the office of the Clerk of said city, and that the same contains all of said Amendment as approved as aforesaid. This authentication is made in accordance with said Municipal Home Rule Law in order that the same may be filed and recorded by you as provided by law. Given under my hand and the official seal of said city this the 3rd day of May, 1986. /s/ H. J. Chance, Jr. MAYOR OF THE CITY OF DANVILLE, GEORGIA Attest: /s/ Mae L. Thompson CITY CLERK (CORPORATE SEAL) LEGAL ADVERTISEMENT NOTICE OF INTENTION TO REVISE THE CHARTER OF THE TOWN OF DANVILLE, GEORGIA, SO AS TO INCREASE THE COMPENSATION OF THE MAYOR AND COUNCIL Pursuant to Section 36-35-4 (a) (3) of the Official Code of Georgia Annotated, please take notice that the undersigned have
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pending a revision of charter of the Town of Danville so as to increase the compensation of the Mayor to $100.00 per month and to increase the compensation of the Members of Council to $25.00 per month. Said revision will be considered at the regular April 7, 1986, meeting of the Mayor and Council to be held at 7:00 P.M. on that date. The public is invited. MAYOR AND COUNCIL Town of Danville, Georgia M20,27,A3d. STATE OF GEORGIA, COUNTY OF WILKINSON. AFFIDAVIT OF PUBLISHER Personally appeared before me, the undersigned officer duly authorized to administer oaths in said State and County, Mrs. Hazel C. Connell, who, having been duly sworn, deposes and says an oath that she is the General Manager of the Wilkinson County News , that, as such, she is authorized to make this affidavit, and that the attached notice was published in the Wilkinson County News , a local newspaper of general circulation in Danville, Georgia, and the official gazette of Wilkinson County, on March 20, 27, and April 3, 1986. This the 6th day of May, 1986. /s/ Mrs. Hazel C. Connell MRS. HAZEL C. CONNELL, General Manager Sworn to and subscribed before me this the 6th day of May, 1986. /s/ Susan A. Baggarly NOTARY PUBLIC My Commission Expires January 3, 1989 Filed in the Office of the Secretary of State May 12, 1986.
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CITY OF ALBANY SPECIAL HEARINGS AND APPEALS FOR POLICE AND FIRE PERSONNEL ABOLISHED. I do hereby certify that this is a true and correct copy. /s/ Joann Pope City Clerk 86-145 AN ORDINANCE ENTITLED AN ORDINANCE ADOPTED UNDER THE PROVISIONS OF THE MUNICIPAL HOME RULE ACT OF 1965, AS AMENDED, AMENDING THE CHARTER OF THE CITY OF ALBANY SO AS TO REMOVE FROM THE CITY CHARTER PROVISIONS FOR SPECIAL HEARINGS AND APPEALS FOR POLICE AND FIRE PERSONNEL; REPEALING PRIOR ORDINANCES AND CHARTER PROVISIONS 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: SECTION 1. Section 3 (i) of the Charter of the City of Albany is hereby amended by repealing and deleting therefrom the following provision: Provided, however, that the respective chiefs and other personnel of the police and fire departments employed by the city manager shall be subject to discharge by him during a probationary period of six months from date of appointment, subject to the approval of the board of city commissioners, with or without cause and without notice or hearing. All such officers and employees of the police and fire departments, who have served the requisite probationary period shall be subject to removal only for cause, and after 24 hours written notice setting forth substantially the cause of complaint. Any person dismissed shall have the right to appeal to the board of city commissioners by filing a written request for a hearing with the city clerk, within 24 hours after service of the written notice hereinabove provided for. Thereafter, within 48 hours of the filing of a request for hearing such employee shall be given written notice of the time
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and place of hearing. Thereafter the board of city commissioners shall conduct a hearing of such charges, with the right of the employee to be present and to be represented by counsel. If found guilty of the charges contained in the notice of dismissal by a majority vote of the total membership of the board of city commissioners, such employee may be discharged, suspended without further pay or reinstated. Any officer or employee may fail or refuse to demand such hearing and if such hearing is not demanded within the time hereinabove provided same shall be waived. Any officer or employee shall have the right to resign and resignations may be accepted by the city manager. The right of certiorari from the decision of the board of city commissioners shall exist in all cases and shall be exercised under the provisions of the laws of the State of Georgia in such cases made and provided. (Ga. Laws 1969, p. 3663, 1). SECTION 2. Section 26(3) (c) (3.1) of the Charter of the City of Albany, which reads as follows: 3. To remove employees employed by him without the consent of the commission and with good and just cause; such employee may appeal the general manager's decision to the commissioners. is hereby repealed. SECTION 3. 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. SECTION 4. 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: April 22, 1986 Adopted: May 13, 1986
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NOTICE Notice is given that there has been filed with the Clerk of the City of Albany, Georgia, a Home Rule Ordinance proposing to amend the Charter of the City of Albany so as to remove from the City Charter provisions for special hearings and appeals for police and fire personnel. 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 officer of the Clerk of the Superior Court of Dougherty County, Georgia, and such ordinances 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 April 14, 21, 28, 1986 5111 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: April 14, 21 and 28, 1986 /s/ Geoffrey L. Gray
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Sworn to and subscribed before me this 20 day of May, 1986, in the presence of: /s/ Pauline Buckner Notary Public My Commission Expires May 20, 1989. (Seal) Filed in the Office of the Secretary of State March 27, 1986. CITY OF BYRON MAYOR AND ALDERMEN; SALARY. AN ORDINANCE OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF BYRON, GEORGIA, ADOPTING A REVISION OF THE BYRON CITY CHARTER, PROVIDING FOR THE REPEAL OF SECTION 19; TO PROVIDE FOR COMPENSATION OF THE MAYOR AND BOARD OF ALDERMEN. BE IT ORDAINED by the Mayor and Board of Aldermen of the City of Byron, Georgia, and it is hereby ordained by the authority of the same as follows: SECTION 1. Section 19 of the Byron Town Charter (Acts 1941, p. 1224) is hereby repealed in its entirety. SECTION 2. The salary of the Mayor shall be $400.00 per month beginning January 1, 1988. The salary of the aldermen shall be $100.00 per month beginning January 1, 1988. The salary of the Mayor and Aldermen shall not be diminished during their term of office. At the regular meeting of the Mayor and Board of Aldermen in September, 1990 and each two years therefrom, the Mayor and Aldermen in regular session shall set the salaries of their respective positions. The salaries for the Mayor and Board of Aldermen shall be paid from the Treasury of the City of Byron and shall be paid monthly. SECTION 3. It is the intention of the Mayor and Board of Aldermen that the sections, paragraphs and sentences of this
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Ordinance are severable and if one be held unconstitutional or invalid, such remaining sections, paragraphs and sentences shall remain in full force and effect. First Reading, this 21st day of April, 1986. /s/ James E. Williams James E. Williams, Mayor ATTEST: /s/ Frances McDaniel Frances B. McDaniel, Clerk Second Reading, this 19th day of May, 1986. /s/ James E. Williams James E. Williams, Mayor ATTEST: /s/ Frances McDaniel Frances B. McDaniel, Clerk Adopted this 19th day of May, 1986. /s/ James E. Williams James E. Williams, Mayor ATTEST: /s/ Frances McDaniel Frances B. McDaniel, Clerk Resolution Certificate City of Byron GEORGIA, PEACH COUNTY I, Frances McDaniel, Clerk of Council of the City of Byron, a municipal corporation of the State of Georgia, do hereby certify, as custodian of the minutes of said Council, that the attached is a true and correct copy of a Resolution duly adopted at a
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regular meeting of the Mayor and Council of this municipality held on the 19th day of May, 1986, and that the same has been duly entered in the official minute books of the said Council. I further certify that said Resolution is of full force and effect, not having been repealed by any subsequent action of the said Mayor and Council. Witness my official signature and the seal of the said municipality this 19th day of May, 1986. /s/ Frances McDaniel (Seal) Frances McDaniel CLERK OF COUNCIL City of Byron STATE OF GEORGIA, PEACH COUNTY I hereby certify that this instrument is a true copy of the original filed for record in the Clerk's Office, Superior Court, of said County; on the 4th day of June 1986 and recorded in Final Record Book 102, page 720-723. Witness my Official Signature and the Seal of Said Court, Affixed this the 4th day of June 1986 /s/ Joe Wilder Clerk, Peach Superior Court GEORGIA, PEACH COUNTY Clerk's Office, Superior Court Filed in Office 4 day of June 1986 /s/ Joe Wilder Clerk AFFIDAVIT FOR LEGAL ADVERTISING GEORGIA, PEACH COUNTY The undersigned hereby states under oath that the notices attached to this sheet was published once a week for in The Leader-Tribune,
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the official of Peach County, Georgia on 4/30, 5/7, 5/14. Legal 4-20. Amendment, Sec. 19, Byron Town Charter. NOTICE Pursuant to the Official Code of Georgia Annotated Chapter 36-3-3, entitled the Home Rule Act, the Mayor and Board of Aldermen of the City of Byron hereby gives notice that an Ordinance was passed at the regular February 1986 meeting calling for an amendment of Section 19 of the Byron Town Charter (Acts 1941, p. 1224) to provide for a change in compensation of the Mayor and Board of Aldermen. The proposed ordinance will change the compensation of the Mayor from $300.00 per month to $400.00 per month and the Aldermen from $35.00 per month to $100.00 per month effective January 1, 1988 and provide for affixing compensation thereafter. A copy of the Ordinance as passed is on file with the Clerk of Peach Superior Court and with the Clerk of the City of Byron. The effective date of the change is May 19, 1986. James E. Williams Mayor, City of Byron ATTEST: Frances B. McDaniel, City Clerk 4-20 (4:30,5:7,14) Witness my signature this 11th day of June 1986 Cornelia B. Nichols Legal Advertising Dept.
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Sworn to and subscribed before me this 11 day of June 1986 /s/ Jeane Burnett Notary Public, GA State At Large Notary Public, Peach County, Georgia My Commission Expires April 1, 1990 Filed in the Office of the Secretary of State June 19, 1986. CITY OF ALBANY SANITARY SEWER COSTS. I do hereby certify that this is a true and correct copy. /s/ Joann Pope City Clerk 86-175 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 PROVIDE AN ADDITIONAL METHOD FOR THE RECOVERY OF THE COSTS OF CONSTRUCTION OF SANITARY SEWER LINES; 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: SECTION 1. Paragraph (9) of Section 34 of the Charter of the City of Albany, as amended, entitled Sewers; Extension of Gas, Water, etc. is hereby amended by adding at the end of said Paragraph (9) a new paragraph to read as follows: In addition to all other authority which the City of Albany has to construct or extend sanitary sewers and to provide for the recovery of the cost thereof, the City of Albany shall have
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the right, by a majority vote of the Board of Commissioners (4 votes), without the consent of the property owners, to construct or extend sanitary sewers, and to recover the cost of construction through tapping fees, to be computed as follows: The Director of the Public Works Department shall keep an accurate record of the cost of construction of such sanitary sewer line, and, upon completion, shall make an official determination of the entire cost thereof. Every person desiring to tap on to said line and receive service therefrom shall pay, at the time of tapping on, a tapping fee which shall be the greater of the following sums: (1) a fraction of the entire cost of construction as finally determined by the Public Works Director, the enumerator of which shall be the number of feet of property owned by said user abutting on said sanitary sewer line, and the denominator of which shall be the sum of the front footage of property abutting both sides of the sanitary sewer line; or (2) a fraction of such construction cost, the enumerator of which shall be the estimated demand upon such line by the user in terms of gallons per minute, as determined by or under the direction of the Public Works Director, and the denominator of which shall be the total capacity of said sanitary sewer line in terms of gallons per minute, as determined by the Public Works Director. 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. 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/ Sue Whiddon, Asst. CITY CLERK Adopted: June 10, 1986 Adopted: June 26, 1986
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NOTICE Notice is given that there has been filed with the Clerk of the City of Albany, Georgia, a Home Rule Ordinance proposing under the Municipal Home Rule Act of 1965 to amend the Charter of the City of Albany so as to provide an additional method for the recovery of the costs of construction of sanitary sewer lines. 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 May 26, June 2, 9, 1986 9683 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, Barbara C. Jones who, having been sworn states that (s)he is Treasurer 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: May 26, June 2, 9, 1986. /s/ Barbara C. Jones
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Sworn to and subscribed before me this 8th day of July, 1986, in the presence of: /s/ Dorothy Horne Notary Public Notary Public, Dougherty County, Georgia My Commission Expires April 3, 1990 Filed in the Office of the Secretary of State July 2, 1986. CITY OF ALBANY CITY MANAGER; RESOLUTION OF DISPUTES. I do hereby certify that this is a true and correct copy. /s/ Joann Pope City Clerk 86-185 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 PROVIDE AUTHORITY FOR THE CITY MANAGER TO RESOLVE DISPUTES BETWEEN CITY DEPARTMENTS AND/OR AGENCIES AND/OR COMMISSIONS; 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: SECTION 1. Section 4 of the Charter of the City of Albany, as amended, entitled City Manager, is hereby amended by adding at the end of said Section 4, immediately following paragraph
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(15), a new paragraph, to be numbered (16), and to read as follows: (16) All disputes or differences between city departments and/or agencies and/or commissions, whether established by city ordinance or by city charter, except the Board of City Commissioners, shall be resolved and determined by the City Manager, and all such city departments, agencies and/or commissions are directed to abide by his decision. 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. 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: June 26, 1986 Adopted: July 8, 1986 NOTICE Notice is given that there has been filed with the Clerk of the City of Albany, Georgia, a Home Rule Ordinance proposing to amend the Charter of the City of Albany so as to provide for the resolution by the City Manager of all disputes and differences between city departments and/or agencies and/or commissions, and for other purposes. 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
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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 May 26, June 2, 9, 1986 9954 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 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: May 26, June 2, 9, 1986 /s/ Geoffrey L. Gray Sworn to and subscribed before me this 18 day of June, 1986, in the presence of: /s/ Pauline Buckner Notary Public My Commission Expires May 20, 1989 (Seal) Filed in the Office of the Secretary of State July 14, 1986.
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CITY OF EAST POINT MAYOR AND COUNCIL; SPECIAL ELECTIONS; VACANCIES. ORD. NO...... HOME RULE ORDINANCE AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga. L. 1965, p. 298, et seq.) 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, AND IN PARTICULAR THAT ACT APPROVED APRIL 9, 1973 (Ga. L. 1973, p. 2577 at p. 2593, et seq.) IS HEREBY FURTHER AMENDED SO AS TO PROVIDE FOR COORDINATION OF SPECIAL ELECTIONS FOR MEMBERS OF THE MAYOR AND COUNCIL OF THE CITY OF EAST POINT WITH OTHER ELECTION DATES; TO PROVIDE CORRESPONDING PROVISIONS RELATING TO SWEARING IN OF MEMBERS OF MAYOR AND COUNCIL IN THE EVENT OF A SPECIAL ELECTION; 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. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAST POINT, ACTING BY AND THROUGH THE POWERS GRANTED THEM UNDER THE MUNICIPAL HOME RULE ACT OF 1965, AND AS AMENDED, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME THAT: Section 1. 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, and in particular that act approved April 9, 1973 (Ga. L. 1973, p. 2577 at 2593, et seq., Section 8), is hereby further amended by striking the provisions of Section 20 of the Charter of the City of East Point, Georgia, and inserting in lieu thereof a new Section 20 which shall provide as follows: Section 20. Vacancy in office of City councilmen. If a vacancy occurs from any cause in the office of a city
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councilman, the vacancy shall be filled in the following manner: The remaining councilman from the ward in which the vacancy exists shall appoint a person to fill such vacancy until a successor is elected and sworn in, or for the balance of the term as hereinafter provided. The successor councilman shall serve in that capacity until a successor is elected in a special election, as hereinafter provided, at which time he or she and any other qualified person may run to serve the remaining unexpired term of the vacancy to which he succeeded. In the event a vacancy occurs in the office of councilman during the last two years of the term of such councilman, the appointment made in the preceding manner shall be for the balance of the unexpired term of the succeeded councilman. In the event the vacancy occurs during the first two years of the term of such councilman, the City Council shall, within thirty (30) days from the date such vacancy begins, order a special election to fill such vacancy and such special election shall be conducted pursuant to the `Georgia Municipal Election Code,' as now or hereafter amended, except to the extent such Georgia Municipal Election Code prescribes a time frame that, if extended for a period of up to ninety days, such special election shall be extended so as to coordinate with and hold such special election concurrent with any other primary or other general election. The person elected to serve out the unexpired term of any vacated council seat shall be sworn into office as soon as reasonably practicable thereafter. Section 2. 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 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 Georgia for enrollment in Georgia Laws thereafter.
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Section 3. 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, clause or phrase 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 4. All Charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Section 5. This Ordinance shall become effective on the 4 day of August, 1986, unless subsequently vetoed as provided by law. First Reading 6/16/86 Second Reading 8/4/86 GNS 6/86 This Ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approved. This 4 day of August, 1986. /s/ Walter A. Ponder Walter A. Ponder, Mayor Attested to by: /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:
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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 August 4, 1986, 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 as provided in the Municipal Home Rule Act of 1965 as amended. This 7 day of August, 1986 /s/ Evelyne K. Reeves Clerk, City of East Point (Deponent) Sworn to and subscribed before me this 8th day of August, 1986. /s/ Jo A. McNorton Notary Public Notary Public, Fulton County, Georgia My Commission Expires Jan. 23, 1990 TO WHOM IT MAY CONCERN: I, Evelyne K. Reeves, City Clerk of the City of East Point, Georgia 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, adopted August 4, 1986 as the same appears on record in the office of the City Clerk of the City of East Point, Georgia.
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IN WITNESS WHEREOF I have hereunto affixed my official signature and the corporate seal of said city this 7th day of August, 1986. /s/ Evelyne K. Reeves Evelyne K. Reeves, City Clerk 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, and in particular that Act approved April 9, 1973 (Ga. L. 1973, p. 2577 at 2593, et seq.) is hereby further amended so as to provide for coordination of special elections for members of the Mayor and Council of the City of East Point with other election dates; to provide for corresponding provisions relating to swearing in of members of Mayor and Council in the event of a special election, 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, 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, June 16, 1986, and will be considered for final adoption at the regular meeting of the Mayor and Council on Monday, August 4, 1986. Evelyne K. Reeves, City Clerk 6040, 6/17-7/16-7/31
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PUBLISHER'S CERTIFICATE STATE OF GEORGIA..... [UNK] COUNTY OF FULTON..... [UNK] ss: Personally appeared before the undersigned, a notary public within and for said county and State, of Georgia, publisher of the Southside Sun a newspaper published at East Point, 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 26 day of June, 1986 /s/ Gerald W. Crane Publisher (by) /s/ Tina Green Agent Sworn to and subscribed before me this 11th day of August, 1986. /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 City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several acts amendatory thereof, and in particular that Act approved April 9, 1973 (Ga. L. 1973, p. 2577 at 2593, et seq.) is hereby further amended so as to provide for coordination of special elections for members of the Mayor and Council of the City of East Point with other election dates; to provide for corresponding provisions relating to swearing in of members of Mayor and Council in the event of a special election, to provide for compliance with the Municipal Home Rule Act of 1965; to provide for enrollment; to provide for severability
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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 on Monday, June 16, 1986, and will be considered for final adoption at the regular meeting of the Mayor and Council on Monday, Aug. 4, 1986. Evelyne K. Reeves City Clerk 60407/17-7/31 PUBLISHER'S CERTIFICATE STATE OF GEORGIA..... [UNK] COUNTY OF FULTON..... [UNK] ss: Personally appeared before the undersigned, a notary public within and for said county and State, of Georgia, publisher of the Southside Sun a newspaper published at East Point, 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 31 day of July, 1986 /s/ Gerald W. Crane Publisher (by) /s/ Tina Green Agent
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Sworn to and subscribed before me this 11th day of August, 1986. /s/ David H. Hamrick Notary Public. My commission expires September, 1986 (SEAL) Filed in the Office of the Secretary of State August 15, 1986. CITY OF DORAVILLE MAYOR; SALARY. AMENDMENT NO. A to ORDINANCE NO. 221 AN ORDINANCE ENACTED PURSUANT TO THE OFFICIAL CODE OF GEORGIA 36-35-3 TO AMEND SECTION 2.07 OF THE CHARTER OF THE CITY OF DORAVILLE SO AS TO INCREASE THE ANNUAL SALARY OF THE MAYOR TO $36,000.00; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED AND IT IS HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DORAVILLE, a political subdivision of the State of Georgia, as follows: SECTION I Pursuant to the authority granted to the City under the Home Rule Act, Official Code of Georgia, 36-35-3 Section 2.07 of the Charter of the City of Doraville is hereby amended by striking the phrase a salary of $30,000.00 per year therefrom, and substituting therefor the following, a salary of $36,000.00 per year, so that as amended, Section 2.07 of the Charter of the City of Doraville shall read as follows: Section 2.07 Compensation and Expenses. Be it further enacted that the Mayor shall receive
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a salary of $36,000.00 per year, and the Mayor Pro Tem and each other member of the City Council shall receive a salary of $300.00 per month. Each Councilman and the Mayor, when authorized by the Council and upon the presentation of itemized vouchers shall receive their actual and necessary expenses incurred in the performance of their duties of office. SECTION II REPEAL FOR CERTAIN PURPOSES. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION III EFFECTIVE DATE. This Ordinance shall become effective upon the taking of office of the Mayor at the next election for that office in the City of Doraville. SECTION IV SEVERABILITY. It is hereby declared to be the intention of the Mayor and City Council of the City of Doraville that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by any Court of competent jurisdiction such invalidity or unconstitutionality shall affect any of the phrases, clauses, sentences, paragraphs or sections of this Ordinance. This 15 day of September, 1986. /s/ Gene Lively GENE LIVELY, Mayor City of Doraville ATTEST: /s/ James W. Buechler James W. Buechler City Clerk
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FIRST READING: Sept. 15 1986 SECOND READING: Oct. 6, 1986 September 17, 1986 I, JAMES W. BUECHLER, do hereby certify that the within and foregoing is a true and correct copy of Amendment A to Ordinance No. 221 of the Charter of the City of Doraville, as duly and acted by the City of Doraville. On the 15th day September, 1986. /s/ James W. Buechler (SEAL) JAMES W. BUECHLER City Clerk Received October 6, 1986 Whitfield C. Smith Clerk Superior Court NOTICE OF LOCAL LEGISLATION August 1, 1986 Pursuant to Official Code of Georgia, Annotated 36-35-3, notice is hereby given that an Amendment to the Charter of the City of Doraville increasing the annual salary of the Mayor of the City of Doraville has been discussed and proposed by the City Council of the City of Doraville. The purpose of the Amendment is to increase the salary of the Mayor from $30,000.00 per year to $36,000.00 per year. A copy of the proposed Amendment is on file in the office of the City Clerk of the City of Doraville, 3760 Park Avenue, Doraville, Georgia, and the office of the Clerk of the Superior Court of DeKalb County, Georgia for purposes of examination and inspection by the public. Action taken on the proposed Charter Amendment is intended to be taken at the regularly scheduled meeting of the Mayor and City Council of the City of Doraville on the third Monday in September, 1986 at 8:00 o'clock P.M. Edward E. Carter, P.C. Attorney for City of Doraville 16-9030,8/21-9/4
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PUBLISHER'S CERTIFICATE STATE OF GEORGIA..... [UNK] COUNTY OF DEKALB..... [UNK] ss: 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-Mayor Salary Increase a true copy of which is hereto annexed, was published in said newspaper in its issue of the 21, 28, 4th day of August September, 1986. /s/ Gerald W. Crane Co-Publisher (by) /s/ Linda L. Orr Agent Sworn to and subscribed before me this 4th day of September 4th, 1986 /s/ B. Lynn Crane Notary Public My commission expires December 4, 1989 (SEAL) Filed in the Office of the Secretary of State October 14, 1986.
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CITY OF WAYCROSSMUNICIPAL COURT; CONTEMPT. 86-35 AN ORDINANCE TO AMEND SECTION 59 OF THE POLICE COURT OF THE CHARTER OF THE CITY OF WAYCROSS, GEORGIA, IN ACCORDANCE WITH THE MUNICIPAL HOME RULE ACT OF (Georgia Laws, 1909, Section 44, p. 1456, as amended) 1965; AND FOR OTHER PURPOSES. WHEREAS, under the provisions of Section 36-35-3, O.C.G.A. (a part of the Municipal Home Rule Act of 1965), the Commission of the City of Waycross, Georgia, has power and authority to amend the City Charter, in accordance with the procedures set forth therein; and WHEREAS, the Commission of the City of Waycross has caused a notice to be published in the Waycross Journal-Herald, the official organ of Ware County, Georgia containing a synopsis of the proposed amendment, in accordance with the provisions of said Section 36-35-3, O.C.G.A.; and WHEREAS, the Commission of the City of Waycross has caused a copy of this proposed amendment to be placed on file in the office of the Clerk of the City of Waycross, Georgia, and in the office of the Clerk of the Superior Court of Ware County, Georgia (being the county of the legal situs of the City of Waycross), and also in the office of the Clerk of Superior Court of Pierce County, Georgia, for the purpose of examination and inspection by the public; and WHEREAS, it is desirable to amend the charter of the City of Waycross, and particularly Section 59, Police Court, as printed by the Municipal Code Corporation (Georgia Laws 1909, Section 44, p. 1456, as amended), by defining contempt and providing for punishment thereof, and by deleting existing Subsection 4. BE IT ORDAINED by the Commission of the City of Waycross, Georgia, and it is hereby ordained by the authority of same:
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Section 1. Section 59, Police Court, of the City Charter of the City of Waycross, Georgia, is hereby amended by striking and deleting Subsection 4, and by adopting a new Subsection 4 as follows: A. CONTEMPT: The Mayor or other Police Court judge when sitting or proceeding in such Police Court shall have the authority to issue attachment and inflict summary punishment for contempt of court in cases of: (1) misbehavior of any person or persons in the presence of such court or so near thereto as to obstruct the administration of justice; (2) misbehavior of any of the officers of the court in their official transactions; (3) disobedience or resistance of any officer of the court, party, juror, witness, or other person or persons to any lawful writ, processed order, rule, decree, or command of the court; B. The Recorder or other presiding judge of said Police Court shall have the power and authority to punish for contempt by fine not to exceed $1,000, or confinement in the City Jail not to exceed six months, either one or more or all, in the discretion of the Recorder or other Police Court judge trying the case, and all sentences may be in the alternative and fines may be imposed with the alternative of either or both of the other punishments in the event that the fines are not paid. Upon failure or refusal of any person to pay promptly any fine or cost imposed by said Recorder or other presiding judge, the same may be enforced and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the City and levies may be made and sales thereunder may be conducted in the same way this method being cumulative and to be used at the option of the Commission of the City of Waycross. Section 2. All charter provisions (including but not limited to Georgia Laws 1909, Section 44, p. 1456) and ordinances in conflict herewith are hereby repealed.
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This the 7th day of October, 1986. /s/ Carl K. Pickett MAYOR ATTEST: /s/ J. Robert Day CITY CLERK GEORGIA, WARE COUNTY Personally appeared before the undersigned, duly authorized by law to administer oaths, J. ROBERT DAY, who, being duly sworn on oath, deposes and says. 1. That he is the City Clerk of the City of Waycross, Georgia and has held such position at all times pertinent hereto. 2. That attached hereto is a true and correct copy of the Ordinance amending the City Charter of the City of Waycross (hereafter referred to as Charter Amendment) which Charter Amendment was adopted by the Commission of the City of Waycross by reading and approving the same in accordance with the Charter and Code of the City of Waycross at two regular meetings; the first was held on September 16, 1986 and the second was held on October 7, 1986. 3. That the undersigned hereby certified that the attached copy of the Charter Amendment is a true and correct copy of the Charter Amendment adopted pursuant to readings held on September 16, 1986 and October 7, 1986. 4. That a copy of the notice published in the Waycross Journal Herald on September 13, 1986, September 20, 1986 and September 27, 1986 as well as copy of said Charter Amendment was on file in this office at City Hall, 417 Pendleton Street, Waycross, Georgia and available for inspection and copying during normal business hours commencing on September 10, 1986 through and including the date of final approval on October 7, 1986. /s/ J. Robert Day J. ROBERT DAY, CITY CLERK
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Sworn to and subscribed before me this the 14th day of Oct., 1986. /s/ Iris Hitt NOTARY PUBLIC Notary Public, Georgia, State at Large My Commission Expires Mar. 2, 1987 GEORGIA, WARE COUNTY. Personally appeared before an undersigned officer, duly authorized to administer oaths, came Jack Williams, Jr., who being duly sworn on oath, deposes and says as follows: 1. That Jack Williams, Jr. holds the position of Publisher with the Waycross Journal Herald. 2. That the Waycross Journal Herald is a newspaper of general circulation in the City of Waycross, Georgia and that it is the official organ of Ware County, Georgia. 3. That a notice containing a synopsis of a proposed amendment to the Charter of the City of Waycross was published in said newspaper on September 13, September 20, and September 27, all in the year 1986. A copy of said notice is attached hereto as Exhibit A. 4. That the undersigned is authorized to execute this affidavit. This the 9th day of October, 1986. /s/ Jack Williams, Jr. Sworn to and subscribed before me this the 9th day of October, 1986. /s/ Ryvanua R. Mock NOTARY PUBLIC: My Commission Expires: Dec. 11, 1988
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PUBLIC NOTICE: PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF WAYCROSS, GEORGIA The Commission of the City of Waycross will consider a proposed amendment to the Charter of the City of Waycross, Georgia, at the City Hall, 417 Pendleton Street, Waycross, Georgia, at 7:00 P.M. on Tuesday, September 16, 1986 (for the first reading) and at 7:00 P.M. on Tuesday, October 7, 1986 (for the second reading). A synopsis of the proposed amendment to the Charter, Section 59, (Georgia Laws, 1909, Section 44, p. 1456, as amended) follows: The proposed amendment to the City Charter, would amend Section 59, (Georgia Laws 1909, Section 44, p. 1456, as amended) which deals with contempt before the Recorder's Court, and punishment therefor, by (1) defining contempt, as set forth in Section 15-1-4 O.C.G.A., summarized as being (a) misbehavior of any person so as to obstruct justice; (b) misbehavior of any officer of the Court in official transactions, and (c) disobedience or resistance by any officer, party, witness, or person who is subject to lawful command of the court, and (2) providing punishment for contempt not to exceed $1,000, by imprisonment not to exceed six months, either one or more or all. A copy of the proposed amendment is on file in the office of the City Clerk of the City of Waycross, Georgia, (City Hall, 417 Pendleton Street, Waycross, Georgia) in the office of the Clerk of Superior Court of Ware County, Georgia (Ware County Courthouse), the legal situs of the City of Waycross, and is also on file in the office of the Clerk of Superior Court of Pierce County, Georgia (Pierce County Courthouse). A copy of the proposed amendment is available to any person who makes a written request to the City Clerk of the City of Waycross, Georgia, during normal business hours. This the 10th day of September, 1986. /s/ J. ROBERT DAY CITY CLERK
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EXHIBIT A PUBLIC NOTICE PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF WAYCROSS, GEORGIA The Commission of the City of Waycross will consider a proposed amendment to the Charter of the City of Waycross, Georgia, at the City Hall, 417 Pendleton Street, Waycross, Georgia, at 7:00 P.M. on Tuesday, September 16, 1986 (for the first reading) and at 7:00 P.M. on Tuesday, October 7, 1986 (for the second reading). A synopsis of the proposed amendment to the Charter, Section 59, (Georgia Laws, 1909, Section 44, p. 1456, as amended) follows: The proposed amendment to the City Charter, would amend Section 59 (Georgia Laws 1909, Section 44, p. 1456, as amended) which deals with contempt before the Recorder's Court, and punishment therefor, by (1) defining contempt, as set forth in Section 15-1-4 O.C.G.A., summarized as being (a) misbehavior of any person so as to obstruct justice; (b) misbehavior of any officer of the Court in official transactions, and (c) disobedience or resistance by any officer, party, witness, or person who is subject to lawful command of the court, and (2) providing punishment for contempt not to exceed $1,000, by imprisonment not to exceed six months, either one or more or all. A copy of the proposed amendment is on file in the office of the City Clerk of the City of Waycross, Georgia, (City Hall, 417 Pendleton Street, Waycross, Georgia) in the office of the Clerk of Superior Court of Ware County, Georgia (Ware County Courthouse), the legal situs of the City of Waycross, and is also on file in the office of the Clerk of Superior Court of Pierce County, Georgia (Pierce County Courthouse). A copy of the proposed amendment is available to any person who makes a written request to the City Clerk of the City of Waycross, Georgia, during normal business hours.
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This the 10th day of September, 1986. J. ROBERT DAY CITY CLERK Kopp, Peavy, Conner 9-13-3Sats. Filed in the Office of the Secretary of State October 22, 1986. CITY OF ALBANY PUBLIC IMPROVEMENTS; ASSESSMENT OF COSTS. I do hereby certify that this is a true and correct copy. /s/ Joann Pope City Clerk 86-249 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 AUTHORIZE THE ASSESSMENT OF THE COSTS OF CERTAIN PUBLIC IMPROVEMENTS AGAINST PUBLIC UTILITIES OR PUBLIC SERVICE COMPANIES ABUTTING THE IMPROVEMENTS ON THE SAME BASIS AS OTHER ABUTTING PROPERTY OWNERS ARE ASSESSED; REPEALING PRIOR ORDINANCES IN CONFLICT; AND FOR OTHER PURPOSES. BE IT RESOLVED by the Board of Commissioners of the City of Albany, Georgia, and it is hereby resolved by the authority of same: SECTION 1. Section 33(A) of the Charter of the City of Albany, as amended, providing for street improvements and
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for the assessment of the costs thereof, is hereby amended by adding an additional paragraph to said Section 33(A), commencing at the end of said section, to read as follows: In all cases where the city, pursuant to the authority contained in this section, or pursuant to authority contained in any other section of this charter or elsewhere in state or local law, determines to assess the cost or a portion thereof of any paving, curb, gutter, or other improvement to any street, alley, sidewalk or other public way, or the cost or any portion thereof of sewers, or any other public improvement, against the abutting property owners, and if any of the abutting property or any interest therein is owned by public utilities or public service companies, the city shall have the power and authority to assess against such public utilities and public service companies and their abutting properties their proportionate part of the cost of such improvements in the same manner and to the same extent it assesses the same against the other abutting property owners and their properties. 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. Section 3. All ordinances or parts of ordinances and all charter provisions or parts of charter provisions in conflict herewith are repealed. /s/ J. J. Whittington MAYOR PRO TEM AND ACTING MAYOR ATTEST: /s/ Joann Pope CITY CLERK Adopted: October 28, 1986 Adopted: November 11, 1986
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NOTICE Notice is given that there has been filed with the Clerk of the City of Albany, Georgia, a Home Rule Ordinance proposing to amend the Charter of the City of Albany so as to authorize the assessment of the costs of certain public improvements against public utilities or public service companies abutting the improvements on the same basis as other abutting property owners, and for other purposes. 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 October 14, 21, 28, 1986 2722 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, James M. Robinson, II, who, having been sworn, states that (s)he is Classified Manager 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: October 14, 21 and 28, 1986. /s/ James M. Robinson, II
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Sworn to and subscribed before me this 30 day of October, 1986, in the presence of: /s/ Pauline Buckner Notary Public My Commission Expires May 20, 1989. Filed in the Office of the Secretary of State November 19, 1986. TOWN OF BOGART MAYOR, MAYOR PRO-TEM, AND COUNCIL; SALARIES. STATE OF GEORGIA OCONEE COUNTY SYNOPSIS OF PROPOSED AMENDMENT An Act to amend a portion of Section Fifteen (15), Page 674 of the Town Charter of Bogart, Georgia entitled, MAYOR'S VOTE; SALARY OF MAYOR AND COUNCIL, approved August 24, 1905, in order to establish and increase the Salary of the Mayor and Council of Bogart, Georgia. PROPOSED AMENDMENT WHEREAS, it is the desire of the Mayor and Council of the Town of Bogart, Georgia to amend a portion of Section 15, Page 674 of the Town Charter of Bogart, Georgia in Oconee County, approved on the 24th day of August, 1905, thru the Home Rule Act of 1965, Section 36-35-3, in order to establish and increase the Salary of the Mayor and Council of the Town of Bogart, Georgia; SECTION 1. Be it enacted by the Mayor and Council of the Town of Bogart, Georgia, and hereby enacted by authority of the same, that a portion of Section 15, Page 674 of the Town
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Charter, the same being an Act entitled, MAYOR'S VOTE; SALARY OF MAYOR AND COUNCIL, approved August 24, 1905 be and is hereby amended as follows: Section 15, by striking the numbering, $500.00, line seven, and substituting in lieu thereof the numbering, $1,200.00 as so to increase the salary of the Mayor of the Town of Bogart, and to amend line 10 of said Act by striking the numbering, $50.00 and substituting in lieu thereof the numbering, $600.00, as so to increase the salary of the Council of the Town of Bogart. SECTION 2. Be it further enacted by the Mayor and Council of the Town of Bogart, Georgia, and hereby enacted by the authority of the same, that the following be added to the Town Charter, Section 15, Page 674, line 10; The Salary of the Pro-Tem Mayor of said Town shall be fixed and by the Mayor and Council immediately after the appointing of each newly Pro-Tem Mayor of said Town, and shall not exceed $900.00 per annum. The said salary of Mayor, Pro-Tem Mayor and Council shall be divided by twelve (12) in order to establish a salary on a monthly basis, (not to exceed said sum per annum), and shall be paid the fixed percentage on the 25th day in each month, not to exceed twelve calender months in each year. FIRST DULY ADOPTED AT A REGULAR SESSION: THIS 4th DAY OF August, 1986. /s/ B. C. Hogan B. C. HOGAN, MAYOR /s/ E. H. Christian E. H. CHRISTIAN, PRO-TEM MAYOR /s/ Jack T. Irvin JACK T. IRVIN, COUNCILMAN /s/ ROY F. NORRIS, COUNCILMAN /s/ David T. Nunn DAVID T. NUNN, COUNCILMAN
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ATTEST: /s/ Teresa D. M. Craft Clerk of Council STATE OF GEORGIA OCONEE COUNTY SYNOPSIS OF PROPOSED AMENDMENT An Act to amend a portion of Section Fifteen (15), Page 674 of the Town Charter of Bogart, Georgia entitled, MAYOR'S VOTE; SALARY OF MAYOR AND COUNCIL, approved August 24, 1905, in order to establish and increase the Salary of the Mayor and Council of Bogart, Georgia. PROPOSED AMENDMENT WHEREAS, it is the desire of the Mayor and Council of the Town of Bogart, Georgia to amend a portion of Section 15, Page 674 of the Town Charter of Bogart, Georgia in Oconee County, approved on the 24th day of August, 1905, thru the Home Rule Act of 1965, Section 36-35-3, in order to establish and increase the Salary of the Mayor and Council of the Town of Bogart, Georgia; SECTION 1. Be it enacted by the Mayor and Council of the Town of Bogart, Georgia, and hereby enacted by authority of the same, that a portion of Section 15, Page 674 of the Town Charter, the same being an Act entitled, MAYOR'S VOTE; SALARY OF MAYOR AND COUNCIL, approved August 24, 1905 be and is hereby amended as follows: Section 15, by striking the numbering, $500.00, line seven, and substituting in lieu thereof the numbering, $1,200.00 as so to increase the salary of the Mayor of the Town of Bogart, and to amend line 10 of said Act by striking the numbering, $50.00 and substituting in lieu thereof the numbering, $600.00, as so to increase the salary of the Council of the Town of Bogart. SECTION 2. Be it further enacted by the Mayor and Council of the Town of Bogart, Georgia, and hereby enacted by the authority of the same, that the following be added to the Town Charter, Section 15, Page 674, line 10;
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The Salary of the Pro-Tem Mayor of said Town shall be fixed and by the Mayor and Council immediately after the appointing of each newly Pro-Tem Mayor of said Town, and shall not exceed $900.00 per annum. The said salary of Mayor, Pro-Tem Mayor and Council shall be divided by twelve (12) in order to establish a salary on a monthly basis, (not to exceed said sum per annum), and shall be paid the fixed percentage on the 25th day in each month, not to exceed twelve calender months in each year. SECONDLY DULY ADOPTED AT A REGULAR SESSION: THIS 8th DAY OF September 1986. /s/ B. C. Hogan B. C. Hogan, Mayor /s/ E. H. Christian E. H. Christian, Mayor Pro-Tem /s/ David T. Nunn David T. Nunn, Councilman /s/ Jack T. Irvin Jack T. Irvin, Councilman /s/ Roy F. Norris Roy F. Norris, Councilman ATTEST: /s/ Teresa D. M. Craft Teresa D. M. Craft, Clerk of Council (SEAL) 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 AUGUST 6 DB, 1986 A COPY OF THE PROPOSED AMENDMENT: SYOPSIS OF PROPOSED AMENDMENT AND A COPY OF THE TOWN CHARTER OF BOGART, GEORGIA SECTION 15, PAGE 674 DB,
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ENTITLED, MAYOR'S VOTE: SALARY OF THE MAYOR AND COUNCIL (WHICH IN PART IS BEING REPEALED) FOR THE PURPOSE OF INSPECTION AND EXAMINATION OF THE PUBLIC. WITNESS MY OFFICIAL SIGNATURE AND SEAL OF SAID COURT THIS 10th DAY OF Sept., 1986. /s/ Dolores Brooks CLERK OF SUPERIOR COURT CLARKE COUNTY, GEORGIA GEORGIA OCONEE COUNTY I, SANDRA C. GLASS, CLERK OF SUPERIOR COURT OF OCONEE COUNTY, GEORGIA DO HEREBY CERTIFY THAT THERE HAS BEEN ON FILE AS OF AUGUST 6 SG, 1986 A TRUE AND CORRECT COPY OF THE PROPOSED AMENDMENT; SYNOPSIS OF PROPOSED AMENDMENT, AND A COPY OF THE TOWN CHARTER OF BOGART, GEORGIA, SECTION 15, PAGE 674, ENTITLED, MAYOR'S VOTE; SALARY OF THE MAYOR AND COUNCIL (WHICH IS BEING REPEALED IN PORTION) FOR THE PURPOSE OF EXAMINATION AND INSPECTION BY THE PUBLIC. WITNESS MY OFFICIAL SIGNATURE AND SEAL OF SAID COURT THIS 5th DAY OF Sept., 1986. /s/ Sandra C. Glass CLERK OF SUPERIOR COURT OCONEE COUNTY, GEORGIA PROVISIONS OF THE MUNICIPAL HOME RULE ACT OF 1965 AS AMENDED The City Council Members of the City of Bogart, Georgia hereby give notice of the following;
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The City Council Members have before them for consideration a proposed amendment to the Charter of the City of Bogart, Georgia. Synopsis of Proposed Amendment The proposed amendment shall be effective upon adoption. Proposed change is: That Section 15 of the Charter of Bogart, Georgia entitled Mayor's vote; Salary of Mayor and Councilmen be repealed in portion. This repeal is to amend said portion of Section 15 of the Charter which apply to the Salary of the Bogart Mayor and Councilmen. A copy of the proposed amendment is on file in the office of the Clerk of Council of the City of Bogart at the City Hall, and a copy is on file in the office of the Clerk of Superior Court of Oconee County, at the Courthouse in Watkinsville, Georgia and the office of the Clerk of Superior Court of Clarke County, at the Courthouse in Athens, Georgia for the purpose of examination and inspection of the public. Inspections and examinations of the proposed amendment may be made Monday-Friday, 9 AM-5 PM in any of the above said offices, until closing of inspection on Friday, September 5, 1986. The City Council will make final consideration of the proposed amendment at the next regular session to be held on Monday, September 8, 1986 at 7:00 P.M. Ifirst adoption being made at the regular session on August 4, 1986.) at the Bogart City Hall. This notice shall serve as formal notice of such intended action. Written comments shall be addressed to the undersigned so as to arrive no Later than Friday, September 5, 1986. All comments respecting the proposed amendment received by September 5, 1986 will be fully considered. Notice is hereby given this 7th day of August, 1986. Teresa D. M. Craft Clerk, City of Bogart Bogart City Hall P.O. Box 206 Bogart, GA 30622 PN:
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PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF CLARKE Personally appeared before the undersigned, a notary public within and for said county and State; Co-publisher of THE ATHENS BANNER HERALD and THE DAILY NEWS a newspaper publisher at ATHENS, GEORGIA County of CLARKE STATE OF GEORGIA who being duly sworn, states on oath that the report of PUBLIC NOTICE: HOME RULE ACT OF 1965-PROPOSED AMENDMENT, a true and correct copy of which is hereto annexed, was published in said newspaper in its issue of the 14TH, 21ST, 28TH day of AUGUST 1986. /s/ A. Mark Smith Publisher Sworn to and subscribed before me this 29th day of August, 1986. /s/ Windy G. Hanell Notary Public, Ga. State at Large My Commission Expires Dec. 8th, 1986 (SEAL) PROVISIONS OF THE MUNICIPAL HOME RULE ACT OF 1965 AS AMENDED The City Council Members of the City of Bogart, Georgia hereby give notice of the following: The City Council Members have before them for consideration a proposed amendment to the Charter of the City of Bogart, Georgia. Synopsis of Proposed Amendment The proposed amendment shall be effective upon adoption. Proposed change is: That Section 15 of the Charter of Bogart, Georgia entitled Mayor's vote, Salary of Mayor and Councilmen be repealed in portion. This repeal is to amend said portion of Section 15 of the Charter which apply to the Salary of the Bogart Mayor and Councilmen.
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A copy of the proposed amendment is on file in the office of the Clerk of Council of the City of Bogart at the City Hall, and a copy is on file in the office of the Clerk of Superior Court of Oconee County, at the Courthouse in Watkinsville, Georgia and the office of the Clerk of Superior Court of Clarke County, at the Courthouse in Athens, Georgia for the purpose of examination and inspection of the public. Inspections and examinations of the proposed amendment may be made Monday-Friday, 9 AM 5 PM in any of the above said offices, until closing of inspection on Friday, September 5, 1986. The City Council will make final consideration of the proposed amendment at the next regular session to be held on Monday, September 8, 1986 at 7:00 P.M. (first adoption being made at the regular session on August 4, 1986) at the Bogart City Hall. This notice shall serve as formal notice of such intended action. Written comments shall be addressed to the undersigned so as to arrive no later than Friday, September 5, 1986. ALL comments respecting the proposed amendment received by September 5, 1986 will be fully considered. Notice is hereby given this 7th day of August, 1986. Teresa D. M. Craft Clerk, City of Bogart Bogart City Hall P.O. Box 206 Bogart, Ga. 30622 PN: 8/14, 21, 28 PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF OCONEE Personally appeared before the undersigned, a notary public within and for said county and State; Co-publisher of THE OCONEE ENTERPRISE a newspaper publisher at Watkinsville, Ga. County of OCONEE STATE OF GEORGIA who being duly sworn, states on oath that the report of Public Notice of Home
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Rule Act of 1965-Proposed Amendment a true and correct copy of which is hereto annexed, was published in said newpaper in its issue of the 14TH, 21ST, 28TH day of AUGUST 1986. /s/ Vinnie Williams, Publisher Sworn to and subscribed before me this 29th day of August, 1986. /s/ Dianne B. Healan Notary Public, Georgia, State At Large My Commission Expires: June 13, 1988 (SEAL) STATE OF GEORGIA COUNTY OF OCONEE ORDINANCE WHEREAS, it is the desire of Town of Bogart, Georgia, to establish and increase the salary of the Mayor and Council members of said Town to be more in line with current values and time required; and WHEREAS, the said salaries may vary from the Charter of the Town of Bogart in material aspects; and WHEREAS, the Town of Bogart may amend its Charter pursuant to the Municipal Home Rules Act of 1965, as amended, Acts of 1965 pp. to 98, et seq., and WHEREAS, the requirements for notice, public access and action of the governing body concerning this Ordinance at two consecutive regular meetings of the governing body have been complied with pursuant to Official Code of Georgia Annotated Section 36-35-3; NOW, THEREFORE, be it hereby enacted the following ordinance, to-wit:
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Section One This Ordinance shall be known as: An Ordinance To Amend The Charter Of The Town Of Bogart to Establish and Provide for Certain Increases of the Salary of the Mayor and Council. Section Two The Charter of Town of Bogart, Acts of 1905 p. 670, et seq., as amended, is hereby amended by the Section 15, Acts 1905 p. 670 at p. 674, and replacing it with the following: Be it further enacted, The Mayor of said Town shall have the right to vote on all questions coming before said Mayor and Council, and also the right to vote in the election of officers of the Town of Bogart. The salary of the Mayor of said Town shall be fixed by the Mayor and Council immediately after the inauguration of each newly elected Mayor of said Town, and shall not exceed Twelve Hundred Dollars ($1200.00) per annum. The salary of Councilmen shall be fixed by the Mayor and Council after the inauguration of new Councilmen each year, and shall not exceed the sum of Six Hundred Dollars ($600.00). The salary of the Pro-Tem Mayor of said Town shall be fixed by the Mayor and Council immediately after the appointing of each newly elected Pro-Tem Mayor of said Town and shall not exceed Nine Hundred Dollars ($900.00) per annum. The salary of the Mayor, Pro-Tem Mayor, and Councilmen shall be divided by twelve (12) in order to establish a salary on a monthly basis (not to exceed in aggregate said sum per annum), and each shall be paid the fixed amount on the twenty-fifth day of each month, not to exceed twelve (12) calendar months each year. Section Three Any ordinance or portion of any ordinance in conflict with the above is hereby repealed. Section Four This ordinance shall be effective on the 1st day of January 1987,
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and after compliance with Acts 1965 p. 298 at p. 304. This 28th day of October, 1986. /s/ B. C. Hogan, B. C. Hogan, Mayor /s/ E. H. Christian E. H. Christian, Councilman /s/ David T. Nunn David T. Nunn, Councilman /s/ Roy F. Norris Roy F. Norris, Councilman /s/ Jack T. Irvin Jack T. Irvin, Councilman Attest: /s/ Teresa D. M. Craft Teresa D. M. Craft Clerk of Council PUBLIC NOTICE The Mayor and Council of the City of Bogart, Ga. have before them for consideration an increase in the salary compensation of the Mayor, Mayor Pro-Tem, and Council Members. A meeting will be held on October 28, 1986 at 7:00 P.M. at City Hall Bogart, Ga. PN: 10/16,23 PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF OCONEE Personally appeared before the undersigned, a notary public within and for said county and State; Co-publisher of THE OCONEE ENTERPRISE a newspaper publisher at Watkinsville, Ga.
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County of Oconee STATE OF GEORGIA who being duly sworn, states on oath that the report of PUBLIC NOTICE: CALLED MEETING OF THE BOGART MAYOR COUNCIL ON OCTOBER 28, 1986 a true and correct copy of which is hereto annexed, was published in said newspaper in its issue of the 16th, 23rd day of OCTOBER 1986. /s/ Vinnie Williams, Publisher Sworn to and subscribed before me this 13th day of Nov., 1986. /s/ Dianne B. Healan Notary Public, Georgia, State at Large My Commission Expires: June 13, 1988 (SEAL) The Bogart Mayor and Council will consider to increase salary compensation of the Mayor, Mayor Pro-Tem, and Council Members. Such intent action will take place in a called meeting on October 23, 1986, at 7:00 P.M. at Bogart City Hall. PN: 10/9-23/86 PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF CLARKE Personally appeared before the undersigned, a notary public within and for said county and State; Co-publisher of the ATHENS BANNER HERALD and THE DAILY NEWS a newspaper publisher at ATHENS, GEORGIA County of CLARKE STATE OF GEORGIA who being duly sworn, states on oath that the report of A PUBLIC NOTICE: CALLED SESSION OF THE BOGART MAYOR AND COUNCIL: OCTOBER 28TH 1986 a true and correct copy of which is hereto annexed, was published in said newpaper in its issue of the 9th thru the 23rd day of October (three consecutive weeks) 1986. /s/ A. Mark Smith, Publisher
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Sworn to and subscribed before me this 13th day of November, 1986. /s/ Margaret S. Beard Notary Public, Georgia, State at Large My Commission Expires: Mar. 10, 1989 (SEAL) Filed in the Office of the Secretary of State November 21, 1986. CITY OF NEWNAN WATER, SEWERAGE, AND LIGHT COMMISSIONERS; TERM OF OFFICE. AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF NEWNAN BY AMENDING ARTICLE IX. WATER, SEWERAGE AND LIGHT COMMISSIONERS, SECTION 9-1, SO AS TO CHANGE THE TERM OF OFFICE OF THE WATER, SEWERAGE AND LIGHT COMMISSIONERS AND FOR OTHER PURPOSES. BE IT ORDAINED and it is hereby ordained by the Mayor and Board of Aldermen of the City of Newnan and Georgia Code Section 69-1017(O.C.G.A. 36-35-3; Ga. Laws 1965, Pages 298 et seq.; Ga. Laws 1966, Page 296 et seq.; Ga. Laws 1976, Page 1429 et seq.) that Section 9-1 of the Charter of the City of Newnan be and is hereby repealed in its entirety and a new Section 9-1 is hereby added to the Charter of the City of Newnan to read as follows: Sec. 9-1. Number, Selection, Term, Vacancies. The Mayor and Board of Aldermen of the City of Newnan shall elect three Water, Sewerage and Light Commissioners. The term of office of the Commissioners so elected under this Section shall be for a term of three years; provided however that vacancies caused by death, resignation or removal shall be filled by said Mayor and Board of Aldermen for the unexpired term of Commissioners withdrawing. The two current Commissioners whose terms expire with the date of the first
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meeting of the Mayor and Board of Aldermen in October, 1988, and October, 1990, shall continue to serve until the expiration of their current terms respectively at which time the terms of office of the successor Commissioners shall be as provided herein. BE IT FURTHER ORDAINED, that all Charter provisions in conflict herewith are hereby repealed. BE IT FURTHER ORDAINED, that the effective date of this Ordinance Amending the Charter of the City of Newnan be December 15, 1986. Adopted in open session for the first time by the Mayor of Aldermen of the City of Newnan, this 24th day of November, 1986. /s/ Clifford B. Glover MAYOR /s/ Alvin E. Johnston Billy A. Abraham S. Pope Jones, Jr. Willie Lynch, Sr. Daniel D. Sanders BOARD OF ALDERMEN /s/ Peggy Dewberry CITY CLERK Reviewed: /s/ Richard A. Bolin CITY MANAGER /s/ C. Bradford Sears, Jr. CITY ATTORNEY Adopted in open session for the second time by the Mayor and Board of Aldermen of the City of Newnan, this 8th day of December, 1986. /s/ Clifford B. Glover MAYOR
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/s/ Alvin E. Johnston Billy A. Abraham S. Pope Jones, Jr. John P. Goodrum, Jr. Daniel D. Sanders Willie Lynch, Sr. BOARD OF ALDERMEN /s/ Peggy Dewberry CITY CLERK Reviewed: /s/ Richard A. Bolin CITY MANAGER /s/ C. Bradford Sears, Jr. CITY ATTORNEY I hereby certify that the foregoing is a true and exact copy of the Ordinance that was passed in open session of the Mayor and Board of Aldermen for the first time on 24th day of November, 1986 and for the second time on the 8th day of December, 1986. /s/ Peggy Dewberry City Clerk GEORGIA COWETA COUNTY Personally appeared before the undersigned officer authorized to administer oaths, W. W. Thomasson, who, after being duly sworn on oath, deposes and states that he is the publisher of the Newnan Times-Herald, which is the official organ of Coweta County, and that the following notice to amend the Charter of the City of Newnan was published in the Newnan Times-Herald on the following dates: November 20, 1986; November 26, 1986; and December 4, 1986. Notice is hereby given that a proposed amendment to the City Charter of Newnan will be considered by the Mayor and Board of Aldermen of the City of Newnan, which will amend the Charter of the City of Newnan and amend ARTICLE IX. Water, Sewerage and Light Commissioners Sec. 9-1 so as to provide for a change in the term of Office of the Commissioners.
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A copy of said proposed amendment is on file in the Office of the Clerk of the City of Newnan and in the Office of the Clerk of Superior Court of Coweta County for the purposes of examination and inspection by the public. The Clerk of the City of Newnan will furnish to anyone, upon written request, a copy of the proposed amendment. /s/ William W. Thomasson Sworn to and subscribed before me this the 9th day of December, 1986. /s/ Ella Parks MacNabb Notary Public My Commission Expires: November 1989 NOTICE Notice is hereby given that a proposed amendment to the City Charter of Newnan will be considered by the Mayor and Board of Aldermen of the City of Newnan, which will amend the Charter of the City of Newnan and amend ARTICLE IX. Water, Sewerage and Light Commissioners Sec. 9-1 so as to provide for a change in the term of Office of the Commissioners. A copy of said proposed amendment is on file in the Office of the Clerk of the City of Newnan and in the Office of the Clerk of Superior Court of Coweta County for the purposes of examination and inspection by the public. The Clerk of the City of Newnan will furnish to anyone, upon written request, a copy of the proposed amendment. This 20th day of November, 1986. /s/ C. Bradford Sears, Jr. City Attorney /s/ Richard A. Bolin City Manager Filed in the Office of the Secretary of State December 15, 1986.