Local and special acts and resolutions of the General Assembly of the state of Georgia 1999 volume 2, book 2

LOCAL AND SPECIAL ACTS AND RFSOLUl10NS
OF1'HE
GENERAL ASSEMBLY
OFTHE
STATE OF GEORGIA
1999
COMPILED AND PuBLISHED BY AUTHORITY OF THE STATE
Volume Two Book Two

4356 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COBB COCNTY - BOARD OF EDUCATION; DISTRICTS; ELECTIONS.
No. 183 (House Bill :'.\io. 866).
AN ACT
To amend an Act changing the boundaries of the seYen education districts of the Cobb County School District, approYed March 28, 1974 (Ga. L. 1974, p. 3516), as amended, so as to change the boundaries of the seYen education districts for the election of members of the Board of Education of Cobb County; to proYide for definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approYal; to pro,ide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act changing the boundaries of the seYen education districts of the Cobb County School District, approYed March 28, 1974 (Ga. L. 1974, p. 3516), as amended, is amended by striking subsection (a) of Section 2 of said Act and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) For the purpose of electing members of the Board of Education of Cobb County, the Cobb County School District is diYided into seYen education districts as set forth in the description attached to this Act and made a part hereof and further identified as 'Operator: local Client: cobb Plan: cobbsb98b.'
(b) For purposes of this subsection:
(1) The terms Tract,' 'Block,' and '\'TD' shall mean and describe the same geographical boundaries as proYided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'precinct' is synonymous with the term \oting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors rnte at one polling place;
(3) Precinct names and designations following VTD designations are included for conYenience only; and in the eYent the description of any education district contains a conflict between the geographical boundaries of any \'TD and the boundaries of the following named precinct, the geographical boundary of the \'TD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;

GEORGI.-\ L-\\\'S 1999 SESSIO~

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(-1) .-\.ny part of the Cobb County School District ,,hich is not included in a1w education district described in this section shall be included withi1; that education district contiguous to such part which contains the least population according to the Cnited States decennial census of 1990 for the State of Georgia; and
(5) Any part of the Cobb County School District which is described in this section as being included in a particular education district shall neYertheless not be included ,rithin such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the Cnited States decennial census of 1990 for the State of Georgia."
SECTION 2.
This .-\ct shall become effectiYe upon its approYal by the GoYernor or upon its becoming law without such apprmal. Pursuant to Section 5 of the federal \'oting Rights .-\ct of 1965, as amended, it shall be the duty of the attorney. of the Cobb CountY. Board of Education to submit this .-\ct to the Cnited States Attorney General for apprnYal.
SECTION 3.
.-\II la,rs and parts of laws in conflict with this .-\ct are repealed.

Operator: local

Client: cobb

Plan: cobbsb98b

District ~o. 1 COBB Tract: 0301.98 Tract: 0302.03 Tract: 0302.0-1 Block: 101, 102, 103, HM, 105, 106, 107, 108 That part of Block 201 which lies outside the corporate limits of Kennesaw as they existed on January 1, 1998 Block: 202, 203, 20-1, 205, 206.-\, 206B, 206C, 207, 208, 209, 210 That part of Block 211 B "~hich lies outside the corporate limits of Kennesa" as they existed on January I, 1998 Block: 212, 312, 313.-\, 313B, 313C, 314.-\, 31-!B, 315, 316 Tract: 0302.06 Block Group: 1 Block: 201 D, 20-1, 205. 206, 207B. 207C, 207D, 208, 209 Block Group: 3 Block Group: 6 Block: 70-1, 705, 706, 707, 708, 709, 710 Tract: 0302.07 Block Group: 5

4358 LOCAL ~'\/D SPECIAL .-\CTS ,-\..1\JD RESOLCTIO!\:S, \'OL. II
Block Group: 6 Block: 707,708,709,710,711,712,713,714,715,804,805,806, 807,808,809,810,811,812,813,814,815,816,817,818,819, 820,821,822,825,826 Block Group: 9 Tract: 0314.03 Block: 101, 102, 103, 104, 105 Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0315.02 Block Group: 1 Tract: 0316.98
District '.\:o. 2 COBB Tract: 0303.21 Block: 206, 207, 208, 210, 211, 212, 404.-\, 404B, 405A, 405B, 406A, 406B, 407, 408A, 408B, 409, 410, 411, 412, 413 Block Group: 5 Block Group: 6 Block Group: 9 Tract: 0310.01 Block: 210, 216C, 216D, 228B, 910C, 910D, 925.-\, 926 Tract: 0310.02 Block: 120A Tract: 0310.03 Block: 110.-\, 112.-\, 113.-\ Tract: 0311.01 Tract: 0311.03 Tract: 0311.05 Block: 101, 102, 103, 104, 105.-\, 106, 107.-\, 107B, 108, 109, 110, 111,115, 116A, 116B, 116C, 119,120,121,122,123, 124.-\, 125, 126A, 128A, 130A, 135.-\, 135B, 136.-\, 136B, 137.-\, 137B, 138, 139.-\, 139B, 609A Tract: 0311.07 Block Group: 2 Block: 301,302,303,304,305, 306A, 306B. 306C,306D, 306. 307.-\, 307B, 308, 309.-\, 309B, 310. 311, 312, 313, 314, 315A, 316, 317A, 317B, 317C, 318.-\, 318B, 318C, 319, 320. 321A, 321B,322, 323A,323B,324,325,326,327,328,329,330,401.-\, 409B, 412, 416.-\, 418.-\, 421A Tract: 0311.08 Block Group: 1 Block: 201.-\, 201B, 202A, 203. 204.A, 204B, 204C, 204D, 205.-\, 205B,206,207,208,209A,210,211,212,213,214,215.-\,215B, 303A, 304,308, 310.-\, 313A, 314.-\, 314B, 315,319, 320A, 321.-\,

GEORGIA L-\WS 1999 SESSIO~

4359

-101.-\, 401B, -!0IC. 401D. 401. 402, 403, 404.-\, 405A, 405B, 40~ -107,408, 409A. 409B, 410. 411A. 411B, 411C. 411D,412 Tract: 0311.09 Block: 101B. I0IC, 102. 103. 104.-\. 104B, 10-!C, 105A, 105B, 106. 107. 108. 109. 110. 111. 112. 113. 114, 115.-\, 115B, 116, 117.-\. 117B. 118. 119. 120. 503B Tract: 0312.02 Tract: 0312.03 Tract: 0312.0-1 Tract: 0313.01 Block: I0IB, 155A, 155B. 155C, 156, 234. 235, 401, 402, 403, 404. 407,423, -150. 451 Block Group: 9 Tract: 0313.02 Block Group: 4 Block Group: 5
District ~o. 3 COBB Tract: 0313.01 Block: 101.-\, 102, 103, 104, 105, 106. 107, 108, 109, 110, 111. 112. 113,114,115,116,117,118,119.201. 202,203,204,205, 211,212.213, 219. 220,221.222, 223,224.225, 226,227,228, 229, 231 Block Group: 3 Tract: 0313.02 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 9 Tract: 0313.04 Tract: 0313.05 Tract: 0314.03 Block: 106. 107, 108. 109. 110, 111. 112, 113, 114 Block Group: 5 Block Group: 6 Tract: 0314.04 Tract: 0314.98 Tract: 0315.01 Tract: 0315.02 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: S Block Group: 6 Block Group: 7 Block Group: 8

-1360 LOCAL .-\..'-:D SPECIAL ACTS .-\..'-iD RESOLLTIO~S. \'OL. II
Block Group: 9 Tract: 0316.97
District :\'o. -l COBB Tract: 0302.0-l Block: 109, 110, 111, 112 That part of Block 201 which lies within the corporate limits of Kennesaw as they existed on January 1, 1998 Block: 21 U That part of Block 21 lB which lies within the corporate limits of Kennesaw as they existed on January 1. 1998 Block: 301,302.303, 304,305,306,307,308,309,310,311,317, 318,319 Block Group: -l Block Group: 5 Tract: 0302.05 Tract: 0302.06 Block: 201.-\, 2018, 201C, 202, 203, 207A, 210. 21 lA, 21 lB, 211C, 211D, 211E, 212,213, 21-l.A, 21-lB, 21-lC, 215,216,217, 218,219,220,221,222,223, 22-l. 225,226,227.228, 229,230, 231.-\, 2318, 232, 233.A, 233B, 234.-\, 23-lB, 235, 236. 237.-\. 237B, 238,239, 2-10, 241, 2-12, 701,702,703 Tract: 0302.07 Block: 101.-\, 1018, 101C. 101D, l0lE. 102, 103A, 103B, 103C. 103D. 104A, 10-lB, 105, 106, 107, 108B, 109, 110, 111. 112. 113E. 11-lB, l 15C, 115D Block Group: 2 Block: 701,702,703, 70-l, 705, 706,801C,802B,803,823B,824 Tract: 0303.07 Block: 203,204,205, 20~ 207,208,216,217 Block Group: 3 Tract: 0303.10 Tract: 0303.11 Tract: 0303.12 Tract: 0303.13 Tract: 0303.1-l Block: 104. 105,111,112,113,114,115,116,117.118 Block Group: 2 Tract: 0305.01 Block Group: 5 Block: 703, 704, 705, 706, 707, 708, 709, 710C, 71 lB, 713, 71-l, 715, 716, 9018, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909 Tract: 0305.02 Block: 601C Tract: 0305.03 Block: 108B

GEORGIA L\WS 1999 SESSION

4361

Tract: 0306. Block: 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 108B, 109B, 109C, l lOC, 113B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 128B, 132B, 132C, 201B, 202, 203, 217, 308B, 308C. 325B, 405C, 417B, 419B, 420B, 421B, 422B. 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424~. -12:'lB, 425C, 501C, 501D, 501E, 502B, 506B, 601, 602, 603, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 708G, 709, 710, 71 IB, 71 lC, 711D, 712, 713B, 901C, 901D, 902B,902C, 902D,902E,917E
Tract: 0307. Block: l 18C
District No. 5 COBB Tract: 0303.02 Tract: 0303.07 Block Group: 1 Block: 201,202,209,210,211,212,213,214,215 Tract: 0303.09 Tract: 0303.14 Block: 101, 102, 103, 106, 107, 108, 109, 110 Block Group: 3 Tract: 0303.15 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block: 802,803,807,808,809,810,811,812 Tract: 0303.16 Block Group: 1 Block Group: 2 Tract: 0303.17 Block: 201,202,203,204,205 Tract: 0305.01 Block Group: 1 Block Group: 2 Block: 301B, 302,303,304,305, 306,307B,308B,309, 310,311 Block Group: 4 Block: 601B, 601C, 601D, 601E, 602F, 602G. 6021-1, 602J, 602K, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 701B, 702, 710B, 711C, 717B, 718B Block Group: 8 Tract: 0305.02 Block: 101, 102, 103, 104, 1.05, 106, 107, 108, 109, 110, 111, 112C, 113, 114C, 115,116, 201B, 201C, 201D, 201E, 202C, 203,

4362 LOCAL AND SPECIAL ACTS A.1'/D RESOLCTIONS, VOL. II
204,205,206,207,301, 302B, 303C, 303D, 303, 304B, 305C, 305D, 305, 306,307,308,309,310, 316B, 317B, 317C, 318B, 319 Block Group: 4 Block: 607B Tract: 0305.03 Block: 208B, 302C, 307C, 308B, 309C, 309D, 310,311,312,313, 314B,315C,316B,318B,411B,411C,411D,412B,413B,419B, 419C
District '.\io. 6 COBB Tract: 0303.15 Block: 801,804,805,806 Tract: 0303.16 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Block Group: 9 Tract: 0303.17 Block Group: 1 Block: 206,207,208,209,210,211,212,213,214,215 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0303.18 Tract: 0303.19 Tract: 0303.20 Tract: 0304.01 Block Group: 1 Block Group: 2 Block,901B,902,903,904,905,906B,907B,908,909,910,911, 912,913,914,915,916,917,918,919B,920B,920C,920D,920E Tract: 0304.02 Block Group: 1 Block Group: 9 Tract: 0305.02 Block: 112B Tract: 0305.03 Block:301,302B,302D,303,304,305,306,401,402B,404,405, 40613

GEORGIA LAWS 1999 SESSION

4363

District No. 7 COBB Tract: 0303.21 Block: 201,202,203,204,205,209,301, 302B, 303,304,305, 306,307,308,309,310,311,401,402B,402C,403B,403C,403D Tract: 0304.02 Block Group: 2 Block Group: 3 Block: 601B,602, 603,604B, 605,606,608,609,611 , 613,614, 615B, 649, 650 Tract: 0304.04 Block: lOlE, 102B, 103B, 104, 105, 3018, 401C, 401D, 401E, 503B, 504, 601B, 603B Tract: 0304.05 Block: 203B, 205B Block Group: 3 Block: 401C, 401D, 401E, 402B, 403, 404, 405, 406B, 407A, 407C, 407D, 407E, 407F, 407G, 409 Block Group: 5 Block: 6018, 601C, 602B, 603C, 7018, 702, 703, 704B Block Group: 9 Tract: 0304.06 Block: lOlC, 101D, lOlE, lOIF, 101G, 102B, 3018, 301C, 401C, 401D, 401E, 401F, 402B, 501D, 601, 602C, 602D, 603, 7018, 702,703, 801B, 801C Tract: 0305.03 Block:201,202B,203,204,205B,205C,206,501B,502C,503B, 503C, 504,505,506,507,508 Tract: 0308. Block: 206B, 208, 209C, 209D, 215B, 312B, 312C, 318B Tract: 0309.01 Block: 1018, 3018, 301C, 4018, 401C, 501B, 502, 503, 601E, 601F, 601G, 601H, 601J, 601K, 601L, 601M, 603B, 604B, 7018, 701C, 701D, 703B Tract: 0309.02 Block: 123A, 201, 202A,.,203A, 204, 205, 206A, 207A, 208, 209, 210, 211, 212, 213 Block Group: 3 Block: 402B, 402C, 402D, 701B, 701C Tract: 0309.03 Block: 101D, 102, 201B, 202B, 202C, 202D, 302B, 302C, 302D, 302E, 302F, 305,306, 401B, 401C, 401D, 403,404,405,406,407, 501B,501C, 501D, 502,503,504,505,506,507 Block Group: 6 Block Group: 7 Block Group: 8 Tract: 0310.01

4364 LOCAL AND SPECIAL ACTS .-\i"\!D RESOLUTIONS, VOL. II
Block Group: I Block:201,202,203,204,205,206,207,208,209,212,213,214, 216A, 216B, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 229,230,231,901,902,903,904,905,906, 907A, 907B, 908B, 909A, 909B, 910E, 910F, 910G, 910H, 910], 910K, 910L, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B, 925C Tract: 0310.02 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 115, 116, 117, 118, 119, 120B, 120C, 122, 123, 124, 201, 202,203,204,205,206,207,208, 209A, 210C, Block:211,212,213B,213C,213D,214,215,216,217,218,219, 220,221,222, 224A, 224C, 225B, 226,227,228 Tract: 0310.03 Block: 102, 103, 104, 105, 107, 108, 109, ll0B, 111, 112B, 113B Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Tract: 0311.05 Block: 105B, 112, 113, 114, 116D, 116E, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130B, 130C, 131, 132, 134, 135C, 136C, 139C,601,602,603,604,605,606,607,608,609B, 610,611,612,613,614,615,616,617,618,619,620,621,622, 623,624,625,627 Tract: 0311.06 Tract: 0311.07 Block: 315B, 401B, 402, 403, 404, 405, 406, 407, 408, 409A, 409C,409D,410,411,413,414,415,416B,417,418B,419,420, 421B, 422 Tract: 0311.08 Block: 202B, 209B, 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313B, 313C, 316, 317, 318, 320B, 321B, 322, 404B, 405C Tract: 0313.01 Block:206,207,208,209,210,214,215,216,217,218,233,405, 406,408,409, 410,411,412,413,414,415,416,417,418,419, 420,421,422
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a bill to amend an Act relating

GEORGIA L-\\\'S 1999 SESSIO:'\

-1365

to the Board of Education of Cobb County, apprmed :\larch 28, 1974 (Ga. L. 1974, p. 3516), as amended; to proYide for related matters; and for other purposes.
This the 8th day ofJanuary, 1999.
Cobb County Delegation: By State Rep. Randy Sauder, Secretary
GEORGL-\, FCLTO:'\ COC~TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kem Shipp, who on oath deposes and says that he is the RepresentatiYe from the 38th District and further deposes and says as follows:
(1) That the attached :'\otice of Intention to Introduce Local Legislation was published in the ~arietta Daily Journal which is the official organ of Cobb County on the following date: January 8, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the gmerning authority of any county, municipality, or consolidated goYernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.
.:L. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act.of a county or consolidated goYernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was prmided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ KEM SHIPP
RepresentatiYe, 38th District
Sworn to and subscribed before me, this 23rd day of February, 1999.

4366 LOCAL ..\.'\iD SPECL--\L ACTS ..\.'\D RESOLL'TIO:'\S, \'OL. II
s/ TERESA ..\DKl'.\iS '.\iotary Public, Clayton County, Georgia Yly Commission Expires Jan. 5, 200 I (SE.--\L)
.-\.pproYed April 16, 1999.
CITY OF KE'.\i'.\iESA\\' - CORPOR-\TE LI\-IITS.
:'\o. 184 (House Bill :'\o. 867) .
..\.'Ii .-\CT
To amend an Act creating a new charter for the City of Kennesaw, approYed April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the proYisions relating to the corporate limits of said citY; to repeal conflicting laws; and for other purposes.
BE IT E:'\ACTED BY THE GE:'\ER--\L ASSE\-IBLY OF GEORGI.-\:
SECTION 1.
An Act creating a new charter for the City of Kennesaw, apprmed April 10, 1971 (Ga. L. 1971, p. 3620), as amended, is amended by adding ar the end of Section 1.02 the following:
"The corporate limits of the City of Kennesaw shall also include the following described parcels of land:
.-\11 that tract or parcel of land lying and being in Land Lot 206, 20th District, 2nd Section, Cobb County, Georgia, and being more particularh described as follows:
BEGl:'\'.'111!\G at a point on the west side of Old L'. S. Highway 41 (60 foot right of way) (.-\KA Dixie Highway and the Old CassYille Road), said point being 146.0 feet south of the intersection of the west side of said road and a cuhert oYer a tributan- of :'\oondaY Creek; thence tra,eling along said road south 02 deg1:ees 57 mim.1tes 48 seconds east 212.31 feet to a point; thence lea,ing said road south 87 degrees 09 minutes 31 seconds west 236.10 feet to a point; thence north 06 degrees 50 minutes 37 seconds west 209.06 feet to a point; thence north 86 degrees 17 minutes 53 seconds east 257.27 feet to the point of beginning. Said tract containing 1.175 acres.
All that tract or parcel of land lying and being in Land Lot 26 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
BEGl'.'11'.\ilNG at a point at the southeastern corner of Land Lot 26; thence north 87 degrees 02 minutes 10 seconds west a distance of 572.8 feet to an iron pin at the southeastern right of way of Cecil

GEORGIA L-\WS 1999 SESSION

436i

Lake Road; thence northeasterly along said road's right of way, and following its curYature, a distance of 523.4i feet to an iron pin on the southeastern right of way of Hickory GroYe Road; thence northeasterly along said Hickory GroYe Road's right of way a distance of 383.28 feet to an iron pin on the southwestern right of way of Baker Road; thence south 51 degrees 51 minutes 40 seconds east along said Baker Road's right of way a distance of 122.ii feet to an iron pin on the eastern boundary of said Land Lot 26; thence south 02 degrees 56 minutes west along the eastern boundary of said Land Lot 26 a distance of 58i.89 feet to the iron pin at the southeastern corer of said Land Lot and the Point of Beginning; this being an unimproYed tract containing 6.6 acres according to that
sur,ey for J. G. Baker dated March 8, 1984 by Raymond C. Knight,
Georgia Registered and Sun-eyor.
All that tract of land lying in Land Lots 62 and 63, 20th District, 2nd Section, Cobb County, Georgia and more particularly described as follows:
Commencing at a point, said point being on the existing northern right of way ofJiles Road (Yariable right of way), and also being the said POI:'1/T OF BEGIN:'1/ING, thence continuing along said right of way north 89 degrees 52 minutes 5i seconds west 1008.82 feet to a point; thence departing from said right of way and continuing north 40 degrees 26 minutes 43 seconds west 31.66 feet to a point, said point being on the existing eastern right of way of Jiles Road (50 foot right of way); thence continuing along said right of way along a cun-e to the left with a chord bearing of north 2i degrees 25 minutes 21 seconds east with a distance of 103.80 feet, said cune haYing a radius of 1i5.0 feet an arc distance of 105.38 feet, to a point; thence continuing along said right of way north 45 degrees 2i minutes 56 seconds east 258.48 feet to a point; thence continuing along said right of way along a curYe to the right with a chord bearing of north 33 degrees Oi minutes 49 seconds east with a distance of 96.13 feet, said cun-e haYing a radius of 225.0 feet and an arc distance of 96.88 feet, to a point; thence continuing along said right of way north 20 degrees 4i minutes 42 seconds east, 865.66 feet to a point; thence continuing along said right of way along a cune to the left with a chord bearing of north 41 degrees 54 minutes 31 seconds east with a distance of 65.i4 feet, said curYe haYing a radius of 92.38 feet and an arc distance of 67.22 feet to a point; thence continuing along said right of way, along a curYe to the left with a chord bearing of south 82 degrees 16 minutes 43 seconds east, with a distance of 18i.22 feet, said cun-e haYing a radius of 213. 75 feet and an arc distance of 193.i9 feet, to a point; thence continuing along said right of way south 56 degrees 20 minutes 15 seconds east, with a distance of 395.31 feet to a point; thence departing from said right of way and continuing south 36

-!368 LOCAL A:\'D SPECIAL ACTS .-\..'\D RESOLCTIO:\'S, \'OL. II
degrees 32 minutes 01 seconds east, 27.62 feet to a point, said point being on the existing \\Tstern right ofwaY oL\loon Station Road (60 foot right of way); thence continuing along said right of way south 11 degrees 02 minutes 28 seconds west. 31.17 feet to a point; thence continuing along said right of \\a, south 04 degrees 22 minutes 57 seconds west, 257.53 feet to a point; thence continuing along said right of ,my south 07 degrees 16 minutes 26 seconds west, -!27.-!6 feet to a point; thence continuing along said right of ,ray south 08 degrees 09 minutes '52 seconds west, 137.21 feet to a point; thence continuing along said right of way south 06 degrees 08 minutes -!3 seconds west, 98.26 feet to a point; thence departing from said right of way and continuing south -!'5 degrees -!9 minutes -!8 seconds west, 38.61 feet to a point, said point being the POI~T OF BEGl:\':\'l'.\'G, and the said tract containing 20.905 acres.
ALL that tract or parcel of land lying and being in Land Lot 26 of the 20th District, 2nd Section. Cobb County, Georgia, and being 5.203 acres designated as Tract Two on that certain plat of sttrW\' elated April 30, 1997, for Attic \1 Self Storage, L.L.C.. by Paul Lee Consulting Engineering Associates, Inc., \fark G. Lee, Georgia Registered Land SurYeyor :\'o. 2'522, and being more particularly described as follows:
BEGl:\":\'l:\'G at a 3/ 4" crimp top pipe found at the common comer of Land Lots 25, 26, 51, and 52, said district and section; thence running north 87 degrees 02 minutes 10 seconds ,rest as measured along the southerly land lot line of Land Lot 26, said district and section, for a distance of 572.80 feet to an iron pin located on the southeasterh' right of way of Cecil Lake Road (hming a 50 foot right of way); thence running in a northeasterly direction as measured along the southeasterly right of way of Cecil Lake Road, the follm\"ing courses and distances: north 41 degrees 25 minutes 31 seconds east for a distance of 35.67 feet to a point; along the arc of a curYe, an arc distance of 74.98 feet (said arc being subtended by a chord bearing north 29 degrees 42 minutes 00 seconds east, a chord distance of 74.77 feet, and haYing a radius of 292.50 feet) to a point; north 12 degrees 02 minutes 40 seconds east, for a distance of 183.21 feet to a point; north 12 degrees 20 minutes 20 seconds east for a distance of 229.82 feet to an iron pin located at the intersection of the southeasterly right of way of Cecil Lake Road with the southeasterly right of way of Hickory GroYe Road (haying a 50 foot right of way); thence running north 69 degrees 36 minutes 10 seconds east as measured along the southeasterly right of way of Hickory GroYe Road for a distance of 162.64 feet to an iron pin and comer; thence running south 02 degrees 57 minutes 50 seconds west for a distance of 153.70 feet to an iron pin and comer; thence running, south 87 degrees 02 minutes 10 seconds east for a distance of 300.41 feet to an iron pin located on the easterly land lot line of Land Lot 26, said district and section; thence running south 02

GEORGIA L\WS 1999 SESSION

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degrees 56 minutes 00 second west as measured along the easterly land lot line of Land Lot 26, said district and section, for a distance of 413.46 feet to the point of BEGINNING.
All that tract or parcel of land lying and being in land Lot 25 of the 20th District, 2nd Section, Cobb County, Georgia, as shown on plats of survey recorded in Plat Book 39, Page 24, Cobb County, Georgia records, and in Plat Book 45, Page 38, Cobb County, Garage records, said plat being incorporated herein for a more complete description of said property. This being the same property conveyed to Manin Dean Franklin aka Marvin Franklin, Herbert Lee Franklin aka Herbert Franklin, and Carol Franklin New, aka Carol New, by Deeds of Assent recorded in Deed Book 5842, Page 68, Cobb county, Georgia records and in Deed Book 5842, Page 61, Cobb County, Georgia records.
All that tract or parcel of land lying and being in Land Lot 26 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at an iron pin at the southeastern corner of Land Lot 26; thence North 87 degrees 02 minutes 10 seconds West a distance of 572.8 feet to an iron pin at the southeastern right-of-way of Cecil Lake Road; thence northeasterly along said Road's right-ofway, and following its curvature, a distance of 523.47 feet to an iron pin on the southeastern right-of-way of Hickory Grove Road; thence northeasterly along said Hickory Grme Road's right-of-way a distance of 383.28 feet to an iron pin on the southwestern right-of-way of Baker Road; thence South 51 degrees 51 minutes 40 seconds East along said Baker Road's right-of-way a distance of 122.77 feet to an iron pin on the eastern boundary of said Land Lot 26; thence South 02 degrees 56 minutes West along the eastern boundary of said Land Lot 26 a distance of 587.89 feet to the iron pin at the southeastern corner of said Land Lot and the POINT OF BEGINNING; this being an unimproved tract containing 6.6 acres accord-
ing to that survey for J. G. Baker dated March 8, 1984, by Raymond
C. Knight, Georgia Register~d Land Surveyor.
All that tract or parcel of land lying and being in Land Lots 178 and 179 of the 20th District, 2nd Section, Cobb County, Georgia, as shown on that Boundary Survey for Doekes Gunning prepared by Centerline Surveying Systems, Inc., bearing the seal of Charles C. Franklin, Georgia Registered Land Surveyor No. 2143, dated August 18, 1998, being more particularly described as follows:
BEGIN at an iron pin found on the southern right-of-way of Ellis Road (50 foot right-of way) 1300.02 feet as measured along said southern right-of-way from the intersection of the western line of Land Lot 179 and said southern right-of-way line of Ellis Road; thence in an easterly direction along the southern right-of-way of

4370 LOCAL AND SPECIAL ACTS A.1\/D RESOLCTIONS, VOL. II
Ellis Road along an arc of a etirYe to the left an arc distance of 125.90 feet (said arc being subtended by a chord haYing a bearing of north 88 degrees 05 minutes 27 seconds east, a radius of 2584.16 feet and a length of 125.88 feet) to a point; continuing along said southern right-of-way, thence north 85 degrees 42 minutes 03 seconds east a distance of 87.51 feet to a point; continuing in an easterly direction along said southern right-of-way along an arc of a curYe to the right an arc distance of 255.75 feet (said arc being subtended by a chord haYing a bearing of north 88 degrees 17 minutes 31 seconds east, a radius of 1892.54 feet, and a length of 255.56 feet) to a point; continuing in an easterly direction along said southern right-of-way along a arc of a cune to the right an arc distance of 181.67 feet (said arc being subtended by a chord haYing a bearing of south 79 degrees 45 minutes 55 seconds east, a radius of 551.23 feet, and a length of 180.84 feet) to a point; continuing in an easterly direction along said southern right-of-way along an arc of a cune to the left an arc distance of 187.20 feet (said arc being subtended by a chord haYing a bearing of south 84 degrees 28 minutes 11 seconds east, a radius of 385.23 feet, and a length of 185.36 feet) to a point; continuing in an easterly direction along said southern right-of-way, thence north 83 degrees 47 minutes 30 seconds east a distance of 83.85 feet to a point; continuing in an easterly direction along said southern right-of-way along an arc of a curYe to the right an arc distance of 166.35 feet (said arc being subtended by a chord haYing a bearing of north 87 degrees 28 minutes 20 seconds east, a radius of 1398.90 feet, and a length _of 166.25 feet) to a point; continuing in an easterly direction along said southern right-of-way, thence south 89 degrees 48 minutes 06 seconds east a distance of 87.80 feet to a point, continuing in an easterly direction along said southern right-of-way, along an arc of a cun-e to the night an arc distance of 127.88 feet (said arc being subtended by a chord haYing a bearing of south 86 degrees 42 minutes 52 seconds east, a radius of 499.38 feet, and a length of 127.53 feet) to a point, continuing in a southeasterly direction along the southern, southwestern and western right-of-way of Ellis Road (50 foot right-of-way) along an arc of a cune to the night an arc distance of 66.35 feet (said arc being subtended by a chord haYing a bearing of south 46 degrees 33 minutes 31 seconds east, a radius of 57.91 feet and a length of 62.78 feet) to a point; continuing in a southerly direction along said western right-of-way, thence south 08 degrees 01 minutes 17 seconds east a distance of 92.69 feet to a point; continuing in a southerly direction along said western right-of-way along an arc of a cune to the left an arc distance of 160.15 feet (said arc being subtended by a chord having a bearing of south 03 degrees 47 minutes 31 seconds east, a radius of 4846.95 feet, and a length of 160.15 feet) to a point; continuing in a southerly direction along said western right-of-way along an arc of a

GEORGIA LAWS 1999 SESSION

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cune to the left an arc distance of 140.05 feet (said arc being subtended by a chord haYing a bearing of south 11 degrees 57 minutes 53 seconds east, a radius of 560.46 feet, and a length of 139.68 feet) to a point; continuing in a southerly direction along said western right-of-way, thence south 19 degrees 07 minutes 57 seconds east a distance of 67.88 feet to a point; continuing in a southerly direction along said western right-of-way, thence south 21 degrees 14 minutes 55 seconds east a distance of 123.02 feet to an iron pin found; leaYing said western right-of-way of Ellis Road, thence south 33 degrees 10 minutes 14 seconds west a distance of l 0.62 feet to an iron pin found; thence south 88 degrees 56 minutes 37 seconds west along property now or formerly known as Lot 26 of Arranmore SubdiYision a distance of 86.20 feet to an iron pin found (axle) on the land lot line common to the eastern land lot line of Land Lot 179 and the western land lot line of Land Lot 178; thence south 88 decrees 56 minutes 37 seconds west along property now or formerly known as Lots 26, 27, 28, 29, 30, 31, 32, 35, 36, 37, 49 and 50 of said A.rranmore SubdiYision a distance of 1461.05 feet to a point; thence north 10 degrees 43 minutes 55 seconds east along property now or formerly owned by Arnie C. Postier.Jr. a distance of 315.85 feet to an iron pin found (#4 rebar); thence north 09 degrees 34 minutes 26 seconds east along property now or formerly owned by Arnie C. Postier.Jr., a distance of 161.40 feet to an iron pin found (#4 rebar); thence north 01 degrees 54 minutes 07 seconds east along property now or formerly owned by AR'I\JIE C. Postier Jr. a distance of 201.16 feet to an iron pin on the southern right of way of Ellis road, said iron pin found being the TRCE POl:'\T OF BEGI:'\NING, containing 21.099 acres, more or less.
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:
BEGI:'\'NING at a point on the north right of way line of Baker Road (an 80-foot right of way) at its intersection with the east land lot line of Land Lot 62 of the aforesaid district and section; running thence north 89 degrees 32 minutes west along the north right of way line of Baker Road 221.36 feet to a point; running thence north 08 degrees 32 minutes 49 seconds east 600 feet, more or less, to a point; running thence south 88 degrees 01 minute 42 seconds east 185.0 feet, more or less, to a point on the east line of Land Lot 62 of the aforesaid district and section; running thence south 01 degree 57 minutes 03 seconds west along the east line of said land lot 570.28 feet to a point on the north right of way line of Baker Road, said point being the point of beginning.
All that tract or parcel of land lying and being in Land Lot 99 of the 20th District, 2nd Section, Cobb County, Georgia, and being a portion

4372 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the right of way of Timber Lane and being more particularly described as follows:
BEGINNING at a point formed by the intersection of the northeasterly right of way line of Grant Drive and the northerly right of way line of Timber Lane; running thence easterly along the northerly right of way line of Timber Lane to a point formed by the intersection of the northerly right of way line of Timber Lane and the easterly right of way line of Kennesaw Station Drive; running thence due south and crossing the right of way of Timber Lane to a point on the southerly right of way line of Timber Lane; running thence westerly along the southerly right of way line of Timber Lane to a point formed by the intersection of the northeasterly right of way line of Grant Drive and the southerly right of way line of Timber Lane; running thence northwesterly along the northeasterly right of way line of Grant Drive to the point formed by the intersection of the northeasterly right of way line of Grant Drive and the northerly right of way line of Timber Lane, 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 INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Kennesaw, apprmed April 10, 1971 (Ga. L. 1971, p. 3620), as amended; and for other purposes.
This the 8th day ofJanuary, 1999.
Cobb County Delegation: By State Rep. Randy Sauder, Secretary
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kem Shipp, who on oath deposes and says that he is the Representative from the 38th District and further deposes and says as follows:
(1) That the attached 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 8, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
j_ A copy of the notice of intention was mailed, transmitted by facsimile,
or otherwise provided to the governing authority of any county, munic-

GEORGI.-\ L-\\\'S 1999 SESSIO:\'

43i3

ipality, or consolidated goYernment whose charter or enabling .-\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the gmerning authority of the affected county. municipality, or consolidated goyernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated gmernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill " as proYided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ KE~I SHIPP RepresentatiYe, 38th District
Sworn to and subscribed before me, this 23rd day of February, 1999.
s/ TERESA .-\DKI:\'S :\'otary Public, Clayton County, Georgia ~ly Commission Expires Jan. 5, 2001 (SE.-\L)
.-\pproYed April 16, 1999.

W.-\RE COL':\TY- ST.-\TE COL'RT;Jl'DGE .-\...1\'D SOLICITORGE:\'ER.-\L; CO~IPE!\:SATIO:\' .
!'\o. 185 (House Bill !'\o. 869) .
.-\..., .-\CT
To amend an .-\ct creating the State Court of Ware County, formerly the City Court of Waycross, approYed December l 1. 189i (Ga. L. 189i, p. 510), as amended, particularly by an .-\ct apprmed March 30, 1993 (Ga. L. 1993, p. 4284) and an .-\ct approved .-\pril i, 199i (Ga. L. 199i, p. 3832), so as to proYide for the compensation of the solicitor-general and the judge of said court; to proYide for related matters; to prmide an effecti,e date; to repeal conflicting laws; and for other purposes.

4374 LOCAL A...'\JD SPECIAL ACTS .-\..'-iD RESOLL'TIONS, VOL. II
BE IT E;';ACTED BY THE GE.:\ER,\L ASSEMBLY OF GEORGL-\:
SECTION 1.
To amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, approYed December 11, 1897 (Ga. L. 1897, p. 510) , as amended, particularly by an Act approYed March 30, 1993 (Ga. L. 1993, p. 4284) and an Act approYed April 7, 1997 (Ga. L. 1997, p. 3832), 1s amended by striking Section 4.A which reads as follows:
"SECTION 4A.
Following the effectiYe date of this Act, the solicitor-general of the State Court of \\'are Countv shall receh-e a salarv in such an amount as to prmide for a total sal~ry for such solicitor-g~neral for the calendar year of 1997 and annually thereafter, in the amount of $36,000.00 or such larger amount as may from time to time be provided for by general state law. The judge of the State Court of Ware County shall receiYe an annual salary of $40,000.00 or such larger amount as may from time to time be proYided for by general state law. Said compensation shall be paid in equal monthly installments from funds of Ware County. Ware County shall be authorized but not required to supplement such salaries, or either of them, in such an amount or amounts as its Board of Commissioners may from time to time determine.",
and inserting in its place a new Section 4.A to read as follows:
"SECTIOI\i 4A.
(a) The solicitor-general of the State Court of Ware County shall receiYe an annual salary in the amount of $36,000.00 or such larger amount as may from time to time be prmided for by general state law. The judge of the State Court of Ware County shall receiye an annual salary of $40,000.00 or such larger amount as may from time to time be proYided for by general state law. Said compensation shall be paid in equal monthly installments from funds of Ware County.
(b) The salary of the judge and of the solicito1'-general of the State Court of Ware County shall be increased in the same percentage and at the same time as prmided for clerks of the superior courts in subsection (a) of Code Section 15-6-90. In addition, wheneYer the employees in the classified senice of the state merit system receiYe a cost-of-liYing increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed as the salary of such judge and such solicitor-general by subsection (a) of this section or the amounts deriYed by increasing each of said amounts through the application of longeYity increases pursuant to subsection (a) of Code Section 15-6-90, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-liYing increase or general performance based increase received by state employees is in

GEORGL\. L\WS 1999 SESSIO~

4375

different percentages or different amounts as to certain categories of employees, the amounts fixed as the salary fixed for such judge and such solicitor-general, or the amounts deriYed through the application of longeYity increases, shall be increased by a percentage or an amount not to exceed the aYerage percentage or aYerage amount of the general increase in salary granted to the state employees. The Office of Planning and Budget may be consulted in order for the county to calculate the aYerage percentage increase or aYerage amount increase when necessary. The periodic changes in the amounts fixed as the salary fixed for such judge and such solicitor-general, or the amounts deriYed through the application of longeyi~ increases, as authorized by this subsection shall become effectiYe on the first day ofJanuary following the date that the cost-of-liYing increases or general performance based increases receiYed by state employees become effectiYe; prmided, howeYer, that if the cost-of-liYing increases receiYed by state employees become effectiYe on January 1, such periodic changes in the amounts fixed as the salary fixed for such judge and such solicitor-general, respectiYely, of such State Court, or the amounts deriYed by increasing each of said amounts through the application of longeYi~ increases shall become effectiYe on the same date that the cost-of-liYing increases or general performance based increases receiYed by state employees become effectiYe."
SECTION 2.
This Act shall become effecti\'e on January 1, 2000.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
~OTICE OF l:'\TE:'\TIO:'\ TO I~TRODL'CE LOCAL LEGISL\TIOI\'
~otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .-\ct creating the State Court of Ware Coun~, formerly the Ci~ Court of Waycross, approYed December 11, 1997 (Ga. L. 1897, p.,510), as amended, particularly by an Act approYed '.\-larch 30, 1993 (Ga. L. 1993, p. 4284) and an Act approYed ..\pril 7, 1997 (Ga. L. 1997, p. 3832); and for other purposes.
This 20th day of February, 1999.
Harn D. Dixon RepresentatiYe 168th District
GEORGL.\, FCLTOI\' coc;--.;TY
Personally appeared before me, the undersigned authori~, duly authorized to administer oaths, Harry D. Dixon, who on oath deposes and says that he is the Representathe from the 168th Disuict and further deposes and says as follows:

43i6 LOCAL ..\.'\D SPECIAL ACTS ..\.'\'D RESOLLTIO.'.\'S, \'OL. II
(I) That the attached .'.\'otice 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 2i, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, municipality, or consolidated gmernment whose charter or enabling .-\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.
..L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated goYernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.l.
s/ HARRY D. DIXON Represen tathe, 168th District
Sworn to and subscribed before me, this 1st day of ~arch, 1999.
s/ TERESA ..\OKINS !'iotary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL)
Apprmed .-\pril 16, 1999.
CITY OF SNELL\1LLE - CORPOR-\TE LIMITS; QCALIFYI~G FOR MCNICIPAL OFFICE; '.\1AYOR ..\."ID COCNCIL; TER.\1S; POWERS.
No. 186 (House Bill No. 8il).
,.\."\ .-\CT
To amend an .-\ct incorporating the Town of Snelh-ille (later renamed the City of Snel!Yille), apprmed August 20, 1923 (Ga. L. 1923, p. ii5), as

GEORGIA LAWS 1999 SESSION

4377

amended, particularly by an Act apprmed April 13, 1992 (Ga. L. 1992, p. 5886), an Act apprmed April 10, 1971 (Ga. L. 1971, p. 3574), and an Act approYed February 11, 1952 (Ga. L. 1952, p. 2293), so as to change proYisions relating to the corporate boundaries; to proYide for an official map and written description of the corporate limits; to proYide for resignation from one municipal office before qualifying for another municipal office; to proYide for four-year terms for the mayor and councilmembers; to prmide for powers of the city and construction; to eliminate redundant proYisions; to prmide for related matters; to prmide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT :'.\/ACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l.
An Act incorporating the Town of Snelh-ille (later renamed the City of Snelhille), approYed August 20, 1923 (Ga. L. 1923, p. 775), as amended, particularly by an Act approYed April 13, 1992 (Ga. L. 1992, p. 5886), an Act approYed April 10, 1971 (Ga. L. 1971, p. 3574), and an Act apprmed February 11, 1952 (Ga. L. 1952, p. 2293), is amended by striking in its entirety Section 2 and inserting in its place the following:
"SECTION 2.
(a) The boundaries of the city shall be those existing on the effective date of this Act with such alterations as may be made from time to time in the manner prmided by law. The boundaries of the city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated as the official map and description of the corporate limits of the City of SnellYille, Georgia.' Photographic, typed, or other copies of such description certified by the city clerk shall be admitted as eYidence in all courts and shall ha\'e the same force and effect as the original map or description.
(b) The city council may proYide 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 2.
Said Act is further amended by striking in its entirety Section 4 and inserting in lieu thereof the following:
"SECTION 4.
(a) Any person desiring to offer as a candidate for mayor of the City of Snelh-ille shall specify that he or she is offering for the office of mayor. Any person serving as a councilmember desiring to offer himself or

4378 LOCAL AND SPECIAL ACTS AND RESOLCTIONS, VOL. II
herself as a candidate for mayor shall resign his or her position of council upon qualifying as a candidate for mayor.
(b) For the purpose of electing the fiw councilmembers of the City of Snelh-ille, there shall be fiye council posts to be designated Council Post l through Council Post 5. Any person desiring to offer as a candidate for councilmember shall designate the council post for which he or she is offering. Any person serYing as mayor desiring to become a candidate for councilmember shall resign his or her position of mayor upon qualifying as a candidate for councilmember. The mayor and city council shall serYe four-vear terms."
SECTION 3.
Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof the following:
"SECTION 11.
(a) This city shall haYe all powers possible for a city to haYe 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 ha\'e all the powers of self-goYernment not otherwise prohibited by this charter or by general law.
(b) The powers of this city shall be construed liberally in farnr 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. These powers shall include, but not be limited to, the following:
(l) Appropriations and expenditures. To make appropriations for the support of the goYernment 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 prmide for the payment of expenses of the city;
(2) Business regulation and taxation. To leYy and to proYide for collection of regulatory fees and taxes on prhileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to proYide for the manner and method of payment of such regulatory fees and taxes; and to reYoke such permits after due process for failure to pay any city taxes or fees;
(3) 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 now or may hereafter be enacted;
(4) Contracts. To enter into contracts and agreements with other governmental entities and with prhate persons, firms, and corporations;

GEORGL-\ LAWS 1999 SESSION

4379

(5) 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 proYisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;
(6) Em'ironmental protection. To protect and presene the natural resources, enYironment, and ,ital areas of the state through the preservation and improyement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the emironment;
(7) Garbage fees. To leYy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary senice charge, tax, or fee for such sen-ices as may be necessary in the operation of the city from all indiYiduals, firms, and corporations residing in or doing business in the city benefiting from such senices; to enforce the pa)ment of such charges, taxes, or fees; and to prmide for the manner and method of collecting such senice charges;
(8) 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 proYide for the enforcement of such standards;
(9) 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;
(10) Health and sanitation. To prescribe standards of health and sanitation and to prmide for the enforcement of such standards;
(11) Jail sentences. To prmide that persons giYenjail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to prmide for commitment of such, persons to any jail; or to proYide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;
(12) Motor ,ehicles. To regulate the operation of motor vehicles and exercise control OYer 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;

4380 LOCAL A.JI.JD SPECIAL ACTS A."I\JD RESOLCTIO:'\S, VOL. II
(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 reYenue to carry out any project, program, or ,enture authorized by this charter or the laws of the State of Georgia;
(15) Municipal property mmership. To acquire, dispose of, lease, 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;
(16) Municipal property protection. To proYide for the preserYation 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 Yiolations thereof;
(17) 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, cable teleYision and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to proYide for the \\ithdrawal of sen-ice for refusal or failure to pay the same;
(18) !'\uisance. To define a nuisance and proYide for its abatement whether on public or priYate property;
(19) Penalties. To proYide penalties for Yiolation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia;
(20) Planning and zoning. To proYide comprehensiYe city planning for deYelopment by zoning; and to prmide subdiYision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community;
(21) 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;
(22) Public hazards; remornl. To proYide for the destruction and remoYal of any building or other structure which is or may become dangerous or detrimental to the public;
(23) Public improYements. To proYide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, public grounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, other public utilities, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational,

GEORGI.-\ L\WS 1999 SESSIO::'\

-1381

consenation, sport, curatiYe, correctiYe, detentional, penal, and medical institutions, agencies, and facilities; and to proYide any other public improYements, inside or outside the corporate limits of the city; to regulate the use of public imprmements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G....\. or such other applicable laws as are now or may hereafter be enacted;
(2-l) Public peace. To prmide for the pre,ention and punishment of drunkenness, riots, and public disturbances;
(25) Public utilities and sen-ices. To grant franchises or make contracts for or impose taxes on public utilities and public senice companies and to prescribe the rates, fares, regulations, and standards and conditions of sen-ice applicable to the senice to be proYided by the franchise grantee or contractor, insofar as not in conflict with Yalid regulations of the Georgia Public SerYice Commission;
(26) Regulation of roadside areas. To prohibit or regulate and control the erection, remmal, 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 Yiew thereof, inside or abutting the corporate limits of the city; and to prescribe penalties and punishment for Yiolation of such ordinances;
(27) Retirement. To prmide and maintain a retirement plan for officers and employees of the city;
(28) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, paYe, curb, gutter, adorn with shade trees, or otherwise imprme, maintain, repair, clean, pre,ent erosion of, and light the roads, alleys, and walkways inside the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and oyer the bridges and Yiaducts 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;
(29) Sewer fees. To le,y a fee, eharge, 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 leYy on those to whom sewers and sewerage systems are made aYailable a sewer sen-ice fee, charge, or sewer tax for the aYailability or use of the sewers; to prmide for the manner and method of collecting such senice 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;
(30) Solid waste disposal. To proYide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and

4382 LOCAL .-\.'.'D SPECIAL ACTS .-\.''D RESOLCTIO'.\:S, \'OL. II
disposal of garbage, rubbish, and refuse by others; and to proYide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to proYide for the sale of such items;
(31) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors, alcoholic beYerages, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosiYe, 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 shO\\"S of a1iy kind. by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult entertainment establishments, and massage parlors;
(32) Special assessments. To leYy and proYide for the collection of special assessments to coyer the costs for any public imprmements;
(33) Taxes: ad ,alorem. To le,y and proYide for the assessment, ,aluation, reYaluation, and collection of taxes on all property subject to taxation;
(34) Taxes: other. To leYy and collect such other taxes as may be allowed now or in the future by la\\;
(35) Other powers. To exercise and enjoy all other powers, functions, rights, priYileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, co1wenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable 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 goyernments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusiYe of others, nor restricti,e of general words and phrases granting powers, but shall be held to be in addition to such pm\"ers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 4.
Said .-\ct is further amended by striking in its entiretY subsection (a) of Section 12.
SECTION 5.
This .-\ct shall become effectiYe upon its approYal by the GoYernor or upon its becoming law without such approYal.

GEORGIA L-\WS 1999 SESSION

4383

SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
'.\/OTICE TO I!'\TRODLTCE LOCAL LEGISL.-\TIO!'\
!'\otice is hereby giYen that there will be introduced in the regular 1999 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Snelhille to pro,ide for extended city limits; general powers; and four year terms for the office of ~ayor and City Council with the requirement of resignation from a municipal office prior to qualifying for another municipal office pursuant to the Georgia Constitution; and for other purposes.
Jeff Williams Represen tatiYe 83rd District
GEORGL-\, FCLTO'.'\ COC!'\TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths.Jeffrey L. Williams, who on oath deposes and says that he is the RepresentatiYe from the 83rd District and further deposes and saYs as follows:
( 1) That the attached :'\otice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on the following date: February 1i, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
.L A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise prmided to the goYerning authority of any county, municipality, or consolidated gmernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the gmerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated goyernment or the bill affects a local school system.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county gmerning authority within which the area

--l-38--l- LOCAL .-\..'\D SPECIAL ACTS .-\..'\'D RESOLCTIO:\'S, \'OL. II
proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1--l-. l.
s/ JEFFREY L. WILLL-\..\,tS RepresentatiYe, 83rd District
Sworn to and subscribed before me, this 1st day of '.\farch, 1999.
s/ TERESA .-\DKI:\'S :\'otary Public, Clayton County, Georgia ~ly Commission Expires Jan. 5, 2001 (SEAL)
.-\pproYed April 16, 1999.
.\TKI:\'SO:\' COC:\'TY - BOARD OF EDCC.\TIO:\'; CO\IPE:\'S.-\TIO:\'.
:\'o. 187 (House Bill :\'o. 88--l-) .
.-\..'\' .\CT
To amend an .-\ct reconstituting the Board of Education of Atkinson County, apprmed April 5, 1993 (Ga. L. 1993, p. 4771), as amended, so as to change the compensation of the members of the board of education; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT E:\'.-\CTED BY THE GE:\'ER\L .\SSD'IBLY OF GEORGI.\:
SECTION 1.
.-\n .-\ct reconstituting the Board of Education of Atkinson County, approYed April 5, 1993 (Ga. L. 1993, p. 4771), as amended, is amended by striking Section 6 of said .\ct and inserting in lieu thereof a new Section 6 to read as follows:
"SECTIO:\' 6.
The members of the board of education, including the chairperson, shall receiYe S75.00 per meeting as compensation for their senices, with total compensation for any calendar month not to exceed S300.00 regardless of the number of meetings held that calendar month; and, as a cost-of-lh-ing adjustment, the amount of the monthly compensation recehed by such members shall increase in each year by a percentage equal to any cost-of-liYing acljustment proYided to teachers under the jurisdiction of the board of education...
SECTION 2.
This .\ct shall become effectiYe on the first day of the month following the month in which it is approYed by the GoYernor or in which it becomes law without such apprmal.

GEORGIA LAWS 1999 SESSION

4385

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF 11\TE:\TIO:\' TO l:\'TRODCCE LOCAL LEGISL\TIO:\'
Notice is ghen that there will be introduced at the regular 1999 session of the General Assembly of Georgia, a bill to amend an .--\ct reconstituting the Board of Education of Atkinson County, approYed April 5, 1993 (Ga. L. 1993, p. 4771), as amended, so as to change the compensation of the members of the Board of Education; and for other purposes.
This 3rd day of February, 1999.
Chuck Sims, RepresentatiYe 167th District
GEORGIA, FULTON COC:\'TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Sims, "ho on oath deposes and says that he is the RepresentatiYe from the 167th District and further deposes and saYs as follows:
(1) That the attached !\"otice of Intention to Introduce Local Legislation was published in the Atkinson County Citizen which is the official organ of Atkinson County on the follm\"ing date: February 26, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise prmided to the goYerning authority of any county, municipality, or consolidated goyernment "hose charter or enabling Act is amended, as required bY subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.
j_ The notice requirement of subsection (b) of Code Section 28-1 -14
does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated gmernment or the bill affects a local school system.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill

4386 LOCAL A.'-1D SPECIAL ACTS A.'JD RESOLCTIONS, \'OL. II
was proYided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.l.
s/ CHCCK SIYIS RepresentatiYe, 167th District
Sworn to and subscribed before me, this 3rd day of '.\farch, 1999.
s/ TERESA .-illKl!\iS :-.iotary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL)
ApproYed April 16, 1999.
\o\'HITFIELD COCNTY - BOARD OF COMMISSIONERS; COMPENSATION.
No. 188 (House Bill :'io. 885).
AN ACT
To amend an Act entitled "An Act creating the board of commissioners of 'Whitfield County," approYed February 21, 1964 (Ga. L. 1964, p. 2175), as amended, particularly by an Act approYed March 30, 1993 (Ga. L. 1993, p. 4433), so as to authorize the board of commissioners to pro,ide for a change in the compensation of the chairperson and members of such board; to repeal conflicting laws; and for other purposes.
BE IT E'.\L\CTED BY THE GENER\L ASSEMBLY OF GEORGL\:
SECTION 1.
An Act entitled "An Act creating the board of commissioners of \\11itfield County," approYed February 21, 1964 (Ga. L. 1964, p. 2175), as amended, particularly by an Act approYed March 30, 1993 (Ga. L. 1993, p. 4433), is amended by striking in its entirety subsection (a) of Section 5 and inserting in lieu thereof the following:
"(a) The board of commissioners of \\bitfield County is authorized to proYide, by a majority Yote of the members of such board, for the compensation of such board members in an amount not to exceed $850.00 per month for the chairperson of the board and S750.00 per month for each other member of the board. Such compensation shall be payable monthly from the funds of \\bitfield County.,.
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

GEORGI.-\ L\WS 1999 SESSIO:\

-1387

:\OTICE OF l:\TE~TIO'.'\ TO l:\TRODCCE LOC.-\L LEGISL\TIO:\
'.'\otice is giyen that there will be introduced at the regular 1999 session of the General assembly of Georgia a bill to amend an .-\ct entitled ".-\n .-\ct creating the Board of Commissioners of \i\l1itfield County," apprmed February I, 196-1 (Ga. L. 196-1, p. 2175), as amended; and for other purposes.
This 16th day of February, 1999.
RepresentatiYe .-\.lien Hammontree -!th District
GEORGI.-\, FCLTO'.'\ COC'.'\TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Allen Hammontree, who on oath deposes and says that he is the Representati,e from the -!th District and further deposes and saYs as follows:
(1) That the attached ~otice of Intention to Introduce Local Legislation was published in the Daily Citizen-~ews which is the official organ of \i\l1itfield County on the following date: February 19, 1999.
(2) That the laws requiring notice of local l"'gislation were further complied with in the manner checked below:
L .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, municipality, or consolidated gmernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-1-1.
_ The notice requirement of subsect;on (b) of Code Section 28-1-1-1 does not apply because the bill was requested by resolution or other written notification of the gmerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
__ The notice requirement of sub~ection (b) of Code Section 28-1-1-1 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a conn~ or consolidated goYernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authori~ within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-1.1.
s/ .-\LLE'.'\ HA.\1'.\-1O'.'\TREE RepresentatiYe, -!th District

4388 LOCAL .--\..'\D SPECIAL ACTS .--\..'\1D RESOLL'TIONS, \'OL. II
Sworn to and subscribed before me, this 23rd day of February, 1999.
s/ TERESA ADKINS :'.'-iotary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL)
ApproYed April 16, 1999.
CPSO:\' COL':\'TI' - BOARD OF COM:vlISSIONERS; JL'RISDICTIO:\'; COL':\'TY YlA.l\AGER; CLERK.
'.\'o. 189 (House Bill :--;o. 889) .
.--\..1\ ACT
To amend an .--\ct creating the Board of Commissioners of Roads and ReYenues for L'pson County, approYed February 1, 1877 (Ga. L. 1877, p. 3729), as amended, particularly by an Act approYed \farch 27, 1995 (Ga. L. 1995. p. 3726), so as to proYide for matters under the exclusiYejurisdiction and control of the board of commissioners; to proYide for the appointment of a county manager and county clerk; to proYide for the duties and compensation for a county manager and county clerk; to proYide for related matters; to repeal conflicting laws; and for other purposes.
BE IT E:\'.--\CTED BY THE GE:\'ERAL ASSDIBLY OF GEORGIA:
SECTION 1.
An Act creating the Board of Commissioners of Roads and ReYenues for L'pson County, approYed February 1, 1877 (Ga. L. 1877, p. 3729), as amended, particularly by an .--\ct approYed Ylarch 27, 1995 (Ga. L. 1995, p. 3726), is amended by striking in its entiretY Section 5 and inserting a new Section 5 to read as follm\"s:
"SECTIO:\' 5.
The commissioners shall haYe exclusiYe jurisdiction and control oYer the following matters: in directing and controlling all of the property of the county in the manner prodded by law; in le,ying taxes according to Im,: in establishing, abolishing, or changing election precincts or militia districts; in allm\"ing the insoh-ent list of the county; in settling all claims and accounts of officers haYing the care, management, or disbursement of funds belonging to, or appropriated for the use and benefit of, the count\" and in bringing them to settlement; in proYiding for the poor of the county and for the promotion of health as proYided by law; and in exercising such other powers as are granted by law or as may be indispensable or incidental to their jurisdiction mer county matters or

GEORGI.-\ L\\\'S 1999 SESSIO'.\

-1-389

county finances which are not otherwise Yested in the county manager pursuant to Section 6 of this .-\ct."
SECTION 2.
Said .-\.ct is further amended by adding a new section, to be designated Section 6, to read as follows:
"SECTIO'.\ 6.
(a) There is created the position of county manager of L'pson County. The county manager shall be the chief aclministratiYe officer and head of the aclministratiYe branch of county gmernment. The county manager shall serYe at the pleasure of the board of commissioners. The Board of Commissioners of Cpson County shall select and appoint a county manager, who shall receiYe such compensation as may be prescribed by the board of commissioners. The county manager must cleYote all of such officer's working time and attention to the affairs of the county and shall be responsible to the board of commissioners for the efficient administration of all of the affairs of the county oYer which such officer has jurisdiction.
(b) '.\o person shall be chosen as county manager before such person shall haYe attained such person s thirtieth birthday. Such person shall be of good character and of prmen executiYe ability and experience. The county manager shall be chosen by the board of commissioners solely on the basis of such person "s executiYe and aclministratiYe qualifications with special reference to such person s actual experience in or such person s knowledge of accepted practice with respect to the duties of such person s office as proYiclecl for in this section . At the time of such person s appointment such person need not be a resident of the county or state but, during such person "s tenure of office, such person shall reside within the county. '.\o person elected to membership on the board of commissioners shall. subsequent to such election, be eligible for appointment as county manager until one year has elapsed follo"ing the expiration of the commissioner term for which such person was elected.
(c) The county manager shall be appointed for an indefinite term and shall serYe at the pleasure of the board of commissioners..-\.ny action of the board in suspending or remming the county manager shall be final.
(cl) The board of commissioners may designate a person or persons to perform the functions and duties of the county manager during the absence, disability, or suspension of the county manager. \'acancies in the office of county manager shall be filled by the board of commissioners as early as practicable and, until such Yacancy is filled, the board of commissioners shall haYe full power to make a temporary appointment or to perform the functions and duties of such office.
(e) The county manager shall haYe the following duties, po"ers, and authoritY:

4390 LOCAL A.."I\J"D SPECIAL ACTS A."I\J"D RESOLCTIONS, VOL. II

( 1) To superYise the administration of the affairs of the county and to

see that the ordinances, resolutions, and regulations of the board of

commissioners and the la\\'s of the state are faithfulk executed and

enforced;

,

(2) To hire and remoYe all employees of the county under the jurisdiction of the board of commissioners, except the county attorney, county auditor, county clerk, and members of the boards, commissions, and authorities, \\'ho shall be remoYed by the board of commissioners;

(3) To exercise administratiYe authority and superYision oYer all departments and personnel under the jurisdiction of the board of commissioners;

(4) To require reports from heads of departments and other employees entrusted \\'ith administratiYe duties or exercising discretion, The county manager shall haYe at all times the authority to examine all books and records of eYery officer and department of the county under the jurisdiction of the board of commissioners;

(5) To attend all meetings of the board of commissioners with a right to take part in the discussions but haYing no Yote, and to attend such other meetings inYoh-ing county goYernment as the board of commissioners may direct;

(6) To recommend to the board of commissioners for adoption such measures as the county manager may deem necessary or expedient;

(7) To supen-ise the performance of all contracts made by any person, company, or corporation for \\'Ork done for the board of commissioners;

(8) To be the purchasing agent of materials and supplies for the county under such rules and regulations as may be imposed by the board of commissioners, The county manager may designate another person to be purchasing agent. If such purchasing agent is a person other than the county manager, that person, before entering upon the discharge of such person's duties, shall execute a bond with a sohent surety company licensed to do business in Vpson County in an amount to be approYed by the board of commissioners but not less than $50,000.00, payable to Cpson County, conditioned for the faithful performance of such person s duties and to secure against corruption, malfeasance, misappropriation, or unla"ful expenditure. The premium on such bond shall be paid for by l'pson County;

(9) (A) To submit to the board of commissioners, no later than the last day of the seYenth month of each fiscal year, a budget plan and calendar for cleYeloping a proposed budget for the ensuing fiscal year, and to formulate and submit to the board of commissioners,

GEORGL-\ L\WS 1999 SESSIO:\:

4391

no later than the last day of the tenth month of each fiscal year, a proposed budget for the ensuing fiscal year and an accompanying explanation.
(B) The county managers explanation shall explain the budget both in fiscal terms and in terms of the work programs. It shall outline the proposed financial policies of the county for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and reYenues, together with the reasons for such changes, summarize the county's debt position, and include such other material as the county manager deems desirable.
(C) The proposed budget shall proYide a complete financial plan of all county funds and actiYities for the ensuing fiscal year and, except as required by law, shall be in such form as the county manager deems desirable or the board of commissioners may require. The proposed budget shall, at a minimum, include a clear general smnmary of its contents and show in detail all estimated income, indicating the proposed property tax Jeyy and all proposed expenditures, including debt sen-ice, for the ensuing fiscal year. It shall indicate in separate sections:
(i) Proposed capital expenditures during the ensuing fiscal year, detailed for each fund by organization unit when practicable, and the proposed method of financing each such capital expenditure; and
(ii) The anticipated income and expense and surplus or deficit for the ensuing year for each utility or other enterprise fund operated by the county.
(D) The county manager shall consult with the heads of county departments, constitutional officers, and the county planning commission and shall prepare and submit to the board of commissioners a proposed fiye-year capital program each year. It shall be submitted to the board of commissioners by the county manager simultaneously with submission of the proposed budget for the ensuing fiscal year. The capita:! program shall include:
(i) A clear general summary of its contents;
(ii) .\ list of all capital improYements and other capital expenditt1res which are proposed to be undertaken during the fiye fiscal years next ensuing, with appropriate supporting information as to the necessity for each;
(iii) Cost estimates and recommended time schedules for each improYement or other capital expenditure;
(i,) The method of financing upon which each capital expenditure is to be reliant; and

-!392 LOC.-\L .-\.'\D SPECI.-\L .-\CTS .-\.'\D RESOLCTIO~S. \'OL. II
(\) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired;
(10) To keep the board of commissioners fully adYised at all times as to the financial condition and needs of the county;
(11) To make or cause to be made a full written report to the board of commissioners each month showing the operations and expenditl1res of each department of the county go\'ernment for the preceding month;
(12) To ser\'e as personnel director in the superYision and administration of the county's personnel system for county employees;
(13) To delegate purely administrati\'e duties to subordinates in the county gmernment whose work the county manager shall superYise and direct; proYided, hmreYer, that the delegation or assignment of duties to subordinates shall not reline the county manager of responsibility for administration of county affairs;
( 1-!) To de\elop or superYise the de\elopment of applications for and administer grants such as the Community De\'elopment Block Grant, and grants from the Georgia Department of Community Affairs, the En\'ironmental Protection Agency, the Georgia Department of Transportation, and any other state or federal granting agencies;
(15) To act as liaison between the board of commissioners and the public b\' responding to inquiries and resolYing conflicts; and
(16) To perform such other duties as may be prescribed by this .-\ct or other duties as may from time to time be required by the board of commissioners.
(f) The county manager, before entering upon the discharge of the duties of county manager, shall execute a bond with a solYent surety company licensed to do business in L'pson County in an amount to be apprmed by the board of commissioners but not less than $50,000.00, payable to Cpson County, conditioned for the faithful performance of such officer's duties and to secure against corruption, malfeasance, misappropriation, or unlawful expenditure. The premium on such bond shall be paid for by Cpson County.
(g) The cmmty manager shall not engage in or be concerned with local partisan politics or any local political campaign. The county manager shall not contribute to any local campaign fund or solicit funds for local political purposes from any other person. The county manager shall not be eligible for election as a member of the Board of Commissioners of Cpson County for a period of one year after termination of sen-ice as count\' manager.
(h) Except for the purpose of inquiry and i1westigation, the board of commissioners shall deal with county employees who are subject to

GEORGI.--\ L-\WS 1999 SESSIO:'.'\

4393

appointment and remO\al by the county manager solely through the county manager and shall not gin orders or directions to any such employee, either publicly or priYately, directly or indirectly."
SECTION 3.
Said .--\ct is further amended by adding a new section, to be designated Section 7, to read as follmrs:
"SECTIO:\' 7.
(a) The board of commissioners may annually elect or appoint a clerk "hose duties shall be defined bY said board after consultation " ith the county manager. The clerk's compensation shall be paid out of the general funds of the county.
(b) The county clerk shall be under the di1:ect superYision of the county manager.
SECTION 4.
.--\II laws and parts of laws in conflict with this .--\ct are repealed.
:\'OTICE OF I:\'TE:\'TIO:\' TO l:\'TRODCCE LOCAL
LEGISL-\TIO:\'
:\'otice is giYen that there will be introduced at the regular 1999 session of the General .--\ssembly of Georgia a bill to amend an .--\ct creating a board of commissioners for Cpson County approYed February 1, 1877 (Ga. L. 1877, p. 3729), as amended, particularly by an .\ct approYed '.\1arch 27, 1995 (Ga. L. 1995, p. 3726), to proYide for the establishment of the position of County '.\lanager and County Clerk and other related matters, to repeal conflicting laws; and for other purposes.
This 26th day ofJanuary, I999.
HO:\'ORXBLE ROBERT '.\I. CR-\\\rORD Represen tatiYe. I 29th District
GEORGL-\, FCLTO:\' COL':\'TY
Personally appeared before me. the undersigned authority, duly authorized to administer oaths. Robert '.\11. Crawford, who on oath deposes and says that he is the RepresentatiYe from the I 29th District and further deposes and says as follO\rs:
(I) That the attached :\'otice of Intention to Introduce Local Legislation was published in the Thomaston Times which is the official organ of L' pson County on the following date: January 27, 1999

4394 LOCAL ,-\.."\iD SPECIAL ACTS .-\..'\D RESOLCTIO:--.IS, \'OL. II
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
.JL A copy of the notice of intention was mailed, transmitted b, facsimile, or otherwise proYided to the goYerning authori~ of any coun~. municipali~. or consolidated goYernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-1-l.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authori~ of the affected coun~. municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because t_he bill does not amend the charter of a municipali~ or the enabling Act of a coun~ or consolidated gmernment or the bill affects a local school sYstem.
_ The notice requirement of !>ubsection (b) of Code Section 28-1-1-l does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county gmerning authori~ within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-l. l.
s/ ROBERT YI. CRAWFORD RepresentatiYe, l 29ih District
Sworn to and subscribed before me, this 2nd day of March. 1999.
s/ TERESA ADKI::\'S ::\'otan Public, Clayton Coun~. Georgia Yly Commission Expires Jan. 5, 2001 (SEAL)
ApproYed April 16, l 999.
FITZGER.\LD-BE::\' HILL COC::\'TY DE\'ELOPYIE::\'T .\L.THOR1TY EXECCTI\'E SECRETARY
'.\io. 190 (House Bill ::\'o. 895).
,-\..'\ .\CT
To amend an .\ct creating the Fitzgerald and Ben Hill Coun~ DeYelopment Authori~. approYed February 26, 1963 (Ga. L. 1963, p. 2003), as amended, so as to change the proYisions relating to the secretary of the Authori~; to pro,ide for the creation of the office of Executhe Secretary of the .\uthori~; to pro,ide for the manner of selection of the ExecutiYe

GEORGI.-\ L\WS 1999 SESSIO:'\

4395

Secretary; to proYide for the powers, duties, and compensation of the Executi\e Secretary; to proYide that the Executhe Secretary shall sene as the secretary of the Authority; to prmide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT !\ACTED BY THE GE!\'ER..-\L ASSEMBLY OF GEORGIA:
SECI1ON 1.
.-\n .-\ct creating the Fitzgerald and Ben Hill County De,-elopment Authority, apprmed February 26, 1963 (Ga. L. 1963, p. 2003), as amended, is amended by striking from Section 2 thereof the following: "The ExecutiYe Secretary of the Fitzgerald Chamber of Commerce shall ser\'e as secretary of the Authority without compensation ...
SECI1ON 2.
Said .-\ct is further amended by adding the following sentence at the end of Section 2: "The Authority shall appoint from time to time and remoYe at its sole discretion an ExecutiYe Secretary, to be selected by majority Yote of the members of the Authority, who shall serYe as secretary of the Authority and who shall haYe such other powers and duties and who shall be paid such compensation as the Authority shall determine from time to time in its sole discretion ...
SECTION 3.
This .-\ct shall become effectiYe upon its approYal by the GoYernor or upon its becoming law without such approYal.
SECTION 4.
.-\II laws and parts of laws in conflict with this .-\ct are repealed.
NOTICE OF INTENTIO:'\ TO APPLY FOR LOCAL LEGISLATIO:'\
In conformity and compliance with the proYisions of Article III, Section \', Paragraph \1II of the Constitution of Georgia, and Section 28-1-14 of Official Code of Georgia Annotated notice is hereby giYen that there will be introduced in the General Assembly of the State of Georgia at its regular session conYening in January, 1999, a local or special bill affecting the Fitzgerald and Ben Hill County DeYelopment Authority, the title or caption of which reads as follows;
.-\n ..\ct to amend an Act creating the Fitzgerald and Ben Hill County DeYelopment Authority approYed February 26, 1963 (Georgia Laws 1963, p. 2003 et seq.), be amended, so as to change the proYisions relating to the secretary of the Authority, to proYide for the creation of the office of ExecutiYe Secretary of the Authority; to pro,ide for the manner of selection of the Executhe Secretary; to proYide for the powers, duties and compensation of the Executhe Secretary, to prmide that the ExecutiYe

4396 LOCAL .-\..'\JD SPECIAL ACTS .-\..."\D RESOLCTIO::--:S, \'OL. II
Secretary shall serYe as the secretary of the .-\uthority; to proYide an effectiYe date; to repeal conflicting la,\"s; and for other purposes.
This 15th day of January, 1999.
Gerald YI. Thompson, Chairman Fitzgerald and Ben Hill County DeYelopment .-\nthority
GEORGL-\, FCLTON COC'.\/TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, ::--:ewt Hudson, who on oath deposes and says that he is the RepresentatiYe from the 156th District and further deposes and says as follows:
(1) That the attached ::--:otice of Intention to Introduce Local Legislation was published in the Herald-Leader \\"hich is the official organ of Ben Hill County on the following date: January 20, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goyerning authority of any county, municipality, or consolidated goYernment whose charter or enabling Act 1s amended, as required by subsection (b) of Code Section 28-1-1-!.
_ The notice requirement of subsection (b) of Code Section 28-1-1-! does not apply because the bill was requested by resolution or other written notification of the goyerning authority of the affected county, municipality, or consolidated gowrnment and a copy of such resolution or other written notification is attached hereto.
j_ The notice requirement of subsection (b) of Code Section 28-1-1-! does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated gmernment or the bill affects a local school system.
_ The notice requirement of subsection (b) of Code Section 28-1-1-! does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ ~EWT HCDSON RepresentatiYe, 156th District
Sworn to and subscribed before me, this 2nd day of March, 1999.

GEORGI.-\ L-\.WS 1999 SESSIO:'\
s/ TERESA .-\DKI:'\S :'\otary Public, Clayton County, Georgia '.\ly Commission Expires Jan. 5, 2001 (SEAL)
ApproYed April 16, 1999.

-1397

FITZGER-\.LD-BE:\' HILL COC:\'TI' CHARTER CO\-1'.\IISSIO:'\ CREATION; CHARTER; REFERE::--:DC'.\1 .
:\'o. 191 (House Bill :\'o. 896).

To create and establish the Fitzgerald-Ben Hill County Charter Commission; to proYide for a short title; to proYide for definitions; to prOYide for the appointment of the members of said commission; to proYide for the organizational meeting of the charter commission and for the election of officers; to prmide for the powers and duties of said commission; to pro,ide that the charter commission shall be authorized to employ staff, legal and other professional senices, and other resources to assist it in carrying out its powers and duties; to proYide for the expenses of the charter commission and for the payment of those expenses by the gmerning authorities of the City of Fitzgerald and Ben Hill County; to proYide that said commission shall be authorized to study all matters relating to the gmernments of Ben Hill County and the City of Fitzgerald and all matters relating to the establishment of a single county-wide goYernment with powers and jurisdiction throughout the territorial limits of Ben Hill County; to pro,ide for the powers of said commission relating to drafting a proposed consolidated gmernment charter; to proYide for the approYal of such proposed county-wide charter by the goYerning authorities of the City of Fitzgerald and Ben Hill County; to proYide for the submission of such proposed county-wide gmernment charter to the qualified rnters of the City of Fitzgerald and Ben Hill County for approYal or rejection; to proYide for the conduct of such election and for the certification of the results thereof; to proYide for all procedures and other matters connected with the foregoing; to prmide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GE:\'ER-\.L ASSEMBLY OF GEORGIA:
SECTION 1.
This .-\ct shall be known and may be cited as the "Fitzgerald-Ben Hill County Charter Commission .-\ct" and is enacted pursuant to the authority granted by Article IX, Section 111, Paragraph II of the Constitution of the State of Georgia.

4398 LOCAL .-\...,m SPECIAL ACTS .-\...'\iD RESOLCTIONS, \'OL. II
SECTION 2.
As used in this Act, the following terms shall haYe the meanings ascribed to them unless the context clearly requires otherwise:
( 1) "Charter commission" or comm1ss1on" shall mean the Fitzgerald-Ben Hill County Charter Commission proYided for in this Act.
(2) "GoYerning authority of the City of Fitzgerald'' shall mean the mayor and city council of the City of Fitzgerald, a municipal corporation of the State of Georgia.
(3) "Gmerning authority of Ben Hill County" shall mean the Board of Commissioners of Ben Hill County, a political subdi,ision of the State of Georgia.
SECTION 3.
(a) There is created the Fitzgerald-Ben Hill County Charter Commission, which shall consist of 27 members to be appointed as proYided in this section.
(b) The goYerning authority of the City of Fitzgerald shall appoint 12 members to the charter commission with two of those 12 members being the mayor of the City of Fitzgerald and the city administrator of the City of Fitzgerald at the time of their appointments and for the duration of their entire terms as members of the charter commission and with ten of the 12 members being citizens of the City of Fitzgerald at the time of such appointment and for the duration of their respectiYe terms as members of such commission.
(c) The go\'erning authority of Ben Hill County shall appoint 12 members to the charter commission with two of those 12 members being the chairperson of the Board of Commissioners of Ben Hill County and the county administrator of Ben Hill County at the time of their appointments and for the duration of their entire terms as members of the charter commission and with ten of the 12 members being citizens of Ben Hill County at the time of such appointment and for the duration of their respectiYe terms as members of such commission.
(d) The members of the charter commission described in subsections (b) and (c) of this section shall appoint three additional members to the charter commission who shall be citizens of Ben Hill County at the time of such appointment and for the duration of their entire terms as members of such commission.
(e) None of the members of said charter commission, who is not a member of the gmerning authority of Ben Hill County or the City of Fitzgerald or the administrator of Ben Hill County or the City of Fitzgerald, shall hold an electhe or appointhe office.

GEORGIA L\WS 1999 SESSION

4399

(f) To be eligible for appointment as a member of the charter commission, a person must be at least 21 years of age and shall haYe been a resident of the State of Georgia for a period of at least fiye years and registered as an elector to Yote in Ben Hill County for a period of at least two years prior to his or her appointment.
(g) If a member of the charter commission should die, become disabled, remoYe his or her residence and place of domicile to a place outside the territorial limits of the appointing jurisdiction, resign, or become unable or decline to serYe for any reason whateYer as a member of the charter commission, said commission shall declare a \'acancy in his or her office as a member of such commission and within IS days thereafter such Yacancy shall be filled in the same manner as the initial appointment.
(h) .-\ certificate of appointment of each member of the charter commission shall be issued by the appointing authority and filed in the office of the Probate Court of Ben Hill County with a duplicate original of such certificate being transmitted to, and filed with, the chairperson or the secretary of the charter commission.
(i) .-\ majority of the members of the charter commission shall constitute a quorum for the uansaction of business. Such quorum shall not be applicable with respect to any committees or subcommittees which, at the discretion of the charter commission, may be appointed. A majority of the members of each such committee or subcommittee shall constitute a quorum for the conduct of its business.
(j) The charter commission may appoint adYisory committees or subcommittees from among the general populace to adYise it with respect to its work; prmided, howeYer, that the charter commission may not delegate any of the duties, powers, or obligations imposed upon the commission and granted to it by this .-\ct to any such adYisory committee or subcommittee. Any such adYisory committee or subcommittee so appointed shall ser\'e at the discretion of the commission and shall sen-e subject to such terms, conditions, and charges as may be imposed upon it by the commission.
(k) All persons who shall, from time to time, sene as members of the charter commission or its committees or subcommittees and all agents, employees, and staff appointed or hired by the charter commission from time to time shall be afforded co\'erage and shall be included in the insured class, under the pro\'ision of such policies, riders, or other insurance contracts from time to time in force and held by the gmerning authority of Ben Hill County, extending to members of such goyerning authority of Ben Hill County, and what is commonly referred to as "public official's liability insurance co\'erage," to the same extent and as nearly as practicable with identical CO\'erage and limits as afforded to the indi\'idual members of the goYerning authority of Ben Hill County. Any and all additional premium amounts payable by Ben Hill County due to the

4400 LOCAL .-\~D SPECIAL ACTS ,.\..'\D RESOLL'TIO~S. \'OL. II
extension of such coYerage to the members of the charter commission and its appointees, agents, emploYees, and staff shall be paid, when due and payable, one-half by Ben Hill County and one-half by the City of Fitzgerald, which payments shall be made in addition to all other amounts otherwise payable under the proYisions of this .-\ct.
(I) The goYerning authority of Ben Hill County, the gmerning authority of the City of Fitzgerald, and the goyerning authority of am county-wide goYernment created under a charter adopted pursuant to this .-\ct are authorized and directed to expend funds for fees, costs, and expenses incurred in proYiding for the defense of the members of the charter commission arising out of their actiYity as members of such commission and in proYiding for the defense of any proposed charter submitted by the commission, \\"hether prior to the referendum thereon or after the referendum thereon is conducted.
SECTION 4.
(a) The charter commission shall hold an organizational meeting, within 30 days after the date this .-\ct becomes effecthe, to be attended by the 24 members described in subsections (b) and (c) of Section 3 of this .-\ct. The mayor of the City of Fitzgerald and the chairperson of the Board of Commissioners of Ben Hill County shall call such organizational meeting and shall designate one of the members of the commission as temporary chairperson for the purpose of presiding at said organizational meeting. In calling said organizational meeting, the mayor of the City of Fitzgerald and the chairperson of the Board of County Commissioners of Ben Hill County shall designate the time, date, and place that such organizational meeting shall be held.
(b) The first order of business at said organizational meeting shall be the election of a permanent chairperson who shall be elected by majority Yote of all of the 24 initial members of the commission. After organization and election of a permanent chairperson, the charter commission shall be authorized to elect a secretarY, who need not be a member of the commission, and such officer; from the membership of the charter commission as it shall deem necessary.
(c) The charter commission shall thereafter elect the three members of the commission for whom proYision is made in subsection (d) of Section 3 of this .-\ct.
(cl) The charter commission shall be authorized to employ the senices of the city attorneys of the City of Fitzgerald and the county attorneys of Ben Hill County to proYide legal counsel to the commission on any subject or issue that pertains to any purpose of the commission. The charter commission shall be authorized to employ the sen-ices of such other professional persons, staff, and any other resources as may be required to assist the commission in studying all matters relating to the goYernments of

GEORGIA L\WS 1999 SESSION

4401

the City of Fitzgerald and Ben Hill County and in drafting a charter for a single consolidated goyernment; proYided, howeYer, that the charter commission shall not employ any person to assist it in making its studies and in drafting a consolidated goYernment charter, as proYided in this .--\ct, who holds any public office where the holder of such office is elected by the people.
(e) The members of the charter commission shall not receiYe per diem or other compensation for their sen-ices, but the members shall be reimbursed for actual expenses incurred by them in carrying out their duties as members of the charter commission. The legal counsel, staff, and other resources employed by the commission shall be paid compensation as determined bY the commission within the limits of funds aYailable to it under the prmisions of this .--\ct. The gmerning authority of the City of Fitzgerald and the gmerning authority of Ben Hill County are authorized to expend public funds in carrying out the proYisions of this Act and shall share equally the expense thereof. The goYerning authorities shall apply for such grants as are aYailable to fund all or a portion of the expenses of the charter commission. The gmerning authorities shall appropriate such funds in equal amounts as may be necessary to meet the expenses of the charter commission that are not coYered by any grant made to fund its acti\ities, proYided that such expenditures shall be first approYed by both goYerning authorities. The treasurer or other fiscal officer of each of the goYerning authorities shall honor, from time to time, Youchers or warrants signed by the chairperson of the charter commission for amounts up to the aggregate total of such grants or appropriations.
(f) The charter commission is also authorized to solicit, receiYe, and expend contributions, grants, gifts, and other funds from other sources to be utilized b, it in the conduct of its business.
(g) .--\II public officials and employees of the City of Fitzgerald and Ben Hill County upon request shall furnish the charter commission with all documents, books, records, data, and information necessary or appropriate in the opinion of the charter commission for it to carry out its duties, except for information that is confidential or priYileged by law, and shall furnish such other assistance and aid' to the commission as it shall request and shall also appear and giYe testimony, at the request of the commission, before the commission or before any of its committees, subcommittees, or adYisory committees.
SECTION 5.
The commission shall be authorized to study all matters relating to the gmernments of the City of Fitzgerald and Ben Hill County and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Ben Hill County. If, after conducting such study, the charter commission shall draft a proposed charter creating a single county-wide goYernment and such

4402 LOC.-\L .-\..,D SPECIAL .-\CTS .-\XD RESOLCTIOXS, \'OL. II
charter is approYed by the ,-oters under the pro,isions of this .-\ct, then the newly created county-\\ide goYernment shall supersede and replace the existing goYernments of the City of Fitzgerald and Ben Hill County and may also supersede and replace any public authorities and special sen-ice districts located and operating within Ben Hill County.
SECTION 6.
(a) The charter so drafted shall be submitted to the qualified Yoters of Ben Hill County for approYal or rejection of the referendum proYided for in Section 10 of this .-\ct.
(b) The General Assembly delegates its powers to the charter commission to draft such a charter which may include any prmisions necessary to effectuate its purposes. Without limiting the generality of the foregoing, the proposed charter may proYide for any one or more, or a combination, of the matters listed below. V\l1ere it is indicated that an item shall be included, the inclusion of that particular item shall be mandatory:
(1) The charter shall proYide for the abolishment of the existing goYernments of the City of Fitzgerald and Ben Hill County and for the creation of a new single goYernment which may ha,e all powers formerly exercised by the City of Fitzgerald and Ben Hill County and such other powers as may be necessary or desirable. The new single goYernment may be giYen, and may haYe, such rights, priYileges, exemptions, preferences, discretions, immunities, powers, duties, and liabilities as are now or hereafter granted to, or Yested in, municipalities or counties or both b, the Constitution and laws of the State of Georgia. The form and composition of the new gmernment shall be as the charter shall proYide;
(2) The charter may authorize the new goYernment to continue to be eligible to haYe, hold, enjoy, and be entitled to any assistance, credits, benefits, moneys, grants, grants-in-aid, funds, loans, aid, appropriations, and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other proYisions of law or under any present or future state or federal programs;
(3) The charter may 1xmide for the abolishment, modification, consolidation, or merger of any court, except for the Superior Court, the State Court, the Probate Court, and the :vlagistrate Court of Ben Hill County;
(4) The charter may prmide for the abolishment, modification, consolidation, or merger of any public authorities, commissions, and special sen-ice districts located within Ben Hill County created by law and for the transfer of any powers, duties, and obligations of such authorities and districts to the new county-wide goYernment or to any

GEORGIA L-\WS 1999 SESSIO:'\

4403

agency thereof or from one such authority or special senice district to another in such manner as said charter shall prmide;
(5) The charter may prmide for the abolishment, modification, consolidation, or merger of any one or more public offices or positions of public employment of any municipality merged in the county-wide goYernment and Ben Hill County and any public authorities or special senice districts located or operating within Ben Hill County. The charter may proYide for administratiYe di,ision or changes with reference to the duties and responsibilities of any public office or official as the charter commission shall deem necessary for the efficient functioning of the new county-wide gmernment;
(6) The charter shall prmide for the creation of the goYerning authoritY of the new single county-\\ide goYernment, including the number of members of the goYerning authority, their powers, duties, terms of office, manner, and time of election or appointment, compensation, method of remoYal, and all other matters incidental or necessary to the creation of said county-wide goyerning authority. The charter shall prmide for the name or names of the new county-wide goYernment and goYerning authority;
(i) The charter may proYide for the creation of the rnrious departments, boards, bureaus, offices, commissions, and positions of public employment of the ne\\ county-wide goyernment and for any matters necessary or incidental thereto;
(8) The charter may proYide for the creation of two or more taxing districts whereby taxes shall be assessed, leYied, and collected by the county-wide gmernment in accordance with the kind, character, type, and degree of sen-ices proYided by the goYernment within those taxing districts. The charter may proYide that the rate and manner of
taxation ma., Yan, in am. one district from that in another or other
districts and may proYide that the powers, authority, duties, liabilities, and functions of the new goYerning authority may Yary from district to district. The charter shall prmide that any <;uch taxing district established shall equitably reflecJ the senices actually recei,ed and that the goYerning authority of the new county-wide goYernment shall periodically reYise districts as changes in conditions and in senices rendered, in its judgment, may require;
(9) The charter shall pro\'ide for the creation of special tax districts consisting of the territory lying within the former boundaries of the affected goYernments for the purpose of the successor county-wide goYernment le,~ing a tax therein sufficient to retire any bonded indebtedness of such goYernments which is outstanding on the effectiYe date of the abolishment of such go\'ernment;
(10) The charter may proYide for the assumption by the new go\'ernment of all bonded indebtedness and all other obligations of whate,er

4404 LOCAL A.,\/D SPECIAL ACTS .-\..\ID RESOLL'TIONS, VOL. II

kind of all goYernmental units, public authorities, and special sen-ice districts which are altered by said charter and a method by which the new county-wide gmernment shall assume the payment of any obligations issued under Article 3 of Chapter 82 of Title 36 of the O .C.G.A., the " ReYenue Bond Law," or other similar legislation;

(11) The charter may proYide for the transfer to the new coun ~-wide goYernment of assets, contracts, and franchises of all goYernmental units and any public authorities and special serYice districts which are merged with the new coun~-wide goYernment or are altered by the charter;

(12) The charter may proYide the purposes for which the new county-wide goYernment or goyerning authori~ or any agency thereof may leYy taxes;

(13) The charter shall proYide for the method or methods by which

it may be amended. The General Assembly expressly reserYes the right

to amend any charter adopted pursuant to this .-\ct. The charter may

prmide for an additional method or methods by which the charter

may be amended and shall proYide for any amendments adopted by

any '

such

other

method

or

methods

to

be

filed

" ith

the

Secretan.

of

State so that they may be published in the GPmgia Laws,

(14) The charter shall proYide for the repeal of conflicting laws; and

(15) The charter may contain such other prmisions as are necessary and needful to achieYe the objecti\'es of consolidation of the goYernmen ts and functions of the Ci~ of Fitzgerald and Ben Hill Coun~ and the creation of a successor goyernment.

(c) The following additional proYisions shall go\'ern proceedings of the charter commission and any successor county-wide gmernment created by a charter drafted bY the commission:

(1) The charter commission is authorized to contract with any public or priYate institution or body for any special studies or assistance it deems necessary, subject to the limitation that any expenditure therefor shall be within the limits of the funds made aYailable to the commission by the respecti\'e goYerning authorities; and

(2) Any successor goYernment created and established shall, without the necessitv or formalitY of deed, bill of sale, or other instrument of transfer, be 'and become' the owner of all proper~, assets, and rights pre,iously belonging to the Ci~ of Fitzgerald and Ben Hill Coun~ and any other authorities or special service districts merged into the new government.

(d) The charter commission shall haYe all the powers of the superior courts to compel the attendance of witnesses before the commission and any of its committees, subcommittees, or adYisory committees; to compel

GEORGL-\ L\WS 1999 SESSIO'.'\

4405

witnesses to testify thereat; and to subpoena any person or entity and all such books, records, data, papers, documents, and other tangible items which may be deemed by the commission to be material to any question or issue deemed by it to be relernnt to the duties or prerogatiYes imposed upon or granted to the commission by this .-\ct. Such subpoenas shall be issued in the name of the commission, shall be signed by either the chairperson or the secretary of the commission, and shall be sened in the manner prmided by law for the serYice of subpoenas in chil cases pending in the superior courts. Witnesses subject to such subpoenas shall be entitled to the same compensation as witnesses attending superior court, which compensation shall be collected in the same manner as that of witnesses in the superior courts except that such compensation shall be paid from funds of the commission. Should any such subpoenaed person or witness fail or refuse to answer questions propounded or fail or refuse to produce any books, records, data, papers, documents, or other tangible items required to be produced by the commission, except upon a legal excuse which would relieYe such person of such obligation in a ciYil case pending in the superior court, the person so failing or refusing shall be guilty of contempt and may be cited by the commission to appear before a judge of the Superior Court of Ben Hill County. The judge of said court shall haYe the same power and jurisdiction to punish the person cited for contempt and to require and compel the attendance, the giYing of testimony, or the production of items as in cases of contempt committed in the presence of the court and as in cases pending before the court.
(e) :'.\otwithstanding any other proYisions of this .-\ct, the charter commission and the charter proposed by the commission and subsequently adopted may not:
(1) .-\lter or affect the status of the Ben Hill County School System or the Ben Hill County Board of Education or any proYision of the Constitution or laws of the State of Georgia by which the Ben Hill County School System is constituted, empowered, or presened or to transfer any of its powers, duties, or obligations;
(2) .-\lter or affect the status of the Fitzgerald and Ben Hill County DeYelopment .-\uthority or any proYisions by which such body is authorized or transfer any of its powers, duties, or obligations;
(3) .-\lter or affect the status of the Fitzgerald RedeYelopment Authority or any pro,isions by which such body is authorized or transfer any of its powers, duties, or obligations;
(4) Alter or affect the status of the De,elopment Authority of Ben Hill County, which was created and exists pursuant to Article IX, Section \ 1, Paragraph III of the Constitution of the State of Georgia of 1983, Chapter 62 of Title 36 of the Official Code of Georgia Annotated, and an actiYating resolution of the Board of Commissioners of Ben Hill County adopted on March 18, 1970, or any proYisions by which such body is authorized or transfer any of its powers, duties, or obligations;

4406 LOCAL A...'\JD SPECIAL ACTS A..'\JD RESOLCTIONS, VOL. II

(5) Impair or diminish any pension or retirement rights;

(6) Abolish the office of sheriff, clerk of superior court, judge of the probate court, or tax commissioner; or

(i) Impair or diminish any homestead or other exemptions from taxation now or hereafter existing under the Constitution of the State of Georgia.

(f) None of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to any municipality, school district, board of education, public authority, office of sheriff, clerk of superior court, or tax commissioner, pension rights, and homestead exemptions which existed prior to the adoption of this Act.

(g) The powers granted in this Act to the charter commission by the

General Assembh are remedial in nature and shall be liberallv construed

to effectuate their purpose.



SECTION 7.

During the course of its studies, the charter commission shall be required to hold at least three public hearings to determine the sentiment of the citizens of the City of Fitzgerald and Ben Hill County regarding the work of the charter commission. The charter commission shall cause the date, time, and place of each such hearing to be advertised in the official organ of Ben Hill County at least once a week for two consecutive weeks immediately preceding the date of said public hearing. The charter commission shall be authorized to hold more than three public hearings if it determines that additional public hearings are desirable, but all public hearings shall be ad\ertised as provided in this section.

SECTION 8.

(a) The charter commission shall complete its studies and shall prepare, complete, and file any proposed charter no later than May 1, 2000; provided, however, the above-described time period may be extended for such additional periods of time as may be authorized by a resolution duly adopted by the governing authority of the City of Fitzgerald and by a similar resolution being duly adopted by the gmerning authority of Ben Hill County and may also be extended by an Act of the General Assembly and shall be automatically extended for a period of time equal to the period of time that any proposed charter shall be under consideration by the United States Department of Justice or by any courts.

(b) Certified copies of the charter shall be filed by the charter commission with the clerks of the governing authorities of the City of Fitzgerald and Ben Hill County and shall be authenticated by the signature of the chairperson of the charter commission. Such copies shall be public records and shall be available for inspection or examination by any interested person.

GEORGI.-\ L--\WS 1999 SESSION

4407

(c) The charter commission shall also furnish or make a\'ailable a copy of the charter to e\'ery daily or weekly newspaper published in Ben Hill County and to each radio or tele\'ision station operating within the county. The commission shall take such other steps, within the limitation of its a\'ailable funds, as it deems reasonable and appropriate to inform the public throughout the county of the contents of the proposed charter and the effects of its adoption. The charter commission shall also cause a smnmary of the proposed charter to be printed in pamphlets or booklets and made a\'ailable for general distribution throughout the county.
(d) The charter commission is authorized to adopt such rules and regulations as it deems necessary or desirable to carry out its powers and perform its duties and functions as pro\'ided in this .-\ct.
(e) Follmdng appro\'al of the proposed charter by resolution duly adopted by the go\'erning authority of the City of Fitzgerald and by a similar resolution duly adopted by the go\'erning authority of Ben Hill County, the charter commission shall present the proposed charter for re\'iew by the Cnited States Department ofJustice as may be required by law. The failure of any proposed charter submitted by the charter commission to the Department ofJustice to obtain preclearance by the Department ofJustice shall not pre\'ent the charter commission from re\'ising said charter in a manner so as to enable the proposed charter to meet Department of Justice objections with respect thereof, and the charter commission is empowered to redraft any such proposed charter in such manner so as to meet requirements for the Department ofJustice's appro\'al in the e\'ent that any initial proposed charter fails to obtain Department of Justice apprmal; prmided, howe\'er, that any re\'ised proposed charter shall be apprmed by resolution duly adopted by the go\'erning authority of the City of Fitzgerald andby similar resolution of the gmerning authority of Ben Hill Count\'.
SECTION 9.
(a) Following appro\'al of the proposed charter by the go\'erning authorities of the City of Fitzgerald and Ben Hill County as prmided in Section 8 of this .-\ct, the charter commission shall submit a certified copy of the proposed charter to the election superintendent of Ben Hill County, and it shall be the duty of such superintendent to call and hold a referendum election for ratification or rejection of the proposed charter as pro\'ided in Section 10 of this .-\ct.
(b) The charter commission shall be abolished by operation of law at midnight of the day the results of the special referendum election on the proposed charter become final and effecti,e pursuant to the laws of the State of Georgia.
SECTION 10.
(a) As soon as practicable after receipt of the certified copy of the proposed charter and after receipt of preclearance, or the usual notice of

4408 LOCAL A..'l\'D SPECIAL ACTS .-\.'\'D RESOLCTIO'.\'S, \'OL. II
no current objections, by the Cnited States Department ofJustice of such proposed charter, it shall be the duty of the election superintendent of Ben Hill County to call a special election for approYal or rejection of the proposed charter. The election superintendent shall set the date of the election for the earliest date therefor permissible under general law falling on or after the date of the general election to be held in '.\'owmber, 2000. The election superintendent shall cause the date and pw:pose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official organ of Ben Hill County. The ballot shall ha,e written or printed thereon the following:
YES Shall the charter reorganizing and consolidating the goYernments of the City of Fitzgerald and Ben Hill County and creating a single county-wide goYernment to supersede and replace those goYernments be approYed~
(b) All persons desiring to Y0te for approYal of the charter shall rnte "\'es, .. and those persons desiring to Yote for rejection of the charter shall ,ote ":'\o." The Yotes cast on such question by the qualified rnters of Ben Hill County residing within the corporate limits of the City of Fitzgerald and the rntes cast on such question by the qualified Yoters of Ben Hill County shall be counted separately. If more than one-half of the Yotes cast by the qualified Yoters of Ben Hill County residing "ithin the corporate limits of the City of Fitzgerald are for apprmal of the charter and if more than one-half of the total ,otes cast by the qualified Yoters residing within the unincorporated areas of Ben Hill County are for approYal of the charter, then the charter shall become effectiYe. Otherwise, it shall be Yoid and of no force and effect. The expense of such election shall be borne equally by the City of Fitzgerald and Ben Hill County.
(c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," except to the extent specifically proYided otherwise by this Act.
(d) A qualified rnter, as used in this Act, shall mean a rnter of Ben Hill County qualified to Yote for members of the General Assembly of Georgia. The election superintendent shall certif\ the returns to the Secretary of State. The election superintendent shall also furnish a certified copy of the charter to the Secretan- of State. The Secretan of State shall issue his or her proclamation showing and declaring the result of the election on the approYal or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be deliYered to the secretary or clerk of the goYerning authority of the City of Fitzgerald, who shall attach thesame to the copy of the charter preYiously certified to him or her. One copy of the proclamation shall be deliYered to the clerk of the goYerning authority of Ben Hill County, who shall attach the same to the copy of the charter preYiously certified to him or her.

GEORGL-\ L\WS 1999 SESSIO!'\

4409

(e) \-\11eneYer a charter for the consolidation of the goYernments of the City of Fitzgerald and Ben Hill County has been adopted, the aboYecertified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter of the consolidated gmernment for all purposes. The certified copy of the charter and proclamation deposited with the secretary of the goYerning authority of the City of Fitzgerald and the certified copy of the charter and proclamation deposited with the clerk of the goYerning authority of Ben Hill County shall subsequently be deliYered by them to such officer of the successor goyernment. The successor goYernment may issue certified copies of the charter and any copy so certified shall be deemed a duplicate original copy of the charter of the consolidated goyernment for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file with him or her, and copies so certified by him or her shall be deemed duplicate original copies of the charter of the consolidated goYernment for all purposes.
SECTION 11.
In the eYent the proposed single county-wide goyernment charter is approyed by rnters as proYided in Section 10 of this Act, an election shall be held in accordance with the proYisions of the charter to elect the members of the gmerning authority of the county-wide goYernment. Cpon the election of the members of the goyerning authority and their taking office as the goyerning authority of the county-wide goYernment, the existing gmernments of the City of Fitzgerald and Ben Hill County shall stand abolished, all in accordance \\ith the proYisions of the charter of the new county-wide gmernment.
SECTION 12.
This .-\ct shall become effectiYe upon its approYal by the GoYernor or upon its becoming law without such apprornl.
SECTION 13.
All laws and parts of laws in conflict with this .-\ct are repealed.
-
Resolution
BE IT RESOLVED by the Mayor and Council for the City of Fitzgerald, Georgia, acting in meeting duly assembled, that Representati,e '.\iewt Hudson and Senator Van Streat are hereby requested to introduce legislation in the 1999 Georgia General Assembly, for the creation of a charter commission to prepare, present and sponsor a proposal for the consolidation of the City of Fitzgerald and Ben Hill County, Georgia, with said legislation to include the following prmisions:
1. The charter commission shall consists of 27 members, including 10 members to be named b\' the MaYor and Council of the Cit\ of Fitzgerald, 10 members to be 'named b; the Board of Commissione,:s of

4410 LOCAL A.,D SPECL\L ACTS AXD RESOLCTIO!'\S, \'OL. II
Ben Hill County, Georgia, 4 ex-officio members consisting of the ~layor of the City of Fitzgerald, the City Administrator of the City of Fitzgerald, the Chairman of the Board of Commissioners of Ben Hill County, Georgia, and the County Administrator of Ben Hill County, Georgia, and 3 additional members to be selected by the foregoing 24 members.
2. The city attorneys for the City of Fitzgerald and the county attorneys for Ben Hill County, Georgia, shall sen-e as legal counsel for said charter commission. In addition, the charter commission shall utilize the resources a,ailable for any public or pri,ate institution or body with respect to the formulation of the charter for the new consolidated goYernment, and with respect to such other sen-ices as the charter commission deems appropriate.
3. The local legislation should authorize the charter commission:
a. to prepare a proposed charter for the consolidated gmernments of Fitzgerald and Ben Hill County, to be submitted upon approYal of the goYerning bodies of the City of Fitzgerald and Ben Hill County, but without further approYal of the Georgia General Assembly, to the Yoters of said city and county.
b. to recehe such appropriations as the City of Fitzgerald and Ben Hill County may deem appropriate on a fifty-fifty basis as well as any grants, and to expend said funds for the purposes for which the charter commission is created.
c. on behalf of the City and County, to request and obtain pre-clearance of the proposed consolidation and procedures pertaining to the approYal of the same, from the Cnited States Department ofJustice and to otherwise comply with the requirements of the Yoting Rights Act of l 9i0, as amended.
d. to set the dates of elections in the city of Fitzgerald and in Ben Hill County, Georgia, for the approYal or rejection of the proposed consolidation after apprmal by the City of Fitzgerald and Ben Hill CountY.
e. to disseminate to the general public information regarding the proposed consolidation, and to engage in such acthities as the charter commission deems necessary or appropriate to encourage the adoption of the consolidation proposal.
f. to engage in such other actiYities as the commission deems necessary or appropriate, in furtherance of the foregoing purposes.
The consolidation, if separately approYed by the rnters of the City of Fitzgerald and the rnters of Ben Hill County, Georgia shall become effectiYe on the first day of January next following such apprornls.

GEORGL\ L\\\'S 1999 SESSION

4411

This 10th day of August, 1998.

\otes for:

i

\otes against: 1

Abstained:

0

.\pprmed: s/ Gerald Thompson :VlaYor

Attest: s/ Linda T. Saunders CitY Clerk

RESOLCTIO~

BE IT RESOLVED by the Ben Hill County Commission Georgia acting in meeting duly assembled, that Representathe ~ewt Hudson and Senator Van Streat are hereby requested to introduce legislation in the 1999 Georgia General Assembly, for the creation of a charter commission to prepare, present and sponsor a proposal for the consolidation of the City of Fitzgerald and Ben Hill County, Georgia, with said legislation to include the following proYisions:

I. The charter commission shall consist of 2i members, including 10 members to be named by the \fayor and Council of the City of Fitzgerald, 10 members to be named b, the Board of Commissioners of Ben Hill County, Georgia, 4 ex-officio members consisting of the :Vlayor of the City of Fitzgerald, the City ..\dministrator of the City of Fitzgerald, the Chairman of the Board of Commissioners of Ben Hill County, Georgia, and the County Administrator of Ben Hill County, Georgia, and 3 additional members to be selected by the foregoing 24 members.

2. The city attorneys for the City of Fitzgerald and the county attorneys for Ben Hill County, Georgia, shall sen-e as legal counsel for said charter commission. In addition, the charter commission shall utilize the resources arnilable for any public or priYate institution or body with respect to the formulation of the charter for the new consolidated gmernment, and with respect to such other senices as the charter commission deems appropriate.

3. The local legislation should authorize the charter commission:

a. to prepare a proposed charter for the consolidated goYernments of Fitzgerald and Ben Hill County, to be submitted upon apprO\al of the gmerning bodies of the City of Fitzgerald and Ben Hill County, but without further apprO\al of the Georgia General Assembly, to the Yoters of said city and county.

b. to receiYe such appropriations as the City of Fitzgerald and Ben Hill County may deem appropriate on a fifty-fifty basis as well as any grants, and to expend said funds for the purposes for which the charter commission is created.

4412 LOCAL A..'\'D SPECIAL .-\CTS .-\..'\'D RESOLCTIO:'.\:S, \'OL. II
c. on behalf of the City and County, to request and obtain pre-clearance of the proposed consolidation and procedures pertaining to the approYal of the same, from the Cnited States Department ofJustice and to otherwise comply with the requirements of the \"Oting Rights .-\ct of 19i0, as amended.
d. to set the dates of elections in the CitY of Fitzgerald and in Ben Hill County, Georgia, for the approYal or rejection of the proposed consolidation after approYal by the City of Fitzgerald and Ben Hill CountY.
e. to disseminate to the general public information regarding the proposed consolidation, and to engage in such actiYities as the charter commission deems necessary or appropriate to encourage the adoption of the consolidation proposal.
f. to engage in such other actiYities as the commission deems necessary or appropriate, in furtherance of the foregoing purposes.
The consolidation, if separateh approYed by the Yoters of the City of Fitzgerald and the rnters of Ben Hill County. Georgia, shall become effectiYe on the first day of January next followiing such approYals.
Chairman: s/ W. Tim Raynor
Attest: s/ Paula J. Jones
='-iOTICE OF l'.\TE:'.\'TIO:\' TO l:\'TRODCCE LOCAL LEGISL--\TIO:\'
:\'otice is giYen that there ,\'ill be introduced at the regular 1999 Session of the General Assembly of Georgia a bill to create and establish the Fitzgerald-Ben Hill County Charter Commission: to proYide that such commission shall be authorized to study matters relating to the establishment of a single county-wide goYernment and to draft a proposed charter creating a single county-wide goYernment. to proYide for related matters, to repeal conflicting laws: and for other purposes.
This 19th day of February, 1999.
Gerald \-1. Thompson, '.\Iayor of the City of Fitzgerald
Tim Raynor, Chairman Board of Commissioners of Ben Hill County
GEORGI.-\, FCLTO:\' COC:\'TI'
Personally appeared before me, the undersigned authority. duly authorized to administer oaths, :\'ewt Hudson, who on oath deposes and says that

GEORGL\ L-\WS 1999 SESSIO!'\

4413

he is the Representati\e from the 156th District and further deposes and saYs as follows:
( 1) That the attached '.'-:otice of Intention to Introduce Local Legislation was published in the Herald-Leader which is the official organ of Ben Hill County on the following date: February 2-1, I999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise prmided to the gO\erning authority of any county, municipality, or consolidated gO\ernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-1-1.
.L The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill was requested by resolution or other written notification of the gO\erning authority of the affected county, municipality, or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated gmernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-1.1.
s/ '.\:WT HCDSO!'\ RepresentatiYe, 156th District
Sworn to and subscribed before me, this 3rd day of '.\larch, 1999.
s/ TERESA .-\DKI'.\:S :--Jotary Public, Clayton County, Georgia '.\-ly Commission Expires Jan . 5, 2001 (SEAL)
Apprmed ..\pril 16, 1999.

DOCGL.\S COC'.\:TY ..\IRPORT ..\CTHORITY - SITE SELECTIO'.\:; REFERE:\'DC'.\I.
'.\:o. 192 (House Bill '.\:o. 902).
A'.\: ..\CT
To amend an ..\ct creating the Douglas County ..\irport Authority, apprmed '.\larch 29, 1983 (Ga. L. 1983, p . -1578), so as to proYide for apprmal of the

4414 LOC.-\L .--\..,D SPECIAL .-\CTS .--\.."iD RESOLCTIO:\'S, \'OL. II

authority's site selection for an airport by referendum; to proYide that no construction relating to an airport shall be begun unless the site has been apprO\ed by referendum; to proYide for procedures for conducting such referendum; to prO\ide for related matters; to repeal conflicting laws; and for other purposes.

BE IT E:\'.-\CTED BY THE GE:\'ER\L .--\SSDIBLY OF GEORGI.--\:

SECTION 1.

.-\n .-\ct creating the Douglas County Airport Authority, approYed :\larch 29, 1983 (Ga. L. 1983, p. 45 78), is amended by inserting a new section to be designated Section 36 to read as follows:

"SECTIO:\' 36.

(a) :\'otwithstanding any other proYision of this .-\ct, before the authoritY begins any construction relating to an airport, the authority's selection of a site for an airport shall be apprO\ed by the electors of the county in a referendum called for such purpose. Such a referendum shall be conducted in accordance with the proYisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'

(b) .--\fter the authority has selected a site and unless prohibited by the federal Voting Rights .--\ct of 1965, as amended, the election superintendent of Douglas County shall call and conduct an election as proYided in this subsection for the purpose of submitting the site selection to the electors of Douglas County for apprO\al or rejection. The election superintendent shall conduct that election on a date permissible under Code Section 21-2-540 of the O.C.G..--\. at least 29 daYs after the call for the election and shall issue the call and conduct that election as proYided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for nrn weeks immediately preceding the date thereof in the official organ of Douglas County. The ballot shall haYe written or printed thereon the words:

'( ) YES

Shall the site selected by the Douglas County Airport .--\uthority at (insertaddress or location description for site) be approYed for construction relating to an airport:-

.--\ll persons desiring to Yote for approYal of the site shall rnte "\es, and those persons desiring to rnte for rejection of the site shall Yote ':\'o. If more than one-half of the Yotes cast on such question are for approYal of the site, the authority may proceed "ith construction relating to an airport immediately at such site . If the site is not so approYed or if the election is not conducted as proYided in this subsection, the authority may not proceed with construction relating to an airport at such site.

The expense of such election shall be borne by Douglas County...

GEORGIA LAWS 1999 SESSION

4415

SECTION 2.
All laws and parts of laws in conflict "ith this Act are repealed.
~OTICE OF II\TE!\'TIO:': TO I!\'TRODCCE LOCAL LEGISLATIO!\'
!\'otice is gi,en that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act establishing the Douglas County Airport Authority, approYed March 29, 1993 (Ga. L. 1983, p. 45i8), so as to proYide for approYal of a site selection by referendum; to pro,ide for reference apprmal of the issuance of reYenue bonds; to proYide for related matters; to repeal conflicting laws; and for other purposes.
This 23rd day of February, 1999.
Honorable Bob Snelling Representathe, 99th District
GEORGIA, FULTO!\' COC!\'TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Snelling, who on oath deposes and says that he is the RepresentatiYe from the 99th District and further deposes and says as follows:
(I) That the attached Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County on the following date: February 25, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goyerning authority of any county, municipality, or consolidated goyernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of sub~ection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goyerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated goYernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published,

4416 LOCAL .-\...."\iD SPECIAL ACTS .-\...."\iD RESOLL'TIO~S. \'OL. II
as required by Code Section 28-1-1-U.
s/ BOB S~ELLI~G RepresentatiYe, 99th District
Sworn to and subscribed before me, this 4th day of \.-larch, 1999.
s/ TERESA .-\DKI'.\/S ~otary Public, Clayton County, Georgia :Vly Commission Expires Jan. 5, 2001 (SEAL)
ApproYed .-\pril 16, 1999.
CATOOSA COL'~TY - BOARD OF L'TILITY co~nHSSIO~ERS.
~o. 193 (House Bill ~o. 903) .
.-\....'\ .-\CT
To amend an .-\ct entitled .-\.n .-\ct creating a board of utilities commissioners for Catoosa County," apprmed \.-larch 17, 1956 (Ga. L. 1956, p. 3499), as amended, so as to strike and reYise such .-\ct and amendatory .-\cts; to prmide for definitions; to proYide for the election of members of the board; to proYide for salaries; to proYide for organization and rules; to prmide for yacancies; to prmide for purposes; to prmide for powers and duties; to proYide for financing of projects; to proYide for reYenue bonds; to proYide for trust indentures and sinking funds; to pro,ide for jurisdiction, Yenue, and remedies; to proYide for rnlidation; to proYide for certain trust funds; to prmide for audits; to prmide for certain tax exemptions; to proYide for supplemental powers; to proYide for seYerability; to pro,ide for other matters; to repeal conflicting la\\s; and for other purposes.
BE IT E~.-\CTED BY THE GE~ER.-\L .-\SSE:\'1BLY OF GEORGIA
SECTION 1.
.-\.n .-\ct entitled An .-\ct creating a board of utilities commissioners for Catoosa County,' approYed \.-larch 17, 1956 (Ga. L. 1956, p. 3499), as amended, is amended by striking in their entirety such .-\ct and all such amendatory .-\cts and inserting in lieu thereof the following:
"SECTIO~ 1.
Creation of the authority; membership.
(a) There is created a body corporate and politic, to be known as the Catoosa L'tilitY District .-\uthoritY, which shall be deemed to be a political subdiYision of the state and a pt;blic corporation and by that name, style, and title said bod\' may contract and be contracted with, sue and be sued,

GEORGI.--\ L-\WS 1999 SESSIO:'.\I

44li

implead and be impleaded, and complain and defend in all courts of law

and equity, except that the authority or the trustee acting under any trust

indenture shall in no eYent be liable for a1w torts committed bY its

officers, agents, or employees.

,

,

(b) (1) As used in this section, the term 'consumer of authoritY sen-ices means an indi,idual named on a utilitY account or his or he; spouse or, if the account is a corporation, on~ representatiYe of the corporation.

(2) The authoritY shall consist of fiye residents of Catoosa Count\,
each of \\hom sh~II be a qualified rnter of Catoosa County, at least i's
years of age, a freeholder, and a consumer of authority sen-ices. Members shall be elected bY consumers of authoritY sen-ices as proYided in this section.

(3) The authority shall hold a meeting on the first Tuesday in October of the year preceding the year in which any member's term is ended for the purpose of electing a successor. The authority shall cause a public notice of the date, time, and place of such meeting to be published in the legal organ of Catoosa County once during the first week in September. Any person ,rho is otherwise qualified to serYe as a member of the authority may qualify for election by filing a \\Titten notice of candidacy, together with proof that such person is a consumer of authority sen-ices, during normal business hours from September 1 through September 15 preceding the meeting at which the election is held. Only those persons \\ho submit a \\Titten notice of candidacy shall be eligible for election at such meeting.

(4) If a Yacancy on the authority occurs, the secretary-treasurer of the authority shall call a special election not more than 30 nor less than 60 days after the Yacancy occurs. Qualification for such election shall be in the same manner as proYided in paragraph (3) of this subsection and shall be from the fifteenth day through the thirtieth day preceding the election.

(5) On the date of the meeting c~lled for the election of members of the authority, the period for casting a rnte shall begin at 1:00 P.:VL and end at 6:00 P.\1. \'oting shall be bY secret ballot, and only the names of duly qualified candidates shall appear on the ballot. Each consumer of authority serYices shall haYe one Yote regardless of the number of accounts he or she ma, haYe. General business ma\' be conducted at the beginning of the 1~1eeting after 5:00 P.\il., but ' no rntes shall be counted until 6:00 P.\1. Candidates shall be elected by majority rnte . If any candidate fails to receiYe a 1rntjority of the \"Otes cast, a run-off election shall be held ,rithin t\rn \\eeks of the initial election in the same manner as the initial election, except that the call for the run-off election shall be issued immediately following the rnte count and only the names of the t\rn persons receiYing the highest number of \'Otes shall be on the ballot.

-1418 LOCAL A:'\D SPECIAL ACTS .-\.'\D RESOLCTIO:--:S, \'OL II
(6) The members serYing on the board of utilities commissioners on the effectiYe date of this Act shall continue to sen-e until the end of their terms. Their successors shall ser\'e terms of six Years. \lembers shall be eligible for reelection; prmided, howeYer, that.no person shall ser\'e more than two full terms. A member of the authoritY ma\' be remoYed for just cause by the rnte of other members of the ~uth~rity.
(c) The chairperson of the authority shall receiYe as compensation the amount of S550.00 per month and all other members shall recei,e as compensation the amount of S450.00 per month for attending all meetings held in any month.
(d) The authority shall ha\'e full power to organize, adopt rules for its gmernment, and generally to direct the affairs of the authority. :--:o Yacancy on the authority shall impair the power of the authority to exercise all of the rights and powers of and perform all of the duties and obligations of the authority.
(e) The chairperson of the authority shall be a member elected by the membership of the authority.
(f) A majority of the members in office shall constitute a quorum . The authority shall haYe perpetual existence; proYided, howe\'er, that nothing contained in this Act shall preclude the General Assembly of Georgia from amending this Act.
SECTIO'.\; 2.
Purpose of the authority.
Without limiting the generality of any proYisions of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating adequate water supply, treatment, and disposal facilities; making such facilities and the sen-ices thereof a\'ailable to public and prhate consumers and users, wholly within or outside the boundaries of Catoosa County, or partially within and partially outside said boundaries. The powers and duties of the authority shall extend throughout the boundaries of Catoosa County as fully and in the same manner as the powers and duties of the board of utilities commissioners of Catoosa Count\' mer the Catoosa CtilitY District on June 30, 1999, as the same was defined by resolutions of th~ Commissioner of Roads and ReYenues of Catoosa County on M:arch 25, 1946, and on April 21, 1946; proYided, ho,\'eYer, that it shall not own or operate any sewer system, including, but not limited to, all easements, pipes, manholes, fixtures, lines, connections, caps, and all appurtenances and apparatus used in connection with the sewage systems in the following geographic area:
BEGl~'.\;J::--.;G at the intersection of Walker County line and the crest of Boynton Ridge; thence running in a northwardly direction following

GEORGI.-\ L-\\-\'S 1999 SESSIO::\

-l-119

the meanderings of the crest of Boynton Ridge to its intersection with Interstate i5; thence running in a northwestward)~- direction along Interstate i5 to the Tennessee State line, including the sewer collector systems connected to the East Ridge Sewer System which may be c01weyed to Catoosa County from the City of East Ridge, Tennessee at some future date. This geographic area includes, but is not limited to the sewage collector systems located in '1Iitchell Acres Subdi,ision, '1IcDonald Acres Subdi\ision, Duncan Park Subdi,ision, Roadway Express, '1larket Place '1lall, Wofford Street, '1laple Street, LakeYie,~DriYe, Steele Estates SubdiYision, Broohail SubdiYisions I and II, Carroll Dri\'e, Karen Dri\e, Bible Road, The Roadway Pumping Station, the Catoosa Properties Limited Collector Systems, and all other collector and pumping systems located in the geographic area defined herein.
SECTIO::\ 3.
Definitions .
.-\s used in this .-\ct, the term:
( 1) 'Authority' means the Catoosa L' tility District Authority created by Section 2 of this .-\ct.
(2) cost of the project' shall embrace the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all 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, administrati\'e expenses, and such other expenses as may be necessary or incident to the financing authorized in this .-\ct, the cost of the acquisition or 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 a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of re,enue bonds issued under the pro\'isions of this .-\ct for such project.
(3) 'Project' means and includes the acquisition, construction, and equipping of systems, plants, works, instrumentalities, and properties used or useful in connection with the obtaining of a water supply and the conser\'ation, treatment, distribution, and sale of water for public and pri\'ate uses 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, resen-oirs, generating stations, and other water mains, filtration works, pumping stations, and equipment.

4420 LOCAL .--\..1\,;D SPECIAL ACTS A'\'D RESOLCTIO:'\S, \'OL. II
(4) 'ReYenue bonds and 'bonds' mean re,enue bonds as defined and proYided for in the 'ReYenue Bond Law," as now or hereafter amended, and in addition all types of obligations of the authority the issuance of which are specifically proYided for in this .-\ct.
(5) 'ReYenue Bond Law means Article 3 of Chapter 82 of Title% of the Official Code of Georgia Annotated, the 'ReYenue Bond Law," as now or hereafter amended.
(6) 'Self-liquidating means that the re,enues and earnings to be deriYed by the authority from a project and all properties used, leased, and sold in connection there,,ith will be sufficient to pay the cost of operating, maintaining, repairing, improYing, and extending the project and to pay the principal of and interest of the reYenue bonds ,,hich may be issued to finance, in whole or in part, the cost of such project or projects.
SECTIO:'\ 4.
Powers.
The authoritY shall haYe the follmdng powers:
(1) To haYe a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, gift, or othendse and to hold, lease, and dispose of real and personal propertY of eYery kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, on st1ch terms and conditions and in such manner as it may deem proper. or by condemnation in accordance \dth the proYisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or conYenient 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 am manner it deems to the best adYantage of the authority. The authority shall be under no obligation to accept and pay for an~ property condemned under this .-\ct except from the funds proYided under the authority of this .-\ct, and in any proceedings to condemn, such orders may be made by the court haYing jurisdiction of the suit, action, or proceedings as may be just to the authority and to the mrners of the property to be condemned, and no property shall be acquired under the proYisions of this .--\ct 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 Yalue of such lien or encumbrance; and if the authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the state, the Gmernor is herebY authorized to comey, for and

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on behalf of the state, title to such lands to the authority upon payment to the state treasurer for the credit of the general fund of the state of the reasonable ,alue of such lands in accordance with the applicable laws of the state; and if the authority shall deem it expedient to construct any project on any other lands the title to which shall then be in Catoosa County, the board of commissioners is hereby authorized to conYey title to such lands to the authority upon receipt of reasonable consideration therefor as determined by the parties to such co1l\'eyance;
(4) To enter into an agreement with the goYerning authority of Catoosa County and any municipalities therein, with respect to acquiring a source of water supply. 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 system, pro,iding for the testing and inspection of facilities constructed, proYiding for rates to be charged for water serYices furnished to users of the system, proYiding for the reading of meters and keeping of pertinent records. apportioning or designating the responsibility for any functions normalh- maintained by a water system, proYiding for the ownership of the Yarious facilities constructed or acquired. and proYiding for such other matters or contingencies as might be necessary or desirable in order to secure for Catoosa Count\.' a satisfactor\.' and reliable water S.\'stem at the most reasonable cost possible;
(5) To appoint. select, and employ such officers. agents, and employees as shall be necessary in the judgment of the authority to accomplish the purposes of the authority, including engineering, architectural, and construction experts, fiscal agents, and attorneys; to fix their respectiYe compensation; and to proYide for pension and retirement and insurance plans for these officers, agents. and employees. The authoritY ma\' require bond of any person handling funds of the authoritY;
(6) To make contracts and leases and to execute all instruments necessary or conYenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which the authority causes to be erected or acquired. Any and all persons, firms, and co1-porations, the state, and any and all consolidated gmernments, political subdiYisions, 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 adYisable. Without limiting the generality of the foregoing prmisions of this paragraph, authoritY is specifically granted to consolidated goyernments, municipal corporations, and counties and to the authority to enter into contracts, lease agreements, or other undertakings relati\e to the furnishing of water or sewerage

4422 LOCAL ..\...'\D SPECIAL ACTS ..\...'\D RESOLCTIO:\S, \ 'OL. II
senices and facilities, or both, by the authority to such consolidated goYernments, municipal corporations, and counties and by such consolidated goYernments, municipal corporations, and counties to the authority for a term not exceeding 50 years. As to any consolidated gmernment, political subdiYision, department, institution, or agency of this state which shall enter into an agreement under the authority granted in this paragraph or in paragraph (-!) of this section. the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be pledged;
(i) To construct, erect, acquire, own. repair, remodel, maintain. add to, extend, improYe, equip, operate, and manage projects, as defined in paragraph (3) of Section 3, the cost of any such project to be paid, in whole or in part, from the proceeds of reYenue bonds of the authority or from such proceeds and any grant from the Cnited States of America or any agency or instrumentality thereof or from the State of Georgia or any agency, instrumentality, consolidated goyernment. or political subdiYision thereof;
(8) To make loans with and accept grants of money or materials or property of any kind from the C nited States of .--\merica or any agency or instrumentality thereof upon such terms and conditions as the Cnited States of America or such agency or instrumentality may impose;
(9) To make loans with and accept grants of money, materials, or property of any kind from the State of Georgia or any agency, instrumentality, consolidated goyernment, or political subdiYision thereof upon such terms and conditions as the State of Georgia or such agency, instrumentality, consolidated gmernment, or political subdi,ision may impose;
(10) To borrow money for any of the authority's corporate purposes and to execute eYidences of such indebtedness and to secure the same and to issue negotiable reYenue bonds payable solely from funds pledged for that purpose and to proYide for the payment of the same and for the rights of the holders thereof;
(11) To exercise any power usually possessed by priYate corporations performing similar functions, including the pm\"er to make short-term loans and to approYe, execute, deliYer, or accept appropriate eYidence of any such indebtedness; proYided, howeYer, that no such power is in conflict with the Constitution or general la,\"s of this state;
(12) The authority and any trustee acting under any trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority

GEORGIA L\WS 1999 SESSJQ:,..;

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was created, except as such right and power might be limited as prmided in Section 21 of this Act;
(13) Except as otherwise prmided in this ..\ct, the authority may exercise any of its powers or prmide any of its senices inside the boundaries of any local goYernment within Catoosa County and, when authorized by contract with the gmerning authority thereof, within the limits of another municipality or county;
(14) The authority shall further haYe full and plenary power and duty to make and enforce rules and regulations for the management and operation of the water and sewerage systems which now exist and as hereafter added to. extended, or improYed by any project or projects constructed under the proYisions of this Act; to prescribe, fix, and collect rates, fees, tolls. or charges and to reYise from time to time and collect such rates, fees, tolls, or charges for the serYices, facilities, or commodities furnished, including leases, concessions, or subleases of its lands and facilities, and to determine at what price its lands or facilities may be sold; and, in anticipation of the collection of the reYenues of such undertaking or project, to issue re,enue bonds as prmided in this Act to finance in whole or in part the acquisition, construction, reconstruction, improYement, betterment, or extension of its lands and facilities; and to pledge to the punctual payment of the bonds and interest thereon, all or any part of the reYenues of such undertaking or project, including the re,enues of improYements, betterments, or extensions thereto; and to classify and differentiate such rates, fees, tolls, or charges in any reasonable manner, including, but not limited to, small, intermediate and large consumers and industrial, commercial, and residential consumers and. with respect to sewer rates, according to the anlount of suspended solids and the biological oxygen demand of sewerage users. Additionally, and not in limitation of the foregoing, the authority, in fixing water or sewerage rates, or both, shall be fully authorized and empowered to comply with any state or federal Acts and any lawful regulations adopted pursuant to any such Act. As a limitation of the power of the authority, howe,er, if at any time there are issued and outstanding re,enue bonds for the payment of which the reYenues of the authority are pledged. the authoritY shall make no decrease in rates for water and sewer senice which \\ill in any way impair the obligations contained in the reYenue bonds;
(15) The authority shall further haYe the power to acquire insurance for its property, its authority members, and its officers and employees, including but not limited to fire, wind, storm, extended coYerage insurance, and Yehicular liability insurance; all other types of liabilitY insurance; casualty insurance, fidelity insurance, comprehensiYe insurance, public officials' liability insurance, general public liability insurance coYering all hazards, group life insurance, group accident

-!--!2--1- LOCAL .-\.'\D SPECIAL .-\.CTS .-\.'\D RESOLL'TIO.'\S, \'OL. II
insurance, group health insurance, group hospitalization insurance, group medical insurance, or any combination thereof: together with any and all other types of insurance on its property, officers. authority members, and employees as the authority in its judgment and discretion deems meet and proper in the conduct of its business: and on such terms and conditions and in such amounts as the authoritY deems appropriate in its judgment and discretion: and with the payment of premiums and charges therefor. together \\ith any other costs incident thereto, to be paid in whole or in part b, the authority and out of the general funds of the authority as the authority may determine:
(16) The authority is further authorized and empowered to adopt rules and regulations prmiding for the suspension of sen-ice to delinquent customers. The authority, through its executhe director, or such other employees as the authority designates. shall haYe the right and power to issue executions for any past due charges. which executions 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 haYing the same attributes. rights, and powers as to collection and foreclosure thereof as an execution for unpaid ad Yalorem taxes of the State of Georgia or the County of Catoosa: proYided, howe,er, that no such lien shall exist as to third parties until execution therefor shall h,n-e been issued by the authority and placed upon the general execution docket of the Superior Court of Catoosa County. In the eYent that sewerage sen-ice is discontinued pursuant to this section, the appropriate health authorities shall be immediately notified:
(17) The authority shall further haYe the right and power to purchase, install, construct, repair, and replace fire hnlrants on public property, together with all needful and necessary accessories and adjuncts thereto, in connection with existing or new water lines or mains of the authority and to defray and pay for any part or all of the cost and expense thereof, labor. material, and otherwise, utilizing any a,ailable funds of the authority therefor: and
(18) To do all things necessary or conYenient to carry out the powers expressly giYen in this .-\ct.
SECTIO.'\ 5.
Re,enue bonds.
The authoritY, or am authorit\ or bod, which has or ,rhich maY in the future succeed to the powe;s, duties, and liabilities ,ested . in the authority created in this .-\ct, shall haYe power and is authorized at one time, or from time to time, to borrow money for the purpose of paYing all or any part of the cost, as defined in this .-\ct, of any one or more

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projects and to proYide by resolution for the issuance of negotiable reYenue bonds for that purpose. The principal and interest of such reYenue bonds shall be payable solely from the special fund proYided in this section for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not to exceed the maximum limit prescribed in the ReYenue Bond Law, 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 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 proYiding for the issuance of the bonds.
SECTIO:\' 6.
ReYenue bonds; form; denominations; registration; place of payment.
The authoritY shall determine the form of the bonds and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in registered form or in book entry form through a securities depository, or both, as the authority maY determine.
SECTIO:\' 7.
ReYenue bonds; signatures; seal.
...\11 such bonds shall bear the manual or facsimile signature of the chairperson of the authority and the attesting manual or facsimile signature of the secretary of the authoritY, and the official seal of the
authority shall be affixed thereto or a facsimile of such seal shall appear
thereon . ...\.ny bond may be signed, sealed, and attested to on behalf of the authoritY by the manual or facsimile signature of such persons as at the actual time of the execution of such bonds shall be duh- authorized or hold the proper office, although at the date of such bonds such persons may not haYe been so authorized or shall not haYe held such office. In case any officer whose signature shall appear on any bonds or "hose facsimile signature shall appear on any coupon shall cease to be such officer before the deliYery of such bonds, such signature shall neYertheless be Yalicl and sufficient for all purposes the same as if he or she had remained in office until such deliYen.
SECTIO:'\ 8.
ReYenue bonds; negotiability; exemptioH from taxation .
...\11 reYenue bonds issued under the prmisions of this ...\ct shall haYe all the qualities and incidents of negotiable instruments under the laws of the State of Georgia. Such bonds are declared to be issued for essential

4426 LOCAL .-\...'\iD SPECIAL ACTS .-\...,D RESOLLTIO'.':S, \'OL. II
public and goYernmental purposes, and the bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state.
SECTIO'.': 9.
ReYenue bonds; 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, including, without limitation, pri,ate negotiated sale, and the proceeds denied from the sale of such bonds shall be used solely for the purpose pro,ided in the proceedings authorizing the issuance of such bonds.
SECTIO'.': 10.
ReYenue bonds; interim receipts and certificates or temporary bonds.
Prior to the preparation of definitiYe bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds. with or without coupons, exchangeable for definithe bonds upon the issuance of the latter.
SECTIO'.': 11.
ReYenue bonds; replacement of lost or mutilated bonds.
The authority may also proYide for the replacement of any bond which shall become mutilated or be destroYed or lost.
SECTIO'.': 12.
ReYenue bonds; conditions precedent to issuance; object of issue.
Such reYenue 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. Any resolution proYiding for the issuance of re,e1me bonds under the proYisions of this .-\ct shall become effectiYe immediately upon its passage and need not be published or posted, and any such resolutions may be passed at any regular, special. or adjourned meeting of the authority by a majority of its members.
SECTIO'.': 13.
Re,enue bonds; credit not pledged; special power of contract.
ReYenue bc,nds issued under the pro,isions of this .-\ct shall not be deemed to constitute a debt of Catoosa Co11ntY or a pledge of the faith and credit of the county, but the bonds shall be payable solely from the fund proYided for in this .-\ct. and the issuance of such re,enue bonds shall not directly, indirectly, or contingently obligate the county to leYy or to pledge any form of taxation whatenr therefor or to make any appropriation for their payment, and all such bonds shall contain

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4427

recitals on their face co,ering substantially the foregoing 1xmisions of this section.
SECTIO~ 14.
ReYenue bonds; trust indenture as security.
In the discretion of the authority, any issue of such reYenue bonds may be secured bY a trust indenture bY and between the authoritY and a corporate tnistee, which may be a{1y trust company or bank i1~side or outside the state haYing the power of a trust company. Such trust indenture may pledge or assign fees, tolls, charges, reYenues, and earnings to be recehed by the authority. Either the resolution proYiding for the issuance of reYenue bonds or such trust indenture maY contain such prmisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in Yiolation of law, including cmenants 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 proYide that any project shall be constructed and paid for under the supenision and approYal of consulting engineers or architects employed or designated by the authority who are satisfactory to the original purchasers of the bonds issued therefor; and may also require that the security ghen by contractors and by any depository of the proceeds of the bonds or re,enues or any, other moneY, s be satisfacton,- to such purchasers, and may also contain prmisions concerning the conditions, if any, upon which additional reYenue 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 oe required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the indhidual right of action of bondholders as is customary in trust indentures securing bonds and debentures of priYate corporations. In addition to the foregoing, such trust indenture may contain such other proYisions as the authority may deem reasonable and proper for the security of the bondholder. 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 b, such indenture.
SECTIO~ 15.
ReYenue bonds; to whom proceeds of bonds shall be paid.
The authority shall, in the resolution prmiding for the issuance of reYenue bonds or in the trust indenture, proYide 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 bonds

4428 LOCAL ..\..'rn SPECIAL ACTS ..\..'\iD RESOLL'TIONS, \'OL. II
and shall hold and apply the same to the purposes hereof, subject to such regulations as this .-\ct and such resolution or trust indenture may provide.
SECTIO:'.\' 16.
Revenue bonds; sinking fund .
The reYenues, 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, may be pledged and allocated by the authority to the payment of the principal of and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may prmide, and such funds so pledged from whatever source received, which pledge may include funds received from one or 1i10re or all sources, shall be set aside at regular intervals as may be prmided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payments of:
(1) The interest on such revenue bonds as such interest shall fall due;
(2) The principal of the bonds as the same shall fall due;
(3) The necessary charges of paying agents for paying principal and interest and other imestment charges; and
(4) .-\.ny premium upon bonds retired by call or purchase as provided in this section.
The use and disposition of such sinking fund shall be subject to such regulations as may be proYided 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 maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the proYisions 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.
SECTION 17.
Revenue bonds; remedies of bondholders.
Any holder of revenue bonds issued under the provisions of this .-\ct or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights prmided for in this .-\ct 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

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under the laws of the State of Georgia or granted under this .-\ct or under such resolution or trust indenture and may enforce and compel performance of all duties required by this .-\ct or by such resolution or trust indenture to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of reYenues, fees, tolls, and other charges for the use of the facilities and serYices furnished.
Section 18.
Re,enue bonds; refunding bonds.
The authority is authorized to proYide by resolution for the issuance of rnenue refunding bonds of the authority for the purpose of refunding any reYenue bonds issued under the pro,isions of this .-\ct and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such reYenue 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 goYerned by the foregoing proYisions of this .-\ct insofar as the same may be applicable.
SECTIO:\ 19.
ReYenue bonds; jurisdiction and Yenue.
Any action to protect o_r enforce a1w rights under the proYisions of this .-\ct or any suit or action against such authority shall be brought in the Superior Court of Catoosa County, Georgia, and any action pertaining to Yalidation of any bonds issued under the pro,isions of this .-\ct shall likewise be brought in such court which shall haYe exclusiYe, original jurisdiction of such actions; proYided, howeYer, that the Yenue of any action against the authority shall be in the superior court of the county in ,rhich the pm,er of the authority is exercised or sen-ices are JJrOYided bY the authoritY if the act giYing rise to such action is committed " ithin such countY.
SECTIO:\ 20.
ReYenue bonds; Yalidation.
Bonds of the authoritY shall be confirmed and Yalidated in accordance with the procedure of the ReYenue Bond Law. The petition for Yalidation shall also make party defendant to such action any consolidated goYernment, municipality, cmmty, authority, political subdi\ision, or instrumentality of the State of Georgia which has contracted with the authority to furnish or receiYe the serYices and facilities of the project for which bonds are to be issued and sought to be Yalidated, and the state or such consolidated goYernment, municipality, county, authority, political subd iYision, 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 Yalidity of the terms

4430 LOCAL A.'-./D SPECIAL ACTS A.'-./D RESOLCTIONS, \'OL. II
thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds when Yalidated, and the judgment of Yalidation, shall be final and conclusiYe 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 subdiYision, or instrumentality contracting with the authority.
SECTIO!\i 21.
ReYenue bonds; interest of bondholders protected.
\-\bile 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 adYersely 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 ad,ersely the interests and rights of the holders of such bonds, nor shall the state compete with the authority. The proYisions of this .-\ct shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the prmisions hereof, shall constitute a contract with the holders of such bonds.
SECTIO'.',; 22 .
.\'lone\'S receiYed considered trust funds .
.-\II moneys receiYed pursuant to the authority of this .-\ct, whether as proceeds from the sale of reYenue bonds, as proceeds of short-term loans, as grants or other contributions, or as re,enues, fees, income and earnings, shall be deemed to be trust funds to be held and applied solely as pro\'ided in this .-\ct.
SECTION 23.
Tax-exempt status of the authority.
The exercise of the powers conferred upon the authority in this .-\ct shall constitute an essential gmernment function for a public purpose, and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supenision or upon its acti\'ities in the operation and maintenance of the property acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income receiYed by the authority. The tax exemption proYided in this .-\ct shall not include an exemption from the sales and use tax on property purchased by or for the use of the authorit\'.

GEORGI.-\ L-\WS 1999 SESSION'

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SECTIO;'.; 2-t
Powers declared supplemental and additional.
The foregoing sections of this .-\ct shall be deemed to pro,ide an additional and alternatiYe 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.
SECTIO::--: 25.
Liberal construction of the Act.
This .-\ct being for the welfare of rnrious political subdiYisions of the state and its inhabitants shall be liberally construed to effect the purposes hereof.
SECTION 26.
Effect of partial inrnlidity of Act.
The proYisions of this .-\ct are seYerable, and if any of its prmisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining proYisions."
SECTION 2.
.-\II laws and parts of laws in conflict with this .-\ct are repealed.
::--:OTICE OF 1::--:TE::--:no::--: TO 1::--.;TRODCCE LOCAL LEGISL-\TIO::--.;
::--:otice is hereby giYen that there will be introduced at the 1999 Regular Session of the General Assembly of Georgia a Bill to amend an Act creating the Board of Ctilities Commissioners of Catoosa County, Georgia, apprmed '.\1.arch Ii, 1956, (Ga. L. 1956, pp. 3499, et. seq.), as amended, to pro,ide for additional powers and duties to be Yested in the Board of Ctilities Commissioners, including but not limited to, the power to issue bonds and for other purposes.
This 8th day of February, 1999.
Harry CaYin, Chairman of the Board for Catoosa Ctilities District
GEORGIA, FCLTON COL'NTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William H. H. Clark, who on oath deposes and says that he is the RepresentatiYe from the 3rd District and further deposes and savs as follows:

-4-!32 LOC.-\L .-\..'\D SPECL-\L ..\CTS .-\..'\D RESOLCTIO:--.:S, \'OL. II
( 1) That the attached :'\otice of Intention to Introduce Local Legislation was published in the Catoosa County :'\e"s which is the official organ of Catoosa County on the follmring date: February 10, 1999.
(2) That the laws requiring notice of local legislation were further complied "ith in the manner checked below:
_ ..\ copy of the notice of intention "as mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, municipality, or consolidated gmernment whose charter or enabling ..\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1 -14 does not apply because the bill ,ms requested by resolution or other \\Titten notification of the goYerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other \\Titten notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1 -14 does not apply because the bill does not amend the charter of a municipality or the enabling ..\ct of a county or consolidated goYernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill ,ms prodded to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required bY Code Section 28-1-14.1.
s/ \-\'ILLI..\.\11 H. H. CL.\.RK RepresentatiYe, 3rd District
Sworn to and subscribed before me, this -!th day of \larch, 1999.
s/ TERESA ..\DKI:'\S
:'\otary Public, ClaHon County, Georgia \ly Commission Expires Jan. 5, 2001 (SE.-\L)
..\pprmed April 16, 1999.
COLL'\IBL'S, GEORGL.\ - \ll":'\ICIP.-\L COCRT; \.L.\RSH.-\L'S OFFICE ABOLISHED; TR-\..'\SFER OF DLTIES .-\..'\D E\1PLOYEES TO SHERIFF;
REFERE:--.:DC.\11.
'.\"o. 194 (House Bill :'\o. 913) .
.-\..'\ ..\CT
To amend an ..\ct establishing the \funic ipal Court of Columbus, Georgia, approYed August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by

GEORGI.-\ L-\WS 1999 SESSIO!\

4433

an .-\ct approYed \larch 29, 1983 (Ga. L. 1983, p. 4443), an .-\ct approYed Ylarch 21, 1984 (Ga. L. 1984, p. --1491), an .-\ct approYed '.'vlarch 19, 1987 (Ga. L. 1987, p. 4281), an .-\ct approYed \-larch 22, 1990 (Ga. L. 1990, p. 4402), and an .-\ct apprmed April 4, 1997 (Ga. L. 1997, p. 3928), so as to abolish the office of marshal of such court; to transfer the powers, duties, and responsibilities of such office to the sheriff of :Vluscogee County; to authorize the transfer of the employees of the marshal to the office of the sheriff; to proYide for the transfer of and the deli\ery of all money, books, papers, and property of such office to the sheriff of :Vluscogee County; to proYide for a referendum; to prmide for automatic repeal under certain circumstances; to proYide for effectiYe dates; to repeal conflicting laws; and for other purposes.
BE IT E:\.-\CTED BY THE GE:\ER.-\L .-\SSE:VIBLY OF GEORGL-\:
SECTION 1.
.-\n .-\ct establishing the \lunicipal Court of Columbus, Georgia, approYed August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approYed '.vlarch 29, 1983 (Ga. L. 1983, p. 4443), an Act approYed '.larch 21, 1984 (Ga. L. 1984, p. 4491), an Act approYed '.larch 19, 1987 (Ga. L. 1987, p. 4281), an .-\ct approYed \farch 22, 1990 (Ga. L. 1990, p. 4402), and an .-\ct apprmed April 4, 1997 (Ga. L. 1997, p. 3928), is amended by striking Section 4 and inserting in its place a new Section 4 to read as follows:
"SECTIO!\ 4.
(a) Except as proYided in subsection (b) of this section, there shall be a judge, clerk, and marshal of said cohrt and also a deputy clerk or clerks and a deputy marshal or marshals of said court; proYided, further, that the present judge, clerk, and marshal of said court now holding office shall complete their present terms and shall hold office until January 1, 1985, and until their respectiYe successors are elected and qualified. The regular term of offices of the judge, clerk, and marshal of said court shall each be four years, and for such regular term of office each shall be elected by the qualified ,oters of M:uscogee County quadrennially beginning in 198-1 at the regular state election for the election of state house officers and of members of the General Assembh-.
(b) (1) The office of marshal of the \1unicipal Court of Columbus is abolished effectiYe upon the expiration of the current elected term of office of the count\' marshal on December 31, 2000. If such office becomes Yacant for any reason prior to December 31, 2000, no person filling such Yacancy for the remainder of such unexpired term of office shall sene beyond December 31, 2000. No person shall be elected at the :':oYember general election in 2000 or thereafter to fill such office.

-1-434 LOCAL .-\.'\D SPECIAL ACTS .-\.'.\D RESOLL'TIO:\S, \'OL. II
(2) l'pon the abolishment of such office, all powers, duties, and
authoritY. formerh.- exercised b,. the marshal shall be transferred to the
sheriff of :Vluscogee County.
(3) l'pon the abolishment of such office, all money, books, papers, and property of such office shall be deliYered to the sheriff of \1uscogee County.
(4) l'pon the abolishment of such office, all deputy marshals of said court may, if otherwise qualified, become employees of the sheriff pursuant to Code Section 15-16-23:
SECTION 2.
Said .-\ct is further amended by striking Section 6 and inserting in its place a new Section 6 to read as follows:
.. SECTIO:'\ 6.
(a) The clerk of said court must be at the time of the election of such clerk a bona fide resident of \1uscogee County.
(b) The clerk of said court may also serYe as clerk of the Ylagistrate Court of Columbus and :Vluscogee County. ..
SECTION 3.
Said .-\ct is further amended by striking Section 9 and inserting in its place a new Section 9 to read as follows:
..SECTIO:'\ 9.
\i\11en a Yacancy occurs in the office of the clerk of said court, it shall be the duty of the judge of the Probate Court of \1uscogee County to fill such Yacancy by appointment for the unexpired term of said clerk."
SECTION 4.
Said .-\ct is further amended by striking Section 12 and inserting in lieu thereof a new Section 12 to read as follows:
"SECTIO:\ 12.
Resen-ed.
SECTION 5.
Said .-\ct is further amended by striking Section 14 and inserting in its place a new Section 14 to read as follows:
"SECTIO:\ 14.
ReserYed."

GEORGIA L\WS 1999 SESSIO:':

4435

SECTION 6.

Said Act is further amended by striking Section 16 and inserting in its place a new Section 16 to read as follows:

"SECTIO:\' 16.

All the requirements and duties and powers and authority imposed by law and conferred upon the clerk and deputy clerk or clerks of Superior Court of '.\luscogee County and upon the sheriff and deputy sheriffs of Muscogee County shall be obligatory upon and shall be Yested in the clerk, deputy clerk or clerks, sheriff, and deputy sheriff or sheriffs of said court, respectiYely, so far as said duties may be applicable to said court and except where inconsistent with or limited by the prmisions of this Act defining the jurisdiction of said court. HoweYer, the amount of the bond of the clerk shall be S30,000.00, and the annual premiums on such bonds, which are to be apprmed by the City Council of Columbus, Georgia, are to be paid out of the treasury of Columbus, Georgia...

SECTION 7.

Said Act is further amended by striking Section 17 and inserting in its place a new Section l 7 to read as follows:

"SECTIO:\' 17.

It shall be the duty of the judge of said court to arrange with the clerk

thereof that either the judge, the clerk, or a deputy clerk shall be

continuoush in the office of said court from 9:00 A.'.\1. to 5:00 P.'.\1. on all

days of the week, Saturdays, Sundays, and holidays excepted; and both

the judge and clerk of said court shall at any time, when called upon by

any person desiring the same, issue warrants, attachments, and garnish-

ments, as now proYided by law, and should either the judge or clerk fail

to comply with the proYisions of this section, upon information thereof

from any citizen of '.\1uscogee County, the Gmernor shall cite the judge

or clerk, or both, to show cause, after fiye days' written notice, win- either

or both should not be remoYed from offic~. If, upon i1westigati~n. the

Gmernor shall be satisfied that said judge or clerk, or both, has or haYe

failed to comply with the duties imposed by this section, the GoYernor

maY, in the exercise of the Gmernor's sound discretion, remoYe either or

both from office; and the ,acann or ,acancies thus created shall be filled

as proYided by law. The sheriff ~f said court shall perform the duties as

set out in Section 16 of this Act and the same proYisions of this Section

17 applicable to the judge and clerk shall apply to the sheriff's office;

and upon such sheriff's failure to do so, upon like information, citation,

and inYestigation, as in the case of the judge and clerk of said court, the

GoYernor may, in the exercise of the Gmernor's sound discretion,

remme such sheriff from office; and the rncann thus created filled as

prmided by law...

,

4436 LOCAL A.'-iD SPECIAL ACTS A.'\D RESOLL'TIO~S, \'OL. II
SECTION 8.
Said Act is further amended by striking Section 21 and inserting in its place a new Section 21 to read as follows:
"SECTIO'.\: 21.
Suits or proceedings in said court shall in all respects be conformable to the mode of procedure in the superior courts of this state, saYe and except as in this .--\ct excepted. Process to suit or other proceedings shall be annexed by the clerk or one of the deputy clerks, bear attest in the name of the judge thereof, and be directed to and sened by the sheriff or one of the deputy sheriffs. .-\.11 executions, warrants, writs and summary processes of any kind, garnishments, dispossessory warrants, foreclosures of liens on personal property, and other liens issued from said court shall be issued in the name of the judge thereof, signed by the clerk or one of the deputy clerks, and directed to the sheriff and the deputy sheriffs of said court and to all and singular the sheriffs and deputy sheriffs and la\\ful constables of this state and shall be executed as proYided by law."
SECTION 9.
Said Act is further amended by striking Section 26 and inserting in its place a new Section 26 to read as follows:
"SECTIO!'\ 26.
In all cases in said court in which the principal sum claimed, or the ya]ue of the property in controYersy, does not exceed S250.00 the rules of pleading, as pro,ided in Section 25 of this .--\ct, shall not be required of parties prosecuting or defending such actions therein . It shall not be required to paragraph either petition or answer, but such suits shall be commenced by summons, which shall be issued in the name of the judge thereof, and signed by the clerk or a deputy clerk, shall be directed to the sheriff or deputy sheriffs of said court, and shall command the defendant to be and appear at the time and place of trial, which time and place shall be specified in said summons. Said clerk or deputy clerk shall attach a copy of the note, account, or cause of action sued on to said summons at the time the same is issued. .-\.11 cases in said court, in which the amount invoked does not exceed $250.00, whether or not an answer or defense is filed, are triable at the term to which the case is returnable. Suits for such amounts and defenses thereto shall in other respects conform to the procedure now prescribed in justice courts, except as otherwise proYided in this .--\ct."
SECTION 10.
Said Act is further amended by striking Section 35 and inserting in its place a new Section 35 to read as follows:

GEORGI.--\ L\WS 1999 SESSIO:'.\:

4437

.. SECTIO:K 35 .
.--\11 sales of personal property leTied upon under process of said court shall take place at the courthouse door in ~1uscogee County, the usual place of holding sheriff's sales, during the legal hours of sale, at public outcry, on the :\-londay next follo\\ing ten days ad,ertisement by notice posted in two public places in the City of Columbus, one of which shall be at the courthouse door. Said adYertisement shall describe the property to be sold, the place and hour of sale, the name and residence of the mrner of the property, and the style of the case in which the execution issued. Such sales shall be conducted bY the sheriff of said court or one of the deputy sheriffs; prmided, howeYer, that sales of perishable property and sales on the premises where property is seized may be made as proYided by law; and proYided, further, that in all cases where real estate is leYied upon under a process from said court, the subsequent proceedings shall conform to the laws gmerning the sale of real estate."
SECTION 11.
Said .-\ct is further amended by striking Section 38 and inserting in its place a new Section 38 to read as follc;>ws:
"SECTIO::\' 38.
.-\11 costs collected by the sheriff, deputy sheriffs, or deputy clerks of said court are to be turned mer to the clerk of said court, and all costs collected bY the clerk of said court, either from the sheriff or from a1w other sotir~e. shall be paid into the treasury of ~uscogee County, on th~ first day of each month in full for the preceding month . .--\11 costs collected by the clerk shall be deposited by such clerk in some bank in the City of Columbus designated by the judge of said court, and shall be "ithdrawn therefrom only on the warrant of the clerk, countersigned by the judge of said court; proYided, fhrther, that no judge or other officer of said court shall recei,e for his or her mm use any fees or perquisite of office ."
SECTION 12.
Cnless prohibited by the federal \'oting Rights .--\ct of 1965, as amended, the election superintendent of the consolidated gmernment of Columbus, Georgia, shall call and conduct an election as proYided in this section for the purpose of submitting this .-\ct to the electors of Muscogee County for approYal or rejection. The election superintendent shall conduct that election on the date of the ~farch, 2000, presidential preference primary and shall issue the call and conduct that election as proYided by general law. 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 ~htscogee County. The ballot shall haYe written or printed thereon the words:

4438 LOCAL A..,m SPECIAL ACTS .-\..~D RESOLCTIONS, \'OL. II

.. ( YES NO

Shall the Act be apprmed which abolishes the office of marshal of the Municipal Court of Columbus, Georgia~''

All persons desiring to \'Ote for apprmal of the Act shall rnte "Yes," and those persons desiring to rnte for rejection of the Act shall rnte "'.\io ... If more than one-half of the \"Otes cast on such question are for approYal of the Act, then Sections 1 through 11 of this .-\ct shall become of full force and effect immediately. If Sections 1 through 11 of this Act are not so approYed or if the election is not conducted as prmided in this section, Sections I through 11 of this Act shall not become effecti\'e and this .-\ct 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 consolidated gmernment of Columbus, Georgia. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 13.

Except as otherwise pro\'ided in Section 12 of this .-\ct, this .-\ct shall become effecti\'e upon its approYal by the GoYernor or upon its becoming law without such appro\'al.

SECTION 14.

All laws and parts of laws in conflict with this .-\ct are repealed.

NOTICE OF INTE:'1/TION TO l'.\iTRODCCE LOCAL LEGISL\TION

:'1/otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .-\ct establishing the Municipal Court of Columbus, Georgia, approYed August 12, 1915 (Ga. L. 1915, p. 63), as amended, and for other purposes.
This 23rd day of February, 1999.

GEORGIA, FULTON COUNTY

THOMAS B. BCCK, III Representati\'e Thomas B. Buck, III
135th District

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 the Representati\'e from the 135th Disuict and further deposes and says as follows:

(I) That the attached Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer which is the official organ of Muscogee County on the following date: February 25, 1999.

GEORGIA L-\WS 1999 SESSIO:\'

4439

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise prO\ided to the goYerning authority of any county, municipality, or consolidated goyernment "hose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
..L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated goyernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goyerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-1.1.
s/ THO~L-\S B. BCCK, III Represen tatiYe, 135th District
Sworn to and subscribed before me, this 1st day of Ylarch, 1999.
s/ SCSA.~ GORDO!\: ~otary Public, Rockdale County, Georgia '.Vly Commission Expires :\'O\. 18.-, 2001 (SEAL)
ApproYed April 16, 1999.

CITY OF ATL\.'\TA - COM'.VIC:\!ITY IMPRO\'E'.VIE~T DISTRICTS; BOARDS; VACA.~CIES; TER.\1S.
:\lo. 195 (House Bill ~o. 917) .
.-\.~ .-\CT
To amend an .-\ct entitled the ''Atlanta Community ImproYement District .-\ct," approyed April 4, 1991 (Ga. L. 1991, p. 3653), so as to change the proYisions relating to filling Yacancies on the gmerning body of a community improYement district; to proYide for appointment of an elector to fill a Yacancy in certain circumstances; to proYide for the term of sen-ice of

-1440 LOC.-\L .-\:\'D SPECL-\L .-\CTS ..\..'\D RESOLCTIO:\'S, \'OL. II
such appointed members; to limit the number of appointed members sen-ing simultaneously; to proYide for a special election to fill a ,acancy in certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT E:\'.-\CTED BY THE GE:\'ER-\L .-\.SSDIBLY OF GE0RGI.-\.:
SECTION 1.
.-\n .-\ct entitled the ".-\tlanta Community lmprmement District .-\ct, approYed .-\pril -1, 1991 (Ga. L. 1991, p. 3653), is amended by striking subsection (b) of Section 5, relating to the filling ohacancies on the board. in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) The initial board members to be elected as prmided aboYe shall be elected in a caucus of electors which shall be held within 60 da,s after the adoption of the resolutions and obtaining the written consents herein prmided at such time and place "ithin the district as the gmerning body of the municipality shall designate after notice thereof shall ha,e been ghen to said electors by publishing same in the legal organ of Fulton or DeKalb counties, or both. as hereinafter prmided. Thereafter, there shall be conducted biennialh, not later than 60 days following the last day for filing ad ,alorem real properi::: tax returns in Fulton or DeKalb counties, or both, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those positions which haYe terms expiring or are ,acant. If a Yacancy occurs in an elected position on the board, the remaining members of the board shall by majority rnte, ,rithin 60 days. appoint an elector to fill the ,acancy..-\. board member appointed by majority Yote of the board to fill a ,acancy shall only sene until the next regularly scheduled election. regardless of the actual duration of the unexpired term of the board member Yacating the position . .-\t no time shall the board include more than two members who were appointed by other board members. If a Yacann- does occur while two board members appointed by other members of the board are currently sen-ing, then a special election shall be called to fill the unexpired term as pro,ided for in this subsection. If a Yacancy occurs for which a special election is required, the board shall, within 60 days thereof, call such election to be held within 60 days of the call unless such Yacancy occurs within 180 days of the next regularly scheduled election, in which case a special election maY, but need not, be called. For am election held hereunder, notice the.reof shall be giYen to said electors by publishing notice thereof in the legal organ of Fulton County or DeKalb County, or both, on four dates,
at least 45 days, 31 days, 1i days, and ten days. respecti,ely. prior to such
election."
SECTION 2.
.-\II laws and parts of laws in conflict with this .-\ct are repealed.

GEORGI.--\ L-\WS 1999 SESSIO!\

4441

~OTICE OF I~TE~T TO INTRODCCE LOCAL LEGISL-\TIOi\'
:--.iotice is hereby gi\en that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act proYiding for the creation of one or more community imprmements districts in the City of Atlanta, Georgia (Ga. L. 1999, P. 3653); to prmide for filling of ,acancies on the board; to repeal conflicting laws; and further purposes.
This 12th day of February, 1999
GEORGI.-\, FCLTO~ COC:'.\TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Douglas Dean, who on oath deposes and says that he is the Representati,e from the -18th District and further deposes and says as follows:
(1) That the attached ~otice 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 12, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .--\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goyerning authority of any county, municipality, or consolidated goYernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-H.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goyerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
.:t.... The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a count\" or consolidated goyernment or the bill affects a local school system.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goyerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-1.1.
s/ DOCGL-\S C. DE.A...'\J RepresentatiYe, 48th Disuict

4442 LOCAL ...\.,D SPECIAL ACTS ...\.,D RESOLCTIO~S. \'OL. II
Sworn to and subscribed before me. this 4th day of :\ilarch, 1999.
s/ TERESA .-\DKI~S ~otary Public, Clayton County, Georgia :\ly Commission Expires Jan. 5. 2001 (SEAL)
.-\.pproYed ..\pril 16, 1999.
:\ilILLER coc~n - BOARD OF CO:\l:\USSIO~ERS; DISTRICTS.
~o. 196 (House Bill ~o. 922) .
...\., ..\CT
To amend an ..\ct creating a board of commissioners in and for :\tiller County, apprmed :\larch 29. 1983 (Ga. L. 1983, p. -1:194). so as to prmide for new commissioner districts; to prmide for other matters relatin to the foregoing; to prmide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT E~.-\.CTED BY THE GE~ER.\L .-\.SSDIBLY OF GEORGL.\:
SECTION I.
.-\.n ..\ct creating a board of commissioners in and for :\liller County, apprmed :\-larch 29. 1983 (Ga. L. 1983, p. 459-1), is amended by striking subsection (a) of Section 2 and inserting in lieu thereof the following:
(a) Effecti,e January I. 2000, for the purpose of electing members of the board of commissioners, :\tiller County is diYided into fiye commissioner districts. The fi\e commissioner districts shall be and correspond to those fiye numbered districts described in the attachment hereto which is incorporaated in and made a part of this .-\ct and further identified as 'client: miller operator: local plan: millrem3'."
SECTION 2.
It shall be the dutY of the attorney for :\tiller Count, to submit this .-\ct to the Attorney Gen~ral of the Cni.ted States for re,iew under the federal \'oting Rights .-\ct of 1965, as amended. It shall be the duty of the county to direct and ensure that such submissions are made bY such attorneY. It shall be the dutY of such attorney and the count\" to ensm:e that such submission has been completed as soon as practical a'rter the Gmernor appro,es this .-\ct or after it becomes law without such approYal.
SECTION 3.
This .-\ct shall become effecthe upon its apprmal by the Gmernor or upon its becoming law without such approYal.

GEORGI.-\ L-\WS 1999 SESSIO~ SECTION 4.
..\JI laws and parts of laws in conflict with this .-\ct are repealed.

4443

Operator: local

Client: miller

Plan: millrem3

District ~o. 1 '.\IILLER Tract: 9501. Block: 101, 102, 103, 104, 105. 106, lOi, 108, 109, 110, 111. 112, 113, 1H. 115, 116, 11 i, 118, 119. 120, 121, 122, 123, 124. 125, 126, 12i. 128, 129. 136, 13i, 138 Tract: 9502. Block: 101. 135, 142.-\, 143A, 401. 402,403,404, 405, 406, 40i, 408.-\, 408B, 409, 410, 415, 416, 418, 419, 421. 422, 423, 424, 425,426,431.436. 43i, 438,445

District ~o. 2 ~IILLER Tract: 950 I. Block: 130,131,132,133,134,135,139,140,141,142,143.144, 145, 146, 14i, 148, 149, 150, 151. 152, 153, 154, 155, 156, 15i, 158, 159, 160, 161. 162, 163, 164, 165, 166, 16i, 168, 169, I i0, lil, li2, li3, li4, li5. 1i6, Iii, li8, 1i9. 180, 181, 182, 183, 184, 185, 186, 18i, 188. 189, 190, 191, 192, 193, 194, 195. 196, 19i Tract: 9502. Block: 204B, 205, 206, 20i, 265, 268, 269, 2i0, 2i2, 2i3, 2i4, 2i5, 2i6, 2ii, 2i8, 2i9. 281,282,283,285,286, 28i, 288,289, 290,291,292,293,294,295,301, 302B, 325B, 32iB, 328,329, 330,331,332,333.334, 335,336, 33i, 338,339,340,341,342, 343,344,345,346, 34i. 348,349, 411B

District ~o. 3 ~IILLER Tract: 9502. Block: 203B, 208, 209, 210B. 213, 221B, 222B, 223, 224, 225, 226,22i,228.229B.231,232.233,234,235,236,23i,238, 239, 240,241,242,243,244,245,246. 24i, 248,249,250,251,252, 253,254,255,256, 25i, 258,259,260,261,262,263,264,266, 26i, 2il. 280,284,296, 29i Tract: 9503. Block: 146,148, H9.150.151. li6, lii,201,202,203,204,210, 211,212,213, 214,215.21i, 218,220,221,222,223.224, 225, 226. 22i,228.229, 2~).231. 232,233, 234,235,236,23i,238, 239,240.241, 242,243,244.245, 246. 24i, 248,249,250,251, 252,253,254.255, 256, 25i, 258,259.260, 261,262.263

4444 LOCAL .-\.."'\'D SPECIAL ACTS .-\..~D RESOLCTIO~S. \'OL. II
District ~o. 4 MILLER Tract: 9502. Block: 122A, 146A, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 166A, 173A, 174, 175, 201, 202, 203.-\, 204.-\, 210A, 211, 212, 214, 215, 216, 217, 218, 219, 220, 221.-\, 222A, 229.-\, 230, 302.-\, 303, 304, 305, 306, 307, 308,309,310,311,312,313,314,315,316,317,318,319,320, 321,322,323,324, 325.-\, 326, 327A, 411.-\, 412,413,414,417, 420,427,428,429,430,432,433,434,435,439,440,441,442, 443,444
District ~o. 5 MILLER Tract: 9502. Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122B, 122C, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 136, 137, 138, 139, 140, 141, 142B, 143B, 144, 145, 146B, 164, 165.-\, 165B, 166B, 167, 168, 169, 170, 171, 172, 173B Tract: 9503. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112. 113,114,115,116,117,118,119,120,121,122,123,124,125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 147, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168. 169. 170, 171, 172, 173, 174, 175,205,206,207,208,209,216,219
:'\OTICE OF I~TE~T TO I~TRODCCE LOCAL
LEGISL-\TIO~
~otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .-\ct creating the Board of Commissioners, approYed \-larch 29. 1983. (Ga. L. 1983. p. 4594) so as to change the Yoting districts by which members of the Board of Count\.' Commissioners of '.'vliller Count\.' and Board of Education of ~Iiller County are elected; and for other purposes.
This legislation is being introduced at the request of the ~-Iiller County Board of Commissioners pursuant to a resolution. duly made, seconded and passed at a duly noticed special meeting held on February 4, 1999, and duly recorded in the minutes of said meeting.
This the 8th day of February, 1999.
Danny C. Griffin, Attorney for ~Iiller County

GEORGI.-\ L\\\'S 1999 SESSIO:-.:

4445

GEORGI.-\, FCLTO:-.: coc:-.:TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Winfred Dukes, who on oath deposes and says that he is the Representati\'e from the 161st District and further deposes and sa,s as follows:
(1) That the attached :-.:otice of Intention to Introduce Local Legislation was published in the .\liller County Liberal which is the official organ of .\tiller Count\' on the following date: February I I, I999.
(2) That the la\\s requiring notice of local legislation were further complied with in the manner checked below:
..L .\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise prmided to the g<werning authority of any county, municipality. or consolidated gmernment whose charter or enabling .-\ct is amended, as required by subsection (b) of Code Section 28-1-1-l.
_ The notice requirement of subsection (b) of Code Section 28-1-1-l does not apply because the bill was requested by resolution or other written notification of the goyerning authority of the affected county, municipality. or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-1--ldoes not apply because the bill does not amend the charte1 of a municipality or the enabling .\ct of a county or consolidated goYernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-1--1does not apply because the bill is an annexation bill and a copy of the bill was pro,ided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1--l-. l.
s/ WI:-.:FRED DCKES RepresentatiYe, 161st District
Sworn to and subscribed before me, this 5th day of .\larch, 1999.
s/ TERES.\ .-\DKI:-.:S :-.:otary Public. Clayton County, Georgia .\Iy Commission Expires Jan. 5, 2001 (SL\L)
.\pproYed .\pril 16, I999.

4446 LOCAL .-\.'\D SPECIAL .-\CTS .-\.'\'D RESOLCTIO:\'S, \'OL. II
SCPERIOR COCRTS - DOCGHERTI'JCDICI.-\L CIRCCIT;JCDGES; S.-\1.ARY SCPPLE:VlE::\'T.
::\'o. 197 (House Bill ::\'o. 923) .
.-\.'\ .-\CT
To amend an .-\ct creating the Doughert\'judicial Circuit, approYed \ ,larch 22, 1964 (Ga. L. 1964, Ex. Sess. , p. 7), as amended, particularly by an .-\ct approYed April 1, 1996 (Ga. L. 1996, p. 3826), so as to proYide for an increase in the county supplement to the judges of such judicial circuit; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT E:\'.-\CTED BY THE GE::\'ER-\L .-\SSDIBLY OF GEORGI.-\:
SECTION 1.
.-\.n .-\ct creating the DoughernJudicial Circuit, approYed \larch 22, 1964 (Ga. L. 1964, Ex. Sess., p. 7) , as amended, particularly by an .-\ct approYed .-\pril 1, 1996 (Ga. L. 1996, p. 3826), is amended by striking in its entirety subsection (a) of Section 2.-\ and inserting in lieu thereof the following:
"(a) The judge of the Superior Court of Dougherty County senior in term of continuous senice shall receiYe an annual supplement of S27,000.00. Each other judge of such court shall receiYe an annual supplement of S25,000.00. Such supplements shall be payable from the funds of Dougherty County in equal monthly installments and shall be in addition to the compensation of the judges of the Dougherty Judicial Circuit proYided by law. In addition , beginning on July I, 2000, and continuing for each Dougherty County fiscal year thereafter, each superior court judge of the Dougherty Judicial Circuit shall recehe a supplemental annual cost-of-liYing adjustment equal to the cost-of-liYing adjustment ghen to all other Dougherty County employees...
SECTION 2.
This .-\ct shall become effectiYe on July I, 1999.
SECTION 3.
.-\11 laws and parts of la\\s in conflict " ith this .-\ct are repealed.
.-\ RESOLCTIO::\' :\'TITLED
.-\ RESOLCTIO::\' PRO\1DI:\'G .-\ REQL' EST TO THE GEORGIA GE::\'ER-\L .-\SSE\lBLY
FOR.-\.'\ .-\:VlE::\'D:VlE::\'T TO ,-\.'\ .-\CT CRE.-\TI:--;G THE DOCGHERTYJCDICL-\L CIRCCIT FOR THE PCRPOSE OF 1:-..;CRE.-\SI:--;G THE COC:\'TI' SCPPLE:\ilE::\'T P.-\1D TO DOCGHERIT JCDICL-\L CIRCCIT SCPERIOR COCRT JCDGES;

GEORGL-\ L\WS 1999 SESSIO~

444i

TO REPE.\L co:--.:FLICTI::--.:G L.\.WS; .-\..'\D FOR OTHER PCRPOSES.
\A,r1ERE.-\S. the state salary of superior court judges is set by state law which law proYides in pertinent part that in addition to the specific state salary enumerated therein, "each superior court judge shall also receiYe any supplement paid to such judge by the county or counties of such judges judicial cirrnit as may be proYided by law." O.C.G..-\. Section 4i-i-4(a) (20); and
\A,'HERE.-\S, Dougherty County, Georgia through an .-\ct creating the Dougherty Judicial Circuit, as amended pays an annual supplement to the judge of the Superior Court of Dougherty County senior in term in the amount of S2:'l,000.00 and an annual supplement to each other judge of such court in an amount of S23.000.00; and
WHERE.-\S, the Board of Commissioners of Dougherty County, Georgia is desirous of increasing the amount of the annual supplement paid to the superior court judges of the Dougherty Judicial Circuit.
:--.:ow THEREFORE, BE IT RESOL\'ED by the Board of Commissioners of Dougherty County, Georgia and it is hereby resohed by authority of same as follmrs:
(1) The General .-\ssembly of the State of Georgia (1999 Session) is hereby requested to amend an ..\ct creating the DoughertyJudicial Circuit, approYed ~larch 22, 1964 (Ga. L. 1964 Ex. Sess., p. i), as amended, particularly by an .-\ct apprmed .-\pril 1. 1996 (Ga. L. 1996, p. 3826) by striking in its entirety Section 2.-\ (a) and inserting in lieu thereof the following:
"Section 2.-\.
(a) The judge of the Superior Court of Dougherty County senior in term of continuous sen-ice shall receiYe an annual supplement of S2i,000.00. Each other judge of such court shall receiYe an annual supplement of S25,000.00. Such supplements shall be payable from the funds of Dougherty County in equal monthly installments and shall be in addition to the compensation of the judges of the Dougherty Judicial Circuit prmided by law. In addition, beginning on July 1, 2000 and continuing for each Dougherty County fiscal year thereafter each superior court judge of the Dougher~Judicial Circuit shall receiYe a supplemental annual cost oflhing adjustment equal to the cost ofliYing adjustment giYen to all other Dougher~ Conn~ employees...
(2) Should the aboYe language need to be modified to conform to General .-\ssembly legislathe format, said language change 1s herebv authorized in order to effectuate the intent of this resolution .
(3) The effectiYe date is to be July 1, 1999.

4448 LOCAL AND SPECIAL ACTS .-\."\JD RESOLCTIO'.',;S, \'OL. II
(4) The County Attorney of Dougherty County, Georgia is hereby authorized to transmit this resolution to the members of the state Dougherty County legislati\'e delegation with a request for action during the 1999 Session of the Georgia General Assembly.
(5) .-\11 other resolutions or parts of resolutions in conflict are hereby repealed.
BOARD OF CO'.\IYIISSIO::\'ERS OF DOCGHERTY COC::\'TY, GEORGL-\
BY: s/ Lamar Reese Lamar Reese, Chairman
ATTEST: s/ Richard Crowdis Count\' Administrator
ADOPTED: Ylarch 1, 1999
::\'otice Of Intention To Introduce Local Legislation
::\'otice is giYen tat there will be untroduced at teh regular 1999 session of the General Assembly of Georgia a bill to amend an .-\ct creating the Dougherty Judicial Circuit, approYed '.\-larch 22, 1964 (Ga. L. 196-1, Ex. Sess. P. 77, as amended, aprticularly by an .-\ct approYed Aprill, 1996 (Ga. L. 1996, p. 3826); and for other purposes.
This 2nd day of Ylarch, 1999.
Rep. Lawrence R. Roberts District 162
GEORGL-\, FCLTO::\' COC::\'TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lawrence Roberts, who on oath deposes and says that he is the RepresentatiYe from the 162nd District and further deposes and sa\'s as follows:
( l) That the attached '.\:otice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County on the following date: '.\-larch 5, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, municipality, or consolidated goYernment whose charter or enabling .-\ct is amended, as required by subsection (b) of Code Section 28-1-1-1.

GEORGL-\ L..\WS 1999 SESSIO!\'

4449

_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other \\Titten notification is attached hereto.
.L The not ice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act ofa county or consolidated goYernment or the bill affects a local school system.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice ,ms published, as required by Code Section 28-1-14.1.
s/ L..\v\'RE:\"CE R. ROBERTS RepresentatiYe, 162nd District
S"orn to and subscribed before me, this 5th day of \1arch, 1999.
s/ TERESA ...\DKI~S :\"otarY Public, Clayton County, Georgia \-ly Commission Expires Jan. 5, 2001 (SEAL)
...\pproYed April 16. 1999.

CITI' OF STATESBORO - \IL..\YOR ,..\.'\D coc:-,;c1L; TER.vt:S.
:\"o. 198 (House Bill :\"o. 925) .
...\.'\ ACT
To amend an .-\ct entitled .....\n .-\ct to create a ne" charter for the CitY of Statesboro. apprond \-larch 26, 1987 (Ga. L. 1987, p. 4557), as amended, so as to proYide for staggered terms of office for the mayor and councilmembers; to repeal conflicting laws; and for other purposes.
BE IT E:\"...\CTED BY THE GE:\"ERAL ASSE\lBLY OF GEORGIA
SECTION 1.
...\n .-\ct entitled "An .-\ct to create a ne\\ charter for the CitY of Statesboro, .. approYed \farch 26, 1987 (Ga. L. 1987, p. 4557), as amended, is amended by striking in its entiretY Section 8-6 and inserting in lieu thereof the following:

4450 LOCAL .-\..~D SPECIAL ACTS .-\..~D RESOLCTio:-.;s, \'OL. II

"SECTIO'.\: 8-6.

Election; terms of mayor and councilmembers.

At the municipal election in '.\:oyember of 1999, the mayor and the councilmembers elected from Council Districts I and 4 shall be elected to serYe terms of two years, and the councilmembers elected from Council Districts 2, 3, and 5 shall be elected to ser\'e terms of four years. Thereafter, the ma,or and all councilmembers shall be elected at biennial municipal elections to serYe terms of four years and until their successors are duly elected and qualified."

SECTION 2.

All laws and parts of la\\s in conflict with this Act are repealed.

RESOLCTIO'.\:

BE

IT

HEREBY

RESOL\'ED

b",

the

'.\ilarnr ,

and

Cit\'

Council

of

Statesboro as follows:

\\'HERE.-\S, the City of Statesboro presently elects a ~fayor and fiye Councilmen for 4-year terms; and

\\'HEREAS, there exists the possibility that a substantial number of the goyerning body might not be re-elected; and

\\'HEREAS, it is deemed in the best interest of the City of Statesboro that despite the results of any election that experienced members of Council need to be in office at all times;

BE IT, THEREFORE, RESOL\'ED that the '.\ilarnr and Cit" Council of Statesboro formally request members of the Gener~! Assembl~: of Georgia, who haYe been elected to represent the citizens of the City of Statesboro, to introduce an act as a local bill to stagger the terms of the elected officials of the City of Statesboro so that the '.\ilayor and Councilmen for Districts 1 and 4 would be elected in '.\:o\'ember of 1999 for a 2-year term to expire in ::-.;oYember of 2001 and thereafter for 4-year terms, and Councilmen for Districts 2, 3 and 5 would be elected in ::-.;member of 1999 for a +year term and thereafter for four Years.

BE IT FCRTHER RESOLVED that a notice of intent to introduce a local bill requested pursuant to O.C.G.A Section 28-1-1-1 be published in the official legal organ for Bulloch County, Georgia for one time as soon as possible prior to the introduction of the proposed .-\ct and further that a copy of the proposed Act be prodded to the goYerning authority of Bulloch County, Georgia pursuant to O.C.G..-\. Section 28-1-1-1.1.

This resolution has been unanimously apprmed by a ,ote of Council. this 2 day of '.\,larch, 1999.

:VL-WOR A'.\:D CITY coc::--;c1L OF STATESBORO

GEORGI.--\ L\\\'S 1999 SESSIO:'\

-1:-!51

BY: s/ Da,id H. .-\\'eritt DaYid H. .-\\'eritt, yfayor
..\TTEST:s/ Judy YI. '.\ICCorkle Judy YI. '.\kCorkle, City Clerk
:'\OTICE OF l:'\TE:'\T TO l~TRODCCE LOCAL BILL
By resolution of the Ylayor and City Council of Statesboro and pursuant to O.C.G...\. Section 28-1-1-l, notice is hereby giYen of intention to introduce a local bill for consideration by the General ..\ssembly of Georgia. The local bill would amend an .--\ct entitled ".--\ct to Create a :\ew Charter for the City of Statesboro" apprmed '.\1arch 26, 198i (Ga. L. 198i, p. 455i) so as to prmide for Staggered terms of offices of the '.\fayor and City Council. The office of the '.\fayor and Councilman for Districts 1 and 4 will be for a 2-year term to be elected in :\oyember 1999 and thereafter for a 4-year term. Councilman for Districts 2, 3 and 5 would be for a 4-year term in :'\member, 1999 and -l-year terms thereafter, and to proYide for conditions for automatic repeal; and for other purposes.
.--\ copy of the proposed bill will be on file in the office of the City Clerk of the '.\layor and City Council of Statesboro for inspection by the public.
'.\fa.yor and Cit\.' Council of Statesboro B,: DaYid H . .--\,eritt,
Sam L. Brannen, P.C. P.O. Box 905 Statesboro, Georgia
GEORGIA, Fl'LTO:'\ COL':\TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who on oath deposes and says that he is the Represen tati\'e from the 146th District and further deposes and says as follows:
(l) That the attached :\otice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County on the following date: '.\-larch 4, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .--\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise prmided to the gmerning authority of any county, municipality, or consolidated gmernment whose charter or enabling Act is amended. as required by subsection (b) of Code Section 28-1-14.

4452 LOCAL .-\:\'D SPECIAL ACTS ..\..~D RESOLCTIO:\'S, \'OL. II
.L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goyerning authoritY of the affected county. municipality, or consolidated gmernment and a copY of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct ofa county or consolidated goYernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was pro,ided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BOB L.\..,E Represen tati,e. 146th District
S\\orn to and subscribed before me, this 5th day of \1arch, 1999.
s/ SCS..\.., GORDO:\' :'.\'otary Public, Rockdale County, Georgia ~ly Commission Expires :\'oY. 18, 2001 (SE.-\L)
.-\pprmed .-\pril 16, 1999.
CITI' OF CO\1:\'GTO:\' - COC:\'CIL; \IDIBERSHIP; \L-WOR ..\..'\"D COC:\'CIL \'.-\C..\..,CIES.
:\'o. 199 (House Bill :\'o. 929) .
.-\:\' .-\CT
To amend an .-\ct granting a new charter to the City of CoYington, approYedjanuary 30, 1962 (Ga. L. 1962, p. 2003). as amended. particularly by an .-\ct approYed \farch 13, 1978 (Ga. L. 1978. p. 3519). so as to eliminate two at-large posts on the city council; to change the method of filling any Yacancy in the office of mayor or council member; to pro,icle for related matters; to prmide an effectiw elate: to repeal conflicting la\\s; and for other purposes.
BE IT E:\'.-\CTED BY THE GE:\'ER-\L .-\SSE\IBLY OF GEORGIA:
SECTION 1.
.-\n .-\ct granting a ne\\ charter to the CitY of Cmington. approYedjanuary 30, 1962 (Ga. L. 1962, p. 2003). as amended. particularly by an .-\ct

GEORGIA L\WS 1999 SESSIO!\

--1--153

apprmed yfarch 13, 1978 (Ga. L. 1978, p. 3519), is amended by striking in its entirety Section 22 and inserting in lieu thereof the following:
"SECTIO:'\ 22.
Form of Gmernment.
The goYernment of said city shall be Yested in a mayor and six council members who shall hold their respecti\'e offices for t\rn-year terms and until their successors are elected and qualified; proYided, howe,er, that the mayor and members of the council now holding office in the city shall continue to hold office and to exercise the duties and powers of mayor and council members for and during the terms for which they haYe respecti,ely been elected heretofore. For the purpose of electing council members, the City ofCmington is hereby diYided into t\rn wards, the West Ward and the East Ward. The diYision line bet\,een the two wards shall be as follows: Commence at the point of intersection of the northwestern boundary of the corporate limits of the City of CoYington and the center line of the Georgia Railroad right-of-way and nm thence in a southeasterly direction along the center line of the said Georgia Railroad right-of-way to the point of intersection thereof with the center line of Emory Street; running thence in a southerly direction along the center line of Emory Street to the point of intersection thereof with the center line of Clark Street; running thence in an easterly direction along the center line of Clark Street to the intersection thereof with the center line of Ylonticello Street; thence in a southerly and southeasterly direction along the center line of Ylonticello Street which is also known as Georgia Highway #36 and/ or the Jackson Highway, to the point of intersection thereof with the southern boundary of the corporate limits of the City of Cm-ington. The West Ward shall be those portions of the City of CoYington lying southerly and westerly of the aforedescribed diYision line. The six council seats shall be designated by six numbered council posts as follows: Post I West, Post 2 West, Post 3 West, Post 1 East, Post 2 East, Post 3 East. The council members for Council Post 1 West, Post 2 West, and Post 3 West shall be elected by the qualified electors of the West Ward only; the council members for Council Post I East, Post 2 East, and Post 3 East shall be elected by the qualified electors of the East Ward only; and the mayor shall be elected at large by all the qualified electors of the City of Cm-ington."
SECTION 2.
Said Act is further amended by striking in its entiret\ Section 23 and inserting in lieu thereof the following:
"SECTIO'.',; 23.
\'acancy in Office of yfayor or Council.
In the eYent there shall occur a YacanCY in the office of mmor or an\' council post caused by death, resignatio{1, or remmal of the i;1emnbent,

--1454 LOCAL .-\XD SPECIAL .-\CTS ..\..'\iD RESOLCTIOXS, \'OL. II
the city council shall immediately call a special election to fill such ,acancy, such election to be held and conducted in all respects in accordance with .-\.rticle 14 of Chapter 2 of Title 21 of the O.C.G..-\...
SECTION 3.
This .-\ct shall become effecthe on July 1, 1999.
SECTION 4.
.-\II laws and parts of laws in conflict with this .-\ct are repealed.
XOTICE OF IXTEXTIO'.'\ TO l'.'\TRODL' CE LOC.-\L LEGISL\TIO'.'\
:\'otice is ghen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .-\ct incorporating and granting a new charter to the City of Co\"ington, approYedJanuary 30, 1962 (Ga. L. 1962, p. 2003), as amended so at to eliminate two at-large posts on the city council and to change the method of filling \'acancies in the office of mayor and council member, and for other purposes.
This 23rd daY. of February. 1999.
RepresentatiYe James S. Stokes 92nd District
GEORGI.-\, FCLTO:\' COC:\'TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James S. Stokes, who on oath deposes and says that he is the RepresentatiYe from the 92nd District and further deposes and sa,s as follows:
(1) That the attached :\'otice of Intention to Introduce Local Legislation was published in the Cm-ington '.\:ews which is the official organ of '.\:ewton County on the following date: Ylarch 4, 1999.
(2) That the la\\s requiring notice of local legislation were further complied \\ith in the manner checked below:
.L .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise prodded to the goYerning authority of any county, nnmicipality. or consolidated gmernment whose charter or enabling .-\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill \\'as requested by resolution or other written notification of the gmerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other \\Titten notification is attached hereto.

GEORGI.-\ L\WS 1999 SESSIO:\'

4455

_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated gmernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ j.~\IES S. STOKES RepresentatiYe, 92nd District
Sworn to and subscribed before me, this 8th day of yfarch, 1999.
s/ TERESA .-\DKI:\'S '.',;otary Public, Clayton County, Georgia .\ly Commission Expires Jan. 5, 2001 (SEAL)
.-\pprmed April 16, 1999.

WHITFIELD coc:-,.:TY - HOYIESTE.-\D EXE.\1PTIO~; SCHOOL DISTRICT TAXES; REFERE:-..iDCYi.
'.',;o. 200 (House Bill ~o. 931 ).

To amend an .-\ct proYiding a homestead exemption from certain \i\l1itfield County School District ad ,alorem taxes for educational purposes in the amount of S30,000.00 of the assessed Yalue of the homestead for certain residents of that school district who are 65 years of age or mer and haYe annual incomes not exceeding S15,000.00, apprmed April 1, 1996 (Ga. L. 1996, p. 3i34), so as to proYide for an increase in the exemption amount and the income ceiling; to prmide for applicability; to proYide for a referendum, effecti,e dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT E~.-\CTED BY THE GE!\'ER..\L .-\SSEYiBLY OF GEORGI.-\:
SECTION 1.
.-\n .-\ct proYiding a homestead exemption from certain \i\l1itfield County School District ad Yalorem taxes for educational purposes in the amount of S30,000.00 of the assessed ,alue of the homestead for certain residents of that school district who are 65 years of age or mer and haYe annual incomes not exceeding S15,000.00, apprmed April 1, 1996 (Ga. L. 1996, p.

H56 LOCAL .-\...,D SPECIAL ACTS .-\..."\;D RESOLL.TIO:\'S, \'OL. II

373--1), is amended by striking Section 2 and inserting in its place a new Section 2 to read as follmrs:

"SECTIO:\' 2.

For the taxable year beginning on or after January l. 2000, and for each year thereafter, each resident of the '\,\11itfield County School District who is 65 \'ears of age or O\'er on the first day ofjanuary of a taxable year and whose income from all sources, including the income of that resident's spouse who also occupies and resides at such homestead, does not exceed S35,000.00 per annum shall be granted an exemption on that person s homestead from all Yl11itfield County School District ad ,alorem taxes for educational purposes in the amount of S35,000.00 of the assessed ,alue of that homestead for that taxable ,ear. The ,alue of the homestead in excess of the exempted amount shall remain subject to taxation.

SECTION 2.

Cnless prohibited by the federal \'oting Rights ..\ct of 1965, as amended, the election superintendent of '\,\11itfield Count\' shall call and conduct an election as proYided in this section for the purpose of submitting this ..\ct to the electors of the Yl11itfield County School District for approYal or rejection. The election superintendent shall conduct that election at the time of the presidential preference primary conducted in 2000 and shall issue the call and conduct that election as proYided b, general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks inunediateh' preceding the date thereof in the official organ of Whitfield County. The ballot shall ha,e written or printed thereon the words:

.. ( \ES ( :\'O

Shall the ..\ct be approYed which proYides for an increase in the exemption amount and the amount of the income ceiling applicable to the Whitfield County School District homestead exemption for residents of that district who are 65 years of age or mer: ..

..\II persons desiring to ,ote for approYal of the ..\ct shall ,ote "\'es." and those persons desiring to \'Ote for rejection of the ..\ct shall n>te ":\'o." If more than one-half of the ,otes cast on such question are for approYal of the ..\ct, then Section 1 of this .-\ct shall become of full force and effect immediately. If the ..\ct is not so apprO\ed or if the election is not conducted as proYided in this section, Section I of this ..\ct shall not become effectiYe and this ..\ct shall be automatically repealed on the first day ofJanuary immediately following that election date.

The expense of such election shall be borne by \\11itfield Count,. It shall be the election superintendent's duty to certit\ the result thereof to the Secretan of State.

GEORGIA L\WS 1999 SESSIO:\'

4457

SECTION 3.
Except as otherwise proYided in Section 2 of this Act, this .-\ct shall become , effectiYe on July 1, 1999.
SECTION 4.
..\II laws and parts of laws in conflict with this .-\ct are repealed.
:\'OTICE OF l:\'TE:\'TIO:\' TO I:\'TRODCCE LOCAL LEGISL.\TIO:\:
:\'otice is giYen that there ,rill be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an ..\ct prmiding a homestead exemption from certain \t\l1itfield County School District ad Yalorem taxes for educational purposes for certain residents of that school district who are 65 years of age or mer, approYed April 1, 1996 (Ga. L. 1996, p. 3734), so as to increase the amount of the exemption and the income ceiling; and for other purposes.
This 16th day of February, 1999. RepresentatiYe .-\lien Hammontree 4th District
GEORGL.\, FCLTO:\' COC:\'TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, ..\lien Hammontree, who on oath deposes and says that he is the RepresentatiYe from the 4th District and further deposes and sa,s as follows:
(1) That the attached :\'otice of Intention to Introduce Local Legislation was published in the Daily Citizen :\'ews which is the official organ of \t\l1itfield County on the following date: February 19, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ ..\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, municipality, or consolidated goYernment "hose charter or enabling ..\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the gmerning authority of the affected county, municipality, or consolidated goYernment and a cop, of such resolution or other written notification is attached hereto.
..L The notice requirement of subsection (b) of Code Sect~on 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling ..\ct of a county or consolidated gmernment or the bill affects a local school sYstem.

-1458 LOCAL ..\.,D SPECL-\L .-\CTS ..\.,D RESOLL'TIO:'\S, \'OL. II
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-1.1.
s/ .-\LL:'\ H.\'.\L\1O:'\TREE RepresentatiYe. -1th District
Sworn to and subscribed before me, this 23rd day of February, 1999.
s/ TERESA .-\IlKI:'\S :'\otary Public, Clayton County. Georgia '.\-ly Commission Expires Jan. 5, 2001 (SE.-\L)
.-\pproYed April 16, 1999.
COBB COL':'\TY- Jl'\'E:'\ILE COL'RT;Jl'DGES: CO\IPE:'\S.-\TIO:'\.
:'\o. 201 (House Bill :'\o. 932) .
.-\~ .-\CT
To amend an .-\ct prmiding for the compensation of the judge of the Jmenile Court of Cobb County, approYedJanuary l i, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an .-\ct appnwed \larch 27. 1998 (Ga. L. 1998, p. 3~23), so as to proYide for changes in the compensation of the judges of the Ju\'enile Court of Cobb County; to pro,ide for an effecthe date; to repeal conflicting laws; and for other purposes.
BE IT E:'\.-\CTED BY THE GI::'\ER.-\L .-\SSE\-IBLY OF GEORGI.-\:
SECTION 1.
.-\n .-\ct proYiding for the compensation of the judge of the JuYenile Court of Cobb County, apprmed January Ji, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an .-\ct apprmed \ larch 2i, 1998 (Ga. L. 1998, p. 3923), is amended by striking Section l in its entirety and inserting in lieu thereof the following:
"SECTIO~ l.
(a) (l) Beginning when this section becomes effecthe in 1999, the presiding judge of the Jmenile Court of Cobb County shall recehe an annual salary of S89,894.00 to be paid in equal monthly installments from the general funds of Cobb County.
(2) Beginning one year after the effecthe date referred to in paragraph ( l) of this subsection, such presiding judge shall recehe an

GEORGI.-\ L--\WS 1999 SESSIO'.'\

-1459

annual salary of S99,89-1.00 to be paid in equal monthly installments from the general funds of Cobb County.

(b) (1) Beginning when this section becomes effectiYe in 1999, the other judge or judges of the Jmenile Court of Cobb County shall recehe an annual salary of S88,395.00 to be paid in equal monthly installments from the general funds of Cobb County.

(2) Beginning one year after the effectiYe date referred to in paragraph (1) of this subsection, such other judge or judges shall recei,e an annual salary of S98,395.00 to be paid in equal monthly installments from the general funds of Cobb County."

SECTION 2.

This ..\ct shall become effectiYe upon its approYal by the GoYernor or upon its becoming law without such approYal.

SECTION 3.

.-\II laws and parts of laws in conflict with this .-\ct are repealed.

\-\'HERE..\S: \-\'HERE.-\.S: \-\'HERE..\.S: \-\'HEREAS:
\-\'HEREAS: THEREFORE:

RESOLCTIO'.'\
Cobb County is part of a fast-growing region that, oYer the last decade, has seen a substantial increase in population and demand for public senices; and
These sen-ices and functions are managed by elected officials who hold ,ery important legislated responsibilities; and
The salaries for these separate and independent offices are determined by the Georgia General Assembly; and
~lembers of the local delegation to the General Assembly ha,e asked that the Board of Commissioners address the impact of any salary adjustments for local officials enacted during this current budget year; and
'.\-lembers of the local delegation to the General Assembly ha,e authority to set salary increases for the following positions attached thereto; now
Be it Resohed, that we, the Cobb County Board of Commissioners, herebY commits that the county's adopted budget contai{1s adequate funding to supp~rt salary adjustments as apprmed by the Cobb Delegation to the Georgia General Assembly in the FY 99 Budget. We further request that all the abme salary increases be effected upon July 1, 1999 or upon the GoYernor's signature, which e,er is earlier.

-H:60 LOCAL .-\..'-iD SPECI.-\L ACTS .-\..'-:D RESOLCTIO~S, \'OL. II

This, the 23rd day of February 1999.
s/ William J. Byrne
CH.-\IR\iL-\..'\/

s/ William A. Cooper DISTRICT 1

s/ Saul S..-\lens DISTRICT 3

s/ Joe L. Thompson DISTRICT 2

s/ George W. Thompson, Jr. DISTRICT 4

Positions that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases for:

District Commissioners (4) Commission Chairman Admin Specialist - Tax Comm ExecutiYe Secretary - Tax Comm Tax Commissioner Deputy Tax Commissioner ExecutiYe Assistant to the Sheriff Chief Imestigator Sheriff Chief Deputy Sheriff Sheriff Probate Court Clerk Probate Judge JuYenile Court Judge Presiding Jmenile Court Judge Chief Deputy Clerk State Court State Court Clerk lnYestigator Solicitor Assistant Solicitor Chief Asst. Solicitor Solicitor State Ct DiY II Judges (3) State Court Judges (4) Senior Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk hwestigator - DA Chief Imestigator - DA District Attorney Assistant Disuict Attorney Chief Assistant District Attorney Superior Court Judges (7) Senior Judge - Superior Court

GEORGI.\ L\WS 1999 SESSIO:--.:

H61

:\'OTICE OF l:\'TE:\'TIO:--.: TO I:\'TRODL"CE LOCAL LEGISL\TIO:\'
:\'otice is giYen that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a bill to amend an .\ct relating to the Judge of the JuYenile Court of Cobb County, apprmed January 17, 1969 (Ga. L. 1969, p. 3560), as amended; and for other purposes.
This the 8th day ofJanuary, 1999.
Cobb County Delegation: BY State Rep. Randy Sauder, Secretary
GEORGL\, FL"LTO:\' COL":\'TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Ehrhart, who on oath deposes and says that he is the RepresentatiYe from the 36th District and further deposes and says as follows:
(1) That the attached :\'otice of Intention to Introduce Local Legislation was published in the \larietta Daily Journal "hich is the official organ of Cobb County on the following date: January 8, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goyerning authority of any county, municipality, or consolidated goYernment whose charter or enabling .\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other \\Titten notification of the goyerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
..L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .\ct of a county or consolidated goYernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.l.
s/ EARL EHRHART Representati,e, 36th District

-1462 LOCAL .-\.~D SPECIAL ACTS A~D RESOLLTIO;'\S, \'OL. II
Sworn to and subscribed before me, this 25th day of February, 1999.
s/ TERESA ..\DKl::-,./S ~otary Public, Clayton County, Georgia :Vly Commission Expires Jan. 5, 2001 (SEAL)
.-\pproYed April 16, 1999.
DEKALB COCNTI' Cl\1C CE~TER .-\CTHORITI'- \-IE:VIBERS; .-\PPOI~T:VIE~T.
~o. 202 (House Bill ~o. 938) .
.-\.''\ .-\CT
To amend an .-\ct creating the DeKalb County CiYic Center Authority, apprmed April-!, 1996 (Ga. L. 1996, p. -1216), so as to change proYisions relating to the appointment of members to such authority; to repeal conflicting laws; and for other purposes.
BE IT EX-\CTED BY THE GE~ER-\L .-\SSE\-IBLY OF GEORGIA:
SECTION 1.
.-\n .-\ct creating the DeKalb County Ci\-ic Center Authority, approYed .-\pril -!, 1996 (Ga. L. 1996, p. 4216), is amended by striking in its entirety subsection (b) of Section 3 and inserting in lieu thereof the following:
.. (b) The authority shall consist of 1i members who shall be residents of DeKalb County and who shall be appointed as follows:
(1) Each member of the DeKalb County Board of Commissioners shall appoint from among the residents of his or her district one member;
(2) The chief executiYe officer of DeKalb County shall appoint one member;
(3) The chairperson of the House DeKalb County delegation to the General Assembly shall appoint two members, one of whom shall be a member of such delegation and the chairperson of the Senate DeKalb County delegation to the General Assembly shall appoint three members, one of whom shall be a member of such delegation;
(4) The president of the DeKalb County Chamber of Commerce shall appoint one member;
(5) The president of the DeKalb County Co1wention and Visitors Bureau shall appoint one member;

GEORGL-\ L-\WS 1999 SESSIO:':

4463

(6) The president of the South DeKalb Business Association shall appoint one member; and
(i) The chairperson of the House DeKalb County delegation to the General Assembly shall appoint a chairperson.
The members initially appointed by the members of the DeKalb County Board of Commissioners shall sen-e terms of two years, and all other members shall sen-e initial terms of four years. After expiration of the initial terms, the terms of all members shall be four years. If at the end
of am. term of office of am. member a successor to such member has not
been appointed, the member whose term of office has expired shall continue to hold office until a successor is appointed."
SECTION 2.
All laws and parts of laws in conflict with this .-\ct are repealed.
:'\OTICE OF I'.\;TE~TIO~ TO I:'\TRODCCE LOCAL LEGISL-\TIO:':
'.\;otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .-\ct creating the DeKalb County Ci\ic Center Authority, approYed April 1-1, 1996 (Ga. L. 1996, p. 4216), so as to change proYisions relating to the membership of such authority; and for other purposes.
This 3 day of February, 1999.
RepresentatiYe \'ernon Jones il st District
GEORGL-\, FCLTON COC:'\TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vernon Jones, who on oath deposes and says that he is the RepresentatiYe from the ilst District and further deposes and says as follows:
(I) That the attached '.\;otice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on the following date: February 11. 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise prmided to the goYerning authority of any county, municipality, or consolidated goYernment whose charter or enabling Act 1s amended, as required by subsection (b) of Code Section 28-1-14.

-l--16--l LOCAL .-\..'\D SPECIAL ACTS A'\'D RESOLCTIO!\'S, VOL. II
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the gmerning authority of the affected county, municipality, or consolidated gmernment and a copy of such resolution or other \\Titten notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling ..\ct of a county or consolidated goyernment or the bill affects a local school SYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ \'ER"\O:\' JO!\'ES Represen tathe, 71 st District
Sworn to and subscribed before me, this 4th day of .Vlarch, 1999.
s/ TERESA ADKE\'S :\'otary Public, Clayton County, Georgia '.\1y Commission Expires Jan . 5, 2001 (SEAL)
ApproYed April 16, 1999.
CARROLL COC:\'TY - BOARD OF CO.VI.VlISSIOl'\'ERS; CO'.\IPE!\'SATIO:\'.
:\'o. 203 (House Bill :\'o. 940).
,-\..'\' ACT
To amend an Act amending, reYising, superseding, and consolidating the laws pertaining to the goYerning authority of Carroll County, approYed February 28, 1989 (Ga. L. 1989, p. 3546), as amended, so as to change the JJrOYisions relating t~ the compensation of the commissioners; to prmide for cost-of-liYing increases; to proYide for related matters; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT E:\'ACTED BY THE GEl'\'ER.\L ASSEMBLY OF GEORGL-\:
SECTION 1.
An Act amending, reYising, superseding, and consolidating the laws pertaining to the goyerning authority of Carroll County, approYed February 28, 1989 (Ga. L. 1989, p. 3546), as amended, is amended by striking subsection (b) of Section 7 and inserting in lieu thereof a new subsection (b) to read as follows:

GEORGI.--\ L-\\1\'S 1999 SESSIO1'

4465

"(b) Each member of the commission other than the chairperson shall recei,e an annual base salary of $4,800.00 payable in equal monthly installments from funds of Carroll County. On and afterjanuary 1, 2000, whene\'er Carroll County ciYil senice employees recei\'e a cost-of-liYing increase, the annual base salary of the commissioners shall be increased by the same percentage."
SECTION 2.
This .--\ct shall become effectiYe on January 1, 2000.
SECTION 3.
.--\11 laws and parts of laws in conflict with this .--\ct are repealed.
:'.\OTICE OF 1:--.iTE).;TIO:--.i TO 1)-;TRODL'CE LOCAL LEGISL-\.TION
:--.iotice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend and Act amending, reYising, superseding, and consolidating the laws pertaining to the goyerning authority of Carroll County, approYed February 28, 1989 (Ga. L. 1989, p. 3546), as amended, so as to change the compensation of the commissioners; and for other purposes.
This 1st day of \farch, 1999.
s/ Tracy Stallings Representati\'e 100th District
GEORGL-\, Fl'LTO:\: COL':'.\TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tracy Stallings, who on oath deposes and says that he is the Representati\'e from the 100th District and further deposes and says as follows:
(1) That the attached :'.\otice of Intention to Introduce Local Legislation was published in the Times-Georgian which is the official organ of Carroll County on the following date: :\'larch 4, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
.l_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the go\'erning authority of any county, municipality, or consolidated goYernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other

lIOli l.OC.\1. .\\:I) SPECI.\I. ,\CTS ASD IU~SOl.l TIO!\S, \'01.. II
1,1it 1111 11otilit at ion "f tlw gonrning a111hority of' 1lw alkc Hd co1111ty, 11111111, ipalit~. ,11 , omolidall'd go1,rn11u111 a11d a copy ol such l(_sol11tion oi ot I1,1 111 it1111 tH1t ii 1rn1 io11 ik a1ta, hed IHftl(1.
'l'he 1101i, 1 1tq11i1 l'lltc111 of s11h:-wctio11 (h) of Cock Se('tio11 28-1-14 dews 1101 appl~ lwn111st tht hill dol'i. 1101 a11w11d tlw charttr of a 11111111, ipalit~ 01 the t1iahli11g .\ct ol a co111111 01 co11solidattd g-mtrnment or th<' hill alkc11, a local .~, hool 1,,s1,111.
'1111 1101i, e n quiH111tn1 of 1,11hwc1io11 (h) of Co<lt' Stflion 28-1-14 doc , 1101 apply lwea11st tl1e hill i~ an ,1111wxa1ion bill and a <opy oft ht hill 1,a, p1midl'd 10 1ht <011111\' gmtn1i11g a111horit~ within \\'hid1 th< ana p1opmt'd to ht a1111t:NI b located at tlu timt tltt 1101ict \l'ai. puhlishtcl, a, l'<''(11i1 ,cl h~ ( :och- ScC"tiou 28 I I11.1.
s/ TR.\C\' ST,\1.1.INCS
R11>1ese111:ui\'t, 100th District
s\\'0111 to and Mthsnihtd hefol'l' Ill(' , this Ith d:11 of \fore h, l!)!)!I.
...; n :1u:s,\ .\DKI;'.;S ;\io1a1 ,' P11hlk , Clayton Co11111y, (:torg-ia !\fr ( '.0111111ls1,io11 E pin, fan . :>, 200 I (SE. \1.)
IH>l'Cl.,\S C:Ol 'NT\' CO\I. ll 'NIT\' IMPRO\'E:\IE!\T DISTRICTS; BO.\Rl)S; '.\IE~IHl-, RSI IIP.
'.\:o. 201 (I lo11st Bill l'\o. !HI) .
,\'.\: .\C'I'
'l'o a1111wl a11 .\ct k11m,11 a~ the "Dot1),(las Co11111y Co111n11111it~ ltnpro\'<'-
11w111 Distdc 1s .\, 1," .1pp1m,d .\ptil I, 19!)1 ((;a , L. 1991, p. :mlt)), as :1111t11Cled , pal'ti< 11lal'IY h, a11 .\ct app1m 1d S1p1<111lwr 18, 1\191 ((,a. I..
l!l!ll , E . Sn1,. p . I07). b" :111 .\ct ,1pprond M:uch :\I, 1!)92 (Ca . I.. 1992.
p. :il '.\0) , .111d h~ a11 .\ c t apprond 7vlarch 2:>, I!)% (Ca . L. 19\l(i, p. :\6:\2),
110 ;11, to< hang tlw 11w111htrs of' 1lw hoards of ,onrnwnity imprn 't'n1C111 di~t ic ts: to 1q1tal <011llkti11g laws: and for olh<"I' p11rposts.
Bl". 1'1' EN .\C'l'ED I\Y Tl IE CENER.\I. \SSEMnt .\' OF <,EORCIA:
Sl~C'fION I.
,\11 .\('t k11ow11 a!-. tht "llo11glas Co11111y Co11111111ni1y l111prm111w11t l)istricts .\ct ," ,1pp10Hd ,\pill I, 1!)91 (Ca. I.. 1!)91, p. :\70!I), as a11w1Hkd, partinil.idy h ,111.\tt app1m1<l Sq>tt111h<1 lH, 1991 (Ca. I.. 1!)91, 1~' . Sts1,.
p . I0 7) , hv an ,\('I apprm<d M:u1 h 1\1, l!I!)~ ((,a . I.. l!)!lt, p . t,1:W), and hy

GEORGIA L\WS 1999 SESSIO:'\

446i

an .-\.ct approYed :Vlarch 25, 1996 (Ga. L. 1996, p. 3632), is amended by striking in its entirety paragraph (2) of Section 3 and substituting a new paragraph to read as follows:
'"(2) 'Board" means a goYerning body for a comnnmity improYement district comprised of the following:
(.-\.) The members of the Douglas County Board of Commissioners, the mayor of the City of DouglasYille, the mayor of the City of Lithia Springs, and the executi\e director of the DouglasYille-Douglas CountY, Water and Sewer AuthoritY, if the district is located wholh,within the unincorporated area of Douglas County or if the district was in existence on January 1, 1999, and at the time such district was created it was located wholly within the unincorporated area of Douglas County, e,en though all or portions of such district may haYe been annexed into the corporate limits of a municipality;
(B) Except as otherwise proYided in subparagraph (.-\.) of this paragraph, the mayor and members of the City Council of the City of Douglas,ille, the chairperson of the Douglas County Board of Commissioners, and the executiYe director of the Douglas,illeDouglas County Water and Sewer Authority if the district is located wholly within the incorporated area of DouglaSYille;
(C) Except as otherwise pro,ided in subparagraph (A) of this paragraph, the mayor and members of the City Council of the City of Lithia Springs, the chairperson of the Douglas County Board of Commissioners, and the executiYe director of the Douglas,illeDouglas County Water and Sewer Authority if the district is located wholly within the incorporated area of Lithia Springs;
(D) Except as otherwise prO\ided in subparagraph (A) of this paragraph, the mayor and two members of the City Council of the City of DouglasYille, the chairperson and two members of the Douglas County Board of Commissioners, and the executi\e director of the DouglasYille-Douglas County Water and Sewer Authority if the district is located partially within the unincorporated area of Douglas County and partially within the incorporated area of DouglasYille. The members of the city council shall be appointed by the mayor of the City ofDouglasYille, and the members of the board of commissioners shall be appointed by the chairperson of the board of commissioners; or
(E) Except as otherwise proYided in subparagraph (A) of this paragraph, the mayor and two members of the City Council of the City of Lithia Springs, the chairperson and two members of the Douglas County Board of Commissioners, and the executi\e director of the DouglasYille-Douglas County Water and Sewer Authority if the district is located partially within the unincorporated area of Douglas County and partially within the incorporated area of Lithia

4468 LOCAL A..'\'D SPECIAL ACTS A..'..\'D RESOLCTIO'.\:S, \'OL. II
Springs. '.\1embers of the citY council shall be appointed by the mayor of the City of Lithia Springs, and members of the board of commissioners shall be appointed by the chairperson of the board of commissioners."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF I:--;TE:--;TION TO INTRODCCE LOCAL LEGISL.\TIOl'-
:\"otice is giYen that there will be introduced at the regular 199 session of the General Assembly of Georgia bill to amend an Act proYiding for the creation of one or more community improYement districts in Douglas County, approYed April 4, 1991 (Ga. L. 1991, p. 3709), as amended, particularly by an Act approYed March 31, 1992 (Ga. L. 1992, p. 5130); to repeal conflicting laws; and for other purposes.
This 23rd day of February, 1999.
Honorable Bob Snelling RepresentatiYe, 99th District
GEORGIA, FCLTOI\ coc::-,;TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Snelling, ,rho on oath deposes and says that he is the RepresentatiYe from the 99th District and further deposes and says as follows:
(1) That the attached :--;ocice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County on the following date: February 25, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted bY facsimile, or otherwise proYided to the gmerning authority of any county, municipality, or consolidated goyernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goyerning authority of the affected county, municipality, or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.
j_ The notice requirement of subsection (b) of Code Section 28-1-14
does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated goYernment or the bill affects a local school system.

GEORGL-\ L\WS 1999 SESSIO:,.,'

4469

_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14. l .
s/ BOB S!'\ELLING Representathe, 99th District
Sworn to and subscribed before me, this 5th day of .\,larch, 1999.
s/ SCS.-\., GORDO:,.,' !'\otary Public, Rockdale County, Georgia ~ly Commission Expires Nm. 18, 2001 (SEAL)
.-\pproYed April 16, 1999.

CITI' OF ~L\DISO:,.,' - HOMESTEAD EXEMPTIO~; CITI' TAXES; REFERE!'\D C~I.
!'\o. 205 (House Bill :,.,'o. 948).

To proYide a homestead exemption from certain City of Madison ad ,alorem taxes for city purposes in an amount of up to $10,000.00 of the assessed Yalue of the homestead for certain residents of that city who are 65 years of age or older; to pro,ide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to proYide for applicability; to proYide for a referendum, effecthe dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT E!'\.-\CTED BY THE GE!'\ER.\L ASSEMBLY OF GEORGIA:
SECTION 1.
(a) For purposes of this .-\ct, the term:
(I) "Ad Yalorem taxes for city purposes" means all ad Yalorem taxes for city purposes leYied by, for, or on behalf of the City of Madison, except for taxes to retire bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.
(3) "Senior citizen .. means a person who is 65 years of age or older on or before January l of the year in which application for the exemption under this .-\ct is made.

4470 LOCAL A.~D SPECIAL ACTS .-\..."-1D RESOLL'TIO!'\S, \'OL. II
(b) Each resident of the City of Madison who is a senior citizen is granted an exemption on that person's homestead from all City of '.\fadison ad valorem taxes for city purposes in an amount of up to $10,000.00 of the assessed value of that homestead owned and occupied by such resident as a residence. The exact amount of such exemption shall be established annually by a resolution of the city council. The rnlue of that property in excess of such exempted amount shall remain subject to taxation.
(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 gmerning authority of the City of Madison or the designee thereof giving the person's age and such additional information relative to recehing such exemption as will enable the governing authority of the City of Madison or the designee thereof to make a determination as to whether such person is entitled to such exemption. The governing authority of the City of Madison or the designee thereof shall provide affidavit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the applicant for the exemption.
(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the applicant occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (c) of this section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person . It shall be the duty of any person granted the homestead exemption under this Act to notif\ the governing authority of the City of Madison or the designee thereof in the e,ent that person for any reason becomes ineligible for that exemption.
(e) The exemption granted by this Act shall not apply to or affect any state taxes, county taxes, or county school district taxes for educational purposes. The homestead exemption granted by this Act shall be in addition to and not in lieu of any other homestead exemption applicable to City of Madison ad valorem taxes for city purposes.
(f) The exemption granted by this Act shall apply to all taxable vears beginning on or after January 1, 2000.
SECTION 2.
Lnless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Yladison 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 Madison for approval or rejection . The election superintendent shall conduct that election on any date during 1999 on which a municipality may conduct an election pursuant to the general laws of the state and shall issue the call and conduct that election

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as proYided by general law. 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 '.\tladison. The ballot shall ha\'e written or printed thereon the words:

YES Shall the .-\ct be approYed which proYides a homestead exemption from City of :\lladison ad Yalorem taxes for city purposes in an amount of up to S10,000.00 of the assessed \'alue of the homestead for residents of that city "ho are 65 years of age or older~"

All persons desiring to YOte for approYal of the Act shall rnte "Yes," and those persons desiring to \'ote for rejection of the .--\.ct shall rnte ":\'o." If more than one-half of the \'Otes cast on such question are for approYal of the .-\ct, then Section 1 shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, '.WOO. If Section 1 of this .-\ct is not so approYed or if the election is not conducted as proYided in this section, Section 1 of this Act shall not become effecthe 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 '.\tladison. It shall be the superintendent's duty to certif\ the result thereof to the Secretary of State.

SECTION 3.

Except as otherwise proYided in Section 2 of this Act, this Act shall become effectiYe upon its approYal by the Gmernor or upon its becoming law without such apprmal.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.

:\'OTICE OF I:--.;TE:\'TION TO I:\'TRODL'CE LOCAL LEGISL\.TION

:\'otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to prmide for a homestead exemption of up to S10,000.00 from City of '.\tladison ad Yalorem taxes for certain residents of such city who are 65 years of age or o\'er; and for other purposes.

This 25th day of February, 1999.

GEORGIA, FCLTON coc:--.;TY

s/ DaYid :\'mm, City Clerk

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Smith, who on oath deposes and says that he is the Representati\'e from the 91st District and further deposes and says as follows:

44i2 LOC.-\L .-\..'\;D SPECIAL .-\CTS .-\..'\;D RESOLCTIO:'\S, \'OL. II
(1) That the attached :'\otice of Intention to Introduce Local Legislation was published in the :\-ladisonian which is the official organ of ~lorgan County on the following date: ~farch 4, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, municipality, or consolidated goYernment whose charter or enabling .-\ct is amended, as required by subsection (b) of Code Section 28-1-J.1.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated gmernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BOB S~IITH
RepresentatiYe, 91st District
Sworn to a1fd subscribed before me, this 8th day of ~arch, 1999.
s/ TERESA ..\DKI!\"S !\"otary Public, Clayton County, Georgia My Commission Expires Jan . 5, 2001 (SE.-\L)
Approved .-\pril 16, 1999.
TO\i\'"!\" OF BCCKHE..\D - :'\EW CHARTER.
!\"o. 206 (House Bill :'\o. 949) .
.-\X.-\CT
To provide a new charter for the Tmrn of Buckhead; to prmide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority,

GEORGL-\ L-\WS 1999 SESSIO!\

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election, terms, \'acancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and remoYal from office relatiYe to members of such goYerning authority; to proYide for inquiries and i1westigations; to proYide for oaths, organization, meetings, quorum, \'Oting, rules, and procedures; to proYide for ordinances and codes; to proYide for a mayor, mayor pro tempore, and town council and certain duties, powers, and other matters relati\'e thereto; to proYide for administratiYe affairs and responsibilities; to proYide for boards, commissions, and authorities; to proYide for a town attorney, a town clerk, a town treasurer, a town accountant, and other personnel and matters relating thereto; to pro,ide for rules and regulations; to proYide for a municipal court and the judge or judges thereof and other matters relatiYe to those judges; to prmide for the court's jurisdiction, powers, practices, and procedures; to prmide for the right of certiorari; to proYide for elections; to proYide for taxation, licenses, and fees; to prmide for franchises, senice charges, and assessments; to proYide for bonded and other indebtedness; to proYide for auditing, accounting, budgeting, and appropriations; to proYide for town contracts and purchasing; to prmide for the c01weyance of property and interests therein; to proYide for bonds for officials; to prmide for prior ordinances and rules, pending matters, and existing personnel; to proYide for penalties; to proYide for definitions and construction; to proYide for seYerability; to proYide for other matters relatiYe to the foregoing; to proYide for an effectiYe date; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT E:\'ACTED BY THE GE:\'ER-\L .-\SSEYIBLY OF GEORGL-\:
ARTICLE I.
1:--;coRPOR-\TIO!\i .-\..~D PO\\'ERS
SECTION 1.10.
:\'ame.
This town and the inhabitants thereof are constituted and declared a bodY politic and corporate under the name and style Buckhead, Georgia, and b~ that name shall haYe perpetual succession.
SECTION 1.11.
Corporate boundaries.
(a) The boundaries of this town shall be those existing on the effectiYe date of the adoption of this charter with such alterations as may be made from time to time in the manner proYided by 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 town hall and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the Town of Buckhead, Georgia." Photographic, typed,

4474 LOCAL .-\.'\D SPECIAL ACTS .-\.'\D RESOLCTIO~S. \'OL. II
or other copies of such map or description certified by the town clerk shall be admitted as eYidence in all courts and shall haYe the same force and effect as with the original map or description.
(b) The town council may proYide for the redrawing of any such map by ordinance to reflect la\\ful changes in the corporate boundaries. .-\ 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 town shall haw all powers possible for a town to ha,e 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 haYe all the powers of self-gmernment not otherwise prohibited by this charter or by general law.
(b) The powers of this town shall be construed liberally in fayor 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.
SECTION 1.13.
Examples of powers.
The powers of this town shall include, but not be limited to, the following:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to preYent 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 prmide for the impoundment of same if in ,iolation of any ordinance or la\\ful order; to proYide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as proYided by ordinance; and to proYide punishment for Yiolation of ordinances enacted under this charter;
(3) Appropriations and expenditures. To make appropriations for the support of the goYernment 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 prmide for the payment of expenses of the town;
(4) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electric, gas, and heating and air conditioning codes; and to regulate all housing, and building trades;

GEORGIA L\.\\'S 1999 SESSIO:\'

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(5) Business regulation and taxation. To leYy and to proYide for the collection of license fees and taxes on priYileges. occupations, trades, and professions; to license and regulate the same; to prmide for the manner and method of payment of such licenses and taxes; and to re,oke such licenses after due process for failure to pay any town fees or taxes:
(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 goYerning authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia ..\nnotated, or such other applicable laws as are or may hereafter be enacted;
(i) Contracts. To enter into contracts and agreements with other gmernmental entities and with priYate persons. firms, and corporations:
(8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the town and to make and carry out all reasonable proYisions 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 to extend, enlarge, or restrict the same: to prescribe fire safety regulations not inconsistent with general law, relating to both fire preYention and detection and to fire fighting: and to prescribe penalties and punishment for ,iolations thereof:
( 10) Garbage fees. To le,~. fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary sen-ice charge, tax, or fee for such senices as may be necessary in the operation of the town from all indi,iduals. firms, and corporations residing in said town or doing business therein and benefiting from such senices; to enforce the payment of such charges, taxes, or fees; and to prmide for the manner and method of collecting such sen-ice charges:
(11) General health. safe~ and welfare. To define, regulate, and prohibit any act, practice. conduct, or use of proper~ which is detrimental to health, sanitation, cleanliness, welfare. and safetY of the inhabitants of the town, and to prmide 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 and to proYide for the enforcement of such standards;

4476 LOCAL .-\..'\D SPECIAL ACTS .-\..,D RESOLCTio:-.;-s, \'OL. II
(14) Jail sentences. To proYide that persons giYen 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 proYide for commitment of such persons to anyjail; or to proYide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;
(15) Motor ,ehicles. To regulate the operation of motor Yehicles and exercise control OYer all traffic, including parking upon or across the streets, roads, alleys, and walkways of the town;
(16) Municipal agencies and delegation of pmrer. 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;
(17) Municipal debts. To appropriate and borrow money for the payment of debts of the tmrn and to issue bonds for the purpose of raising reYenue to carry out any project, program, or Yenture authorized by this charter or the laws of the State of Georgia;
(18) :\<lunicipal property mrnership. To acquire, dispose of, and hold in trust or othen\'ise 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 proYide for the presenation 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 Yiolations thereof;
(20) Municipal utilities. To acquire. lease. construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of watenrnrks, sewers and drains, sewage disposal, gas ,rnrks, electric light plants, transportation facilities. public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; to pro,ide for the ,\'ithdrawal of sen-ice for refusal or failure to pay the same; 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 tmrn; and to proYide utility sen-ices to persons, firms, and corporations inside and outside the corporate limits of the tmrn as JXOYided by ordinance;
(21) :-.;-uisance. To define a nuisance and proYide for its abatement whether on public or priYate propertY;
(22) Penalties. To proYide penalties for Yiolation 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 prmide comprehensiYe town planning for deYelopment by zoning; and to pro,ide subdi,ision regulation and the like as the town council deems necessary and reasonable to insure a safe, healthy. and aesthetically pleasing community;
(2--1) 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; remoYal. To prmide for the destruction and remoYal of any building or other structure which is or may become dangerous or detrimental to the public;
(26) Public improYements. To prmide 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, consen-ation, sport, curathe, correcthe, detentional, penal, and medical institutions, agencies, and facilities; to prmide any other public improYements, inside or outside the corporate limits of the town; to regulate the use of public improYements; and, for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated 01 such other applicable laws as are or may hereafter be enacted;
(27) Public peace. To proYide for the pre,ention 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 sen-ices. To grant franchises or make contracts for public utilities and public senices and to prescribe the rates, fares. regulations, standards, and conditions of senice applicable to the sen-ice to be prmided by the franchise grantee or contractor, insofar as not in conflict with Yalid regulations of the Public Senice Commission;
(30) Regulation of roadside areas. To prohibit or regulate and control the erection, remoYal, 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 Yie" thereof, within or abutting the corporate limits of the town; and to prescribe penalties and punishment for Yiolation of such ordinances;
(31) Retirement. To proYide 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, paYe, maintain,

44i8 LOCAL .--\.'\ID SPECIAL ACTS .--\."'iD RESOLCTIO:\:S, \'OL. II
repair, clean, preYent erosion of, and light the roads, alleys, and walkways within the corporate limits of the town; to negotiate and execute leases oYer, 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, merpasses, and underpasses for priYate use at such location, and to charge a rental therefor in such manner as may be proYided by ordinance; to authorize and control the construction of bridges, OYerpasses, and underpasses within the corporate limits of the tmrn; to grant franchises and rights-of-way throughout the streets and roads, and oYer the bridges and Yiaducts for the use of public utilities and for priYate 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 leYy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plan and sewerage system and to leYy on those to whom sewers and sewerage systems are made aYailable a sewer ser\"ice fee, charge, or sewer tax for the aYailability or use of the sewers; to . proYide for the manner and method of collecting such senice 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 proYide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; to proYide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials; and to proYide for the sale of such items;
(35) Special areas of public regulation. To regulate or prohibit junk dealers, pa\\n 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, explosiYe, and flammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(36) Special assessments. To le,: and proYide for the collection of special assessments to coyer the costs for any public improYements;
(3i) Taxes: ad rnlorem. To le,: and proYide for the assessment, Yaluation, reYaluation, and collection of taxes on all property subject to taxation;

GEORGIA L-\WS 1999 SESSION

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(38) Taxes: other. To leYY and collect such other taxes as maY be allowed now or in the future by law;
(39) Taxicabs. To regulate and license Yehicles operated for hire in the town; to limit the number of such \ehicles; to require the operators thereof to be licensed; to require public liability insurance on such Yehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such Yehicles;
(40) Crban redeYelopment. To organize and operate an urban redeYelopment program; and
(41) Other powers. To exercise and enjoy all other powers, functions, rights, pri\ileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, c01wenience, 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 herein; to exercise all powers now or in the future authorized to be exercised by other municipal goYernments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusiYe of others, nor restricthe 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.
.-\II powers, functions, rights, priYileges, and immunities of the town, its officers, agencies, or employees shall be carried into execution as pro\ided by this charter. If this charter makes no proYision, such shall be carried into execution as proYided by ordinance or as proYided by pertinent laws of the State of Georgia.
ARTICLE II.
GO\'ER.""\YlE'.\'T STRCCTCRE
SECTION 2.10.
Town council creation; number; election.
The legislatiYe authority of the goYernment of this town, except as otherwise specifically prmided in this charter, shall be Yested in a town council to be composed of a mayor and four councilmembers. The mayor and councilmembers shall be elected in the manner proYided by this charter.

4480 LOCAL A.'m SPECIAL ACTS A.'.\lD RESOLL'TIONS, \'OL. II
SECTION 2.11.
Town council terms and qualifications for office.
The members of the town council shall sen-e for terms of four Years and until their respectiYe successors are elected and qualified. ~o person shall be eligible to sen-e as mayor or councilmember unless he or she shall ha,e been a resident of the tmrn for 12 months immediately prior to the date of the election of mayor or members of the town council. Each such official shall continue to reside in the tmrn during his or her period of senice and continue to be registered and qualified to ,ote in municipal elections of this town.
SECTION 2.12.
\'acancy; suspensions.
(a) Vacancies. The office of maYor or councihnember shall become Yacant upon the incumbent's death, resignation, forfeiture of office, or remmal from office in any manner authorized by this charter or the general laws of the State of Georgia. A Yacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as prmided for in Section 5.14 of this charter.
(b) Suspension. l'pon 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 ,acant and shall be filled for the remainder of the unexpired term, if any, as proYided for in Section 5.1-l of this charter.
SECTION 2.13.
Compensation and expenses.
The mayor and councilmembers shall receiYe compensation and expenses for their sen-ices as pro,ided by ordinance.
SECTION 2.14.
Conflicts of interest; holding other offices.
(a) Conflicts of interest. ~o 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 haYe 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 the independence of his or her judgment or action in the performance of his or her official duties;

GEORGL-\ LAWS 1999 SESSIO'.'\

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(2) Engage in or accept priYate employment or render senices for priYate interests " hen such employment or sen-ice is incompatible "ith 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, goYernment, or affairs of the goyernmental body by which he or she is engaged "ithout proper legal authorization or use such information to adYance the financial or other priYate interests of that person or others;
(-!) ..\ccept any Yaluable gift, \\'hether in the form of serYice, loan , thing. or promise, from any person, firm , or corporation which to his or her knowledge is interested, directly or indirectly, in any manner '"hatsoeYer, in business dealings with the goyernmental body by which he or she is engaged; proYided, ho,\'eYer, that an elected official " ho is a candidate for public office may accept campaign contributions and senices in connection with any such campaign;
(5) Represent other priYate interests in any action or proceeding against this town or any portion of its goyernment; or
(6) \'ote or othernise participate in the negotiation or in the making of anY. contract with am. business or entitY. in \\'hich he or she has a financial interest.
(b) Disclosure. Any elected official, appointed officer, or employee who shall ha,e any priYate financial interest, directly or indirectly, in any contract or matter pending before or "ithin any department of the town shall disclose such interest to the tmrn council. The maY. or or am. councilmember "ho has a pri,ate financial interest in any matter pending before the town council shall disclose such interest, such disclosure shall be entered on the records of the tmrn council, and he or she shall disqualify himself or herself from participating in any decision or Yote relating thereto. Any elected official, appointed officer, or emploYee of any agency or political entitY to which this charter applies \\'ho shall haYe any priYate financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the goYerning body of such agency or entity.
(c) Cse of public property. ~o elected official, appointed officer, or employee of the tmrn or any agency or entity to " hich this charter applies shall use property mrnecl bY such goYernmental entitY for personal benefit, c01wenience. or profit except in accordance " ith policies promulgated by the tmrn council or the goYerning body of such agency or entity.
(cl) Contracts Yoiclable and rescindable. Am Yiolation of this section which occurs \\'ith the knmdeclge, express or impiied, of a partY to a contract or

4482 LOCAL .-\.,D SPECIAL ACTS .-\.,D RESOLCTIO:\S, \'OL. II
sale shall render said contract or sale Yoidable at the option of the town council.
(e) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other electiYe or compensated appointiYe office in the town or otherwise be employed by said gmernment or any agency thereof during the term for which he or she was elected.
(f) Political actiYities of certain officers and employees. :\o appointed 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) Penalties for ,iolation.
( 1) Any town officer or employee who knowingly conceals such financial interest or knowingly Yiolates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to haYe forfeited his or her office or position.
(2) A.ny officer or employee of the town 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 town gmernment for a period of three years thereafter.
SECTION 2.15.
Inquiries and inYestigations.
The town council may make inquiries and imestigations 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 eYidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the town council shall be punished as proYided by ordinance.
SECTION 2.16.
General power and authority of the town council.
Except as otherwise proYided by law or this charter, the town council shall be Yested with all the powers of gmernment of this town as proYided by Article I.
SECTION 2.17.
Eminent domain.
The town 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,

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educational, recreational, sport, curatiYe, correctiYe, detentional, penal, and medical institutions, agencies, and facilities, and any other public improYements inside or outside the town, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as proYided in the future.
SECTION 2.18.
Organizational meetings.
The mayor and town council shall hold an organizational meeting on the first \ilonday in January following each municipal election. In the eYent both the mayor and the mayor pro tempore are serYing terms of office which are to expire on December 31 of that election year, the meeting shall be called to order bY the town clerk, and the oath of office shall be administered to the newlY elected members as follows:
1 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 Cnited States of America...
Should any official-elect be absent from said meeting, he or she shall take the oath of office as soon as possible thereafter.
SECTION 2.19.
Regular and special meetings.
(a) The town council shall hold regular meetings at such times and places as prescribed by ordinance.
(b) Special meetings of the tmrn council may be held on call of the mayor or three members of the town council. :'\otice of such special meetings shall be sened on all other members personally, or by telephone personally, at least 48 hours in adYance 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 waiYed bY a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waher of notice on am business transacted in such councilmember's presence. Only the bt;siness 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, and notice to the public of special meetings shall be made as fully as is reasonably possible at least 48 hours prior to such meetings.
SECTION 2.20.
Rules of Procedure.
(a) The town council shall adopt its rules of procedure and order of business consistent with the proYisions of this charter and shall proYide for keeping a journal of its proceedings, which shall be a public record.

4484 LOCAL A.1\iD SPECIAL ACTS .-\.'-W RESOLCTIO:\'S, \'OL. II
(b) .-\II committees and committee chairpersons and officers of the town council shall be appointed by the mayor and shall serYe at his or her pleasure. The mayor shall haYe the power to appoint new members to any committee at any time.
SECTION 2.21.
Quorum; ,oting.
The maYor and three councilmembers shall constitute a quorum and shall be authorized to transact business of the town council. \'oting on the adoption of ordinances shall be by rnice rnte and the rnte shall be recorded in the journal, but any member of the tmrn council shall haYe the right to request a roll-call rnte and such ,ote shall be recorded in the journal. Except as othernise 1xo,ided in this charter, the affirmati,e Yote of a majority of councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
SECTION 2.22.
Ordinance form: procedures.
(a) EYery proposed ordinance should be introduced in writing and in the form required for final adoption. '.\o ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the Town of Buckhead hereb,. ordains... and eYerY. ordinance shall so begin .
(b) An ordinance may be introduced by an\' councilmember and be read at a regular or special meeting of the tmrn council. Ordinances shall be considered and adopted or rejected by the tmrn council in accordance with the rules which it shall establish; proYided, hml"eYer, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances proYided in Section 2.24 of this charter. L' pon 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 tmrn cou11cil may designate.
SECTION 2.23.
Action requiring an ordinance.
Acts of the town council which haYe the force and effect of law shall be enacted b, ordinance.
SECTION 2.24.
Emergencies.
To meet a public emergency affecting life, health, property, or public peace, the town council ma\' comene on call of the maYor or two

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councilmembers and may promptly adopt an emergency ordinance, but such ordinance may not Jeyy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its sen-ices; 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. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmati,e Yote of at least three councilmembers shall be required for adoption. It shall become effecti,e upon adoption or at such later time as it may specifr. E,ery emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not pre,ent 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 town council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements goYerning such adopting ordinance shall be as prescribed for ordinances generally except that: (I) 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 aYailable by the clerk for distribution or for purchase at a reasonable price.
SECTION 2.26.
Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the town council.
(b) The town council shall proYide for the preparation of a general codification of all the ordinances of the town haYing the force and effect of law. The general codification shall be adopted by the tmrn council by ordinance and shall be published promptly, together with all amendments

4486 LOCAL A:\'D SPECIAL ACTS .-\.'\'D RESOLL'TIO:\"S, VOL. II
thereto and such codes of technical regulations and other rules and regulations as the town council may specify. This compilation shall be knmrn and cited officialh- as "The Code of the Town of Buckhead, Georgia... Copies of the code shall be furnished to all officers, departmen ts, and agencies of the tmrn and shall be made aYailable 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 a,ailable 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 thereafter, the ordinances and charter amendments shall be printed in substantialh- the same stYle as the code cnrrenth- in effect and shall be suitable in rorm for incorporation therein. The tmrn council shall make such further arrangements as deemed desirable with the 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 ma~or; forfeiture; compensation.
The maYor shall be elected and shall sene for a term of four Years and until his or her successor is elected and qualified. The mayor shali be a qualified elector of this town and shall haYe been a resident of the town immediately preceding his or her election. The mayor shall continue to reside in thi~ tmrn during the period of his or her ser\"ice. He or she shall forfeit his or her 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.
:\fayor pro tempore.
BY a majority Yote, the town council shall elect a councilmember to serYe as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayors disability or absence. Any such disability or absence shall be declared by a majority rnte of the town council.
SECTION 2.29.
Powers and duties of ma,or.
The mayor shall:
( 1) Preside at all meetings of the town council;
(2) Be the head of the town for the purpose of sen-ice of process and for ceremonial purposes and be the official spokesperson for the town and the chief adrncate of polin;

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(3) HaYe the power to administer oaths and to take affidaYits;
(4) Sign as a matter of course on behalf of the town all written and approYed contracts, ordinances, and other instruments executed by the town which by law are required to be in writing;
(5) \'ote on matters before the town council only in case of a tie \ote and be counted toward a quorum as any other councilmember;
(6) Prepare and submit to the town council a recommended annual operating budget and recommended capital budget; and
(i) Fulfill such other executiYe and administrathe duties as the town council shall bY ordinance establish.
SECTION 2.30.
\fayor pro tempore; selection; duties.
By a majority Yote, the town council shall elect a councilmember to serYe as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the town council and shall assume the duties and powers of the mayor upon the mayors disability or absence. The town council by a majority Yote 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. ,\ny such absence or disability shall be declared by majority \ote of all councilmembers.
ARTICLE Ill .
.\D\11~ISTRATI\'E AFFAIRS
SECTION 3.10.
Administrathe and senice departments.
(a) Except as otherwise proYided in this charter, the town council by ordinance shall prescribe the functions or duties of and establish, abolish. or alter all nonelecthe offices. positions of employment, departments, and agencies of the town as necessary for the proper administration of the affairs and goYernment of the town.
(b) Except as otherwise proYided by this charter or by law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respecthe administratiYe and professional qualifications.
(c) All appointed officers and directors of departments shall recehe 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

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superYision of the mayor, be responsible for the administration and direction of the affairs and operations of his or her department or agency.
(e) .-\II directors under the superYision of the man>r shall be nominated by the mayor with confirmation of appointment by the town council. The mayor. upon direction of the town council. may suspend or remme directors under his or her superYision. but such suspension or remoYal shall not be effectin'" for snen calendar days following the mayor giYing written notice of such action and the reasons therefor to the director inrnlwd and to the town council. The director inYolYed may appeal to the town council which, after a hearing, may oYerride the maYor's action by a \'ote of three councilmembers.
SECTION 3.11.
Boards, commissions, and authorities.
(a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill any i1n-estigati,e, quasi:judicial. or quasi-legislati,e function the town council deems necessary and shall b, ordinance establish the composition. period of existence.' duties, and po~\'ers thereof.
(b) ,-\II 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 pro,ided bY ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or b, la\\".
(c) The town council by ordinance ma\' proYide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authoritY.
(d) Except as otherwise pro,ided by this charter or by law, no member of am board, commission. or authorit\' shall hold any electhe office in the town .
(e) .-\ny yacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed in this section for original appointment. except as otherwise proYided b~- this charter or by hnr.
(f) '.'\o member of a board, commission. or authoritY shall assume office until he or she has executed and filed with the clerk of the town an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance and administered bY. the m,n.-or.
(g) Any member of a board, commission, or authority may be remoYed from oftice for cause b, a ,ote of three members of the town council.
(h) Except as otherwise pro,ided by this charter or by law, each board, commission. or authoritY of the town shall elect one of its members as

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chairperson and one member as Yice chairperson and ma\' elect as its secretary one of its own members or may appoint as secretary an employee of the town. Each board shall pass rules and regulations, not inconsistent with this charter, ordinances of the tmrn, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such rules and regulations shall be filed with the clerk of the town .
SECTION 3.12.
Town attorneY.
The tmrn council shall appoint a town attorney, together "ith such assistant town attorneys as may be authorized, and shall proYide for the payment of such attorney or attorneys for serYices rendered to the tmrn. The tmrn attorney shall be responsible for representing and defending the town in all litigation in which the town is a party; may be prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall adYise 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 or her by Yirtue of his or her position as town attorney.
SECTION 3.13.
Tmrn clerk.
The tmrn council shall appoint a town clerk who shall not be a councilmember. The town clerk shall be custodian of the official tmrn seal; maintain town council records required by this charter; and perform such other duties as may be required by the town council.
SECTION 3.14.
Town treasurer.
The tmrn council shall appoint a tmrn treasurer to collect all taxes, licenses, fees, and other moneys belonging to the town subject to the proYisions 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 by the town. The town treasurer shall also be responsible for the general duties of a treasurer and fiscal officer.
SECTION 3.15.
Town accountant.
The tmrn council shall appoint a town accountant to perform the duties of an accountant.

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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 town council for apprmal. Such plan may apply to all employees of the town and any of its agencies. departments, boards, commissions, or authorities. \.\'hen a pay plan has been adopted, the town 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 town officials are not town employees.
SECTION 3.17.
Personnel policies.
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 the position classification and pay plan, methods of promotion and application of sen-ice ratings thereto, and transfer of employees within the classification plan; (3) hours of work, Yacation, sick leaYe, other lea,es of absence, mertime pay, and the order and manner in which layoffs shall be effected; (4) such dismissal hearings as due process ma~ require; and (5) such other personnel notices as may be necessary to proYide for adequate and systematic handling of personnel affairs.
ARTICLE I\'.
JCDICL-\L BR-\..'\CH
SECTION 4.10.
Creation; name.
There shall be a cm11t to be known as the '.\-hmicipal Court of the Town of Buckhead.
SECTION 4.11.
Chief judge; associate judge.
(a) The municipal court shall be presided oYer by a chiefjudge and such part-time, full-time , or stand-by judges as shall be proYide<l by ordinance. The method of selection and terms of such judges shall be prmided by ordinance.
(b) ;-,;o person shall be qualified or eligible to serYe as a judge on the municipal court unless he or she shall hme attained the age of25 years and shall haYe a high school diploma or its equhalent. The chiefjudge shall be nominated and appointed by the mayor and council and shall ser\'e at the

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pleasure of the mayor and council. .--\.11 other judges shall be nominated by the chief judge and appointed bY the mayor and council.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges may be remoYed for cause by an affirmati,e \'Ote of three members of the town council.
(e) Before assuming office, each judge shall take an oath, giYen 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 and without fear. favor, or partiality. The oath shall be entered upon the minutes of the town council journal required in Section 2.20 of this charter.
SECTION 4.12.
ConYening.
The municipal court shall be conYened at regular inten-als as proYided by ordinance.
SECTION 4.13.
Jurisdiction; powers.
(a) The municipal court shall try and punish Yiolations of this charter, all town ordinances. and such other Yiolations as proYided by law.
(b) The municipal court shall ha,e authority to punish those in its presence for contempt. pro,ided that such punishment shall not exceed S200.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of S1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine. imprisonment. or alternatiYe sentencing as now or hereafter proYided bY law.
(d) The municipal court shall ha\'e authority to establish a schedule offees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals. transportation, and caretaking of prisoners bound O\'er to superior courts for ,iolations of state law.
(e) The municipal court shall haYe authoritY to establish bail and recognizances to ensure the presence of those charged with Yiolations before said court and shall haYe discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. \\11ene,er any person shall giYe 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 and an execution issued thereon by sen-ing the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or

H92 LOCAL ...\..'\D SPECIAL ..\CTS ...\..'\D RESOLL'TIO:\'S, \'OL. II
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 tmrn or the property so deposited shall haYe a lien against it for the yaJue forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes.
(f) The municipal court shall haYe the same authority as superior courts to compel the production of e,idence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessan.
(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 ,rhich may. be sened as executed bY. am. officer as authorized
bY. this charter or bY. hnr.
(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against an~ ordinance of the town, and each judge of the municipal court shall haYe the same author'ity as a magistrate of the state to issue warrants for offenses against state laws committed within the tmrn.
(i) The municipal court is specifically Yested with all the jurisdiction and powers throughout the geographic area of this tmrn 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 Yiolations.
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 Yiolations cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of ~Jorgan Coun~ under the Jaws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15.
Rules for court.
With the apprornl of the town council, the judge shall haYe full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; prmided, howeYer, 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 arnilable for public inspection. and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least -18 hours prior to said proceedings.

GEORGI.-\ L-\.WS 1999 SESSlO:\'
.-\.RTICLE \'.
ELECTIO:\'S .-\:\'D RE\1O\'.-\.L
SECTION 5.10.
Applicability of general law.
.-\11 primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia .-\nnotated. known as the "Georgia Election Code.
SECTION 5.11.
Regular elections; time for holding.
On the first Tuesday following the first \londa, in :\'oYember. 1999, and on that day quadrennially thereafter, there shall be an election for the mayor and town council. The terms of office shall begin at the time of taking the oath of office as proYided in Section 2.18 of this charter.
SECTION 5.12.
:\'onpartisan elections.
Political parties shall not conduct primaries for tmrn offices and all names of candidates for tmrn offices shall be listed " ithout partY designations.
SECTION 5.13.
Election by plurality.
The person recei,ing a plurality of the Yotes cast for any tmrn office shall be elected.
SECTION 5.14.
Filling of Yacancies.
In the eYent that the office of maYor or councilmember shall become Yacant for any cause whatsoe,er, the town council or those members remaining shall appoint a successor for the remainder of the term.
SECTION 5.15.
Other proYisions.
Except as otherwise proYicled by this charter, the town council shall by ordinance prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under the Chapter 2 of Title 21 of the Official Code of Georgia .-\nnotated. known as the "Georgia Election Code ...

+!94 LOCAL .-\.'\D SPECIAL ACTS .-\.'\D RESOLLTIO'.',;S, \'OL. II
SECTION 5.16.
Remmal of officers.
The mayor, councilmembers, or other appointed officers proYided for in this charter shall be remmed from office for am one or more of the following causes:
( 1) By an order of the Superior Court of :\-lorgan County following a hearing on a complaint seeking such remornl brought by any resident of the Town of Buckhead.
(2) By recall pursuant to Georgia law; or
(3) Pursuant to the terms of general law.
ARTICLE \1.
Fl:'\.-\."\iCE
SECTION 6.10.
Property tax.
The town council may assess, leYy, and collect an ad ,alorem 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 reYenues to defray the costs of operating the tmrn gowrnment, of prmiding goYernmental sen-ices, 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.
'.\lillage rate; due dates; payment methods.
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 proYide for the payment of these taxes by installments or in one lump sum, as well as authorize the ,oluntary payment of taxes prior to the time when due.
SECTION 6.12.
Occupation and business taxes.
The town council by ordinance shall ha,e the power to le,y such occupation or business taxes as are not denied by law. Such taxes may be levied on both indhiduals and corporations who transact business in this town or who practice or offer to practice any profession or calling therein to the extent such persons ha,e 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

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may be lawful and may compel the payment of such taxes as pro,ided in Section 6.18 of this charter.
SECTION 6.13.
Licenses; permits; fees.
The town council by ordinance shall ha,e the power to require any indiYiduals or corporations who transact business in this town or who practice or offer to practice any profession or calling therein to obtain a license or permit for such actiYity from the town and pay a reasonable fee for such license or permit " here such actiYities 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 actiYity and, if unpaid, shall be collected as proYided 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 necessitates.
SECTION 6.14.
Franchises.
The town council shall haYe 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 teleYision, gas companies, transportation companies, and other similar organizations. The town council shall determine the duration, terms, whether the same shall be exclusi\'e or nonexclusi\'e, and the consideration for such franchises; proYided, howe,er, no franchise shall be granted unless the town receiYes just and adequate compensation therefor. The town council shall pro,ide for the registration of all franchises with the town clerk in a registration book kept by the clerk. The town council may proYide by ordinance for the registration within a reasonable time of all franchises pre\'iously granted.
SECTION 6.15.
Ser\'ice charges.
The town council by ordinance shall ha\'e the power to assess and collect fees, charges, and tolls for sewers, sanitary and health senices, or any other senices proYided or made aYailable within and outside the corporate limits of the town for the total cost to the tmrn of proYiding or making aYailable such senices. If unpaid, such fees, charges, and tolls shall be collected as prmided in Section 6.18 of this charter.
SECTION 6.16.
Special assessments.
The town council by ordinance shall haYe the power to assess and collect the cost of constructing, reconstructing, widening, or improYing any public

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way, street, side\\alk, 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 proYided in Section 6.18 of this charter.
SECTION 6.17.
Construction; other taxes.
This town shall be empowered to Jeyy any other tax allowed now or hereafter bY law, and the specific mention of any right, po\\er, or authority in this article shall not be construed as limiting in any way the general powers of this town to gowrn its local affairs.
SECTION 6.18.
Collection of delinquent taxes and fees.
The town council by ordinance maY proYide generally for the collection of delinquent taxes. fees, or other reYenue due the town under Sections 6.10 through 6.17 of this charter by whateYer reasonable means as are not precluded bY law. This shall include proYiding 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; reYoking tmrn licenses for failure to pay any tmrn taxes or fees; and proYiding for the assignment or transfer of tax executions.
SECTION 6.19.
General obligation bonds.
The town council shall han the power to issue bonds for the purpose of raising reYenue to carry out any project. program, or ,enture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the la\\s gmerning bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20.
ReYenue bonds.
ReYem1e bonds ma, be issued bY the town council as state law now or hereafter proYides. Such bonds are to be paid out of any rewnue produced by the project, program, or Yenture for which they were issued.
SECTION 6.21.
Short-term loans.
The town may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise proYided by law.

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SECTION 6.22.
Fiscal \'ear.
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 e\"ery office, department, agency, and acti\'ity of the to\\n go\'ernment.
SECTION 6.23.
Preparation of budgets.
The town council shall prO\ide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital impro\"ements 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 town council.
On or before a date fixed b\' the town council but not later than -15 da\'S prior to the beginning of each fiscal year, the mayor shall submit to tl~e town council a proposed operating budget for the ensuing fiscal \'ear. 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 smnmary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget and the capital impro\'ements budget pro\'ided for in Section 6.28 of this charter, 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.
Action by tom1 council on budget.
(a) The tmrn council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must pro\"ide for all expenditures required by state law or by other pro\'isions of this charter and for all debt ser\'ice requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, resen-es, and re\'enues.
(b) The tO\rn council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the thirty-first day of June each year. If the town 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 town council adopts a

4-198 LOCAL .-\..,D SPECIAL .--\CTS .-\..,D RESOLL'TIO::\'S, \'OL. II
budget for the ensuing fiscal year...\doption of the budget shall take the form of an appropriations ordinance setting out the estimated reYenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or actiYity 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 encumbered balance of the appropriation or allotment thereof to which it is chargeable.
SECTION 6.26.
Tax leYies.
Following adoption of the operating budget, the tmrn council shall le,~ by ordinance such taxes as are necessan-. The taxes and tax rates set bY such ordinance shall be such that reason~ble estimates of reYenues fron~ such le\'\' shall at least be sufficient, together with other anticipated reYenues, fund balances, and applicable resenes, to equal the total amount appropriated for each of the seYeral funds set forth in the annual operating budget for defraying the expenses of the general goyernment of this town.
SECTION 6.27.
Changes in appropriations.
The town council b, ordinance ma\' 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 6.28.
Capital improYements budget.
(a) On or before the date fixed bY the tmrn council but no later than 45 days prior to the beginning of eachfiscal year, the mayor shall submit to the town council a proposed capital improYements budget with his or her recommendations as to the means of financing the improYements proposed for the ensuing fiscal year. The town council shall haYe power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The town council shall not authorize an expenditure for the constructing of any building, structure, work, or i1'nproYement unless the appropriations for such project are included in the capital imprmements budget, except to meet a public emergency as proYided in Section 2.24 of this charter.
(b) The town council shall adopt by ordinance the final capital imprmements budget for the ensuing fiscal year not later than the thirty-first day

GEORGL\ L-\WS 1999 SESSIO:':

4499

of June of each year. :'\o appropriation prmided in a prior capital improYements budget shall lapse until the purpose for which the appropriation was made shall haYe been accomplished or abandoned; proYided, howeYer, the mayor may submit amendments to the capital improYements budget at any time during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital imprmements budget shall become effectiYe only upon adoption by ordinance.
SECTION 6.29.
Independent audit.
There shall be an annual independent audit of all town accounts, funds, and financial transactions by a certified public accountant selected by the town council. The audit shall be conducted according to generally accepted accounting principles..\ny audit of any funds by the state or federal gmernments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be a,ailable at printing costs to the public.
SECTION 6.30.
Contracting procedures.
:'\o contract with the town shall be binding on the town unless:
(1) It is in writing;
(2) It is drawn by or submitted to and reYiewed by the town attorney and, as a matter of course, it is signed by the town attorney to indicate such drafting or re,iew; and
(3) It is made or authorized by the town council and such apprmal is entered in the town journal of proceedings pursuant to Section 2.21 of this charter.
SECTION 6.31.
Centralized purchasing.
The town council shall by ordinance prescribe procedures for a system of centralized purchasing for the town.
SECTION 6.32.
Sale of town property.
(a) The town council may sell and conYey any real or personal property owned or held by the town for goYernmental or other purposes as now or hereafter prmided by law.
(b) The town council may quitclaim any rights it may haYe in property not needed for public purposes upon report by the mayor and adoption of a

4500 LOCAL A.."\'D SPECIAL ACTS .-\.". \'D RESOLCTIO'.\iS, \'OL. II
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 ya)ue.
(c) \\11eneYer in opening, extending, or widening any street, aYenue, 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 deliYer in the name of the town a deed corneying said cut-off or separated parcel or tract of land to an abutting or adjoining property O\\"ner or owners in exchange for rights-of-way of said street, aYenue, alley, or public place when such exchange is deemed to be in the best interest of the town. All deeds and conYeYances heretofore and hereafter so executed and deliYered shall c01n-ey all title and interest the town has in such property, notwithstanding the fact that no public sale after adYertisement was or is hereafter made.
ARTICLE \11.
GE:\"ER-\L PR0\1SIO!\"S
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 proYided by law.
SECTION 7.11.
Prior ordinances.
All ordinances, resolutions, rules, and regulations that are now in force in the town and are not inconsistent with this charter are declared Yalid and of full effect and force until amended or repealed by the tmrn council.
SECTION 7.12.
First election under this charter.
The first municipal election shall be the first Tuesday following the first Monday in '.\ioyember, 1999, at \\hich the mayor's and all councilmembers' positions shall be filled.
SECTION 7.13.
Existing personnel and officers.
Except as specifically proYided otherwise by this charter, all personnel and officers of the town and their rights, priYileges, and powers shall continue beyond the time this charter takes effect for a period of 365 days before or during which the existing town council shall pass a transition ordinance

GEORGI.-\ L-\WS 1999 SESSIO~

4501

detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, prhileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.14.
Pending matters.
Except as specifically proYided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administratiYe proceedings shall continue, and any such ongoing work or cases shall be completed by such town agencies, personnel, or offices as may be proYided by the town council.
SECTION 7.15.
Construction.
(a) Section captions in this charter are informatiYe only and are not to be considered as a part thereof.
(b) The word ..shall" is mandatory and the word .. may" is permissiYe.
(c) The singular shall include the plural, the masculine shall include the feminine, and Yice Yersa.
SECTION 7.16.
SeYerabilitY.
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be i1walid or unconstitutional, such i1walidity 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 inYalid or unconstitutional, it being the legislatiYe 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.
EffectiYe date.
This charter shall become effecthe on July 1, 1999.
SECTION 7.18.
Repealer.
An Act incorporating the Town of Buckhead in the County of '.\1organ, approYed August 17, 1908 (Ga. L. 1908, p. 488), is repealed in its entirety. .-\II laws and parts of laws in conflict with this .-\ct are repealed.

4502 LOCAL A1'-:D SPECIAL ACTS .-\.."iD RESOLCTIO!'\S, \'OL. II

RESOLCTIO!'\

\i\'HEREAS, the City of Buckhead, Georgia is a municipal corporation organized and existing under the laws of the State of Georgia;

\i\'HERE.-\S, the current cit\' charter under which the Cit\' of

Buckhead, Georgia now operation' was enacted 1908;

,

\i\'HEREAS, the yfayor and City Council belieYe that an updated and current city charter is property and necessary for the efficient operation of the Town of Buckhead, Georgia; and

\i\'HERE.-\S, a new City Charter has been presented for the yfayor and City Council's consideration and rnte, a copy of which has been attached hereto,

~OW, THEREFORE, following a general discussion at its regular monthly meeting, and upon motion duly made, seconded and unanimously adopted, it is

RESOLVED , That a new Charter for the City of Buckhead, Georgia, a copy of which is attached hereto, be adopted and that the same be forwarded to the honorable Bob Smith, Representati\'e, for introduction and passage of said charter by the Legislature of the State of Georgia,

s/ SteYe Bryant Ma\'or

s/ Charles Bell Councilman

s/ Gail D. Wade Councilman

s/ Nelson Stewart Councilman

Councilman
!',;OTICE OF INTE:--iTIO!\i TO INTRODL' CE LOCAL
LEGISLATION
Notice is ghen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to pro\'ide a new charter for the Town of Buckhead; and for other purposes.
This 2nd day of Ylarch, 1999.
s/ CHARLES W. MERRITT, JR.
GEORGI.-\, FCLTON COCNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Smith, who on oath deposes and says that he

. .:.-: -..

, ., 1> , 1Hi1,,- ,.,,.,

'

'



' '

, '

") \

''' '

'

'

'

GEORGL\. L\WS 1999 SESSIOJ\'

4503

is the RepresentatiYe from the 91st District and further deposes and says as follows:
(I) That the attached '.'\otice of Intention to Introduce Local Legislation was published in the Yladisonian which is the official organ of Ylorgan County on the following date: Ylarch 4, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, municipality, or consolidated goYernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated goYernment or the bill affects a local school SYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-1. 1.
s/ BOB SMITH RepresentatiYe, 91st District
Sworn to and subscribed before me, this 8th day of Ylarch, 1999.
s/ TERESA .\DKI:'.'iS '.'\otary Public, Clayton County, Georgia Yly Commission Expires Jan. 5, 2001 (SEAL)
.-\.pprmed April 16, 1999.

CITI' OF COLQCITT - '.'\EW CHARTER. '.'\o. 20i (House Bill '.'\o. 950). ,.\.'\ .\CT
To prmide a new charter for the City of Colquitt, Georgia; to proYide for incorporation, boundaries, and powers of the city; to proYide for a

4504 LOC.-\L .-\'.\:D SPECI.-\L .-\CTS .-\.'\D RESOLCTIO'.\:S, \'OL. II
governing authority of such city and the powers, duties, authority, election, terms, method of filling Yacancies, compensation, expenses, prohibitions, conflicts of interest, suspension and remoYal from office relative to members of such gmerning authority; to proYide for elections; to provide for inquiries and i1n-estigations; to proYide for oaths, organization, meetings, quorum, voting, rules, and procedures; to proYide for ordinances and codes; to provide for the office of mayor and certain duties and powers relathe to the office of mayor; to proYide for administrati,e affairs and responsibilities; to proYide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a city treasurer, and other personnel and matters relating thereto; to proYide for rules and regulations; to proYide for a municipal court and the judge or judges thereof; to proYide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to pro\"ide for taxation, licenses, and fees; to prmide for franchises, sen-ice charges, and assessments; to provide for bonded and other indebtedness; to prmide for auditing, accounting, budgeting, and appropriations; to proYide for contracts and purchases; to provide for the disposition of property: to proYide for bonds for officials: to provide for eminent domain; to proYide for penalties; to prmide for definitions and construction; to pro,ide for other matters relative to the foregoing; to repeal a specific .-\ct; to repeal conflicting laws; and for other purposes.
BE IT E'.\:.-\CTED BY THE GE~ER.-\L .-\SSDIBLY OF GEORGI.-\:
ARTICLE I
1:-.JCORPOR...\TIO'.\: .-\.'\D PO\\'ERS
SECTION 1.10.
Incorporation.
The City of Colquitt in ~tiller County, Georgia, is reincorporated by the enactment of this ...\ct and is constituted and declared a body politic and corporate under the name and style of the "'City of Colquitt, Georgia. References in this .-\ct to "the city" or "this city" refer to the City of Colquitt, Georgia. The city shall haYe perpetual existence.
SECTION 1.11.
Corporate boundaries.
The boundaries of this city shall be those existing on the eflectiYe date of the adoption of this .-\ct with such alterations as may be made from time to time by local law or in the manner proYided by general state law. The boundaries of this citY at all times shall be shown on a map, a \\Titten description, or any c01~1bination 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 '.\1ap or Description of the Corporate Limits of the City of

GEORGI.-\. L--\WS 1999 SESSIO:\'

4505

Colquitt, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as eYidence in all courts and shall ha\'e the same force and effect as the original map or description.
SECTION 1.12.
\Iunicipal powers.
(a) This city shall haYe all powers possible for a city to haYe under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this .-\.ct. This city shall ha\'e all the powers of self-goyernment not otherwise prohibited by this .-\.ct or by general law.
(b) The powers of this city shall be construed liberally in farnr of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:
(1) .--\.ir and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to preYent the pollution of natural streams which flow within the corporate limits of the city;
(2) .--\nimal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to proYide for the impoundment of same if in Yiolation of any ordinance or la\\ful order; to proYide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as prmided by ordinance; and to proYide punishment for Yiolation of ordinances enacted under this paragraph;
(3) Appropriations and expenditures. To make appropriations for the support of the goYernment of the city; to authorize the expenditure of money for any purposes authorized by this .--\ct and for any purpose for which a municipality is authorized by the la"s of the State of Georgia; and to proYide for the payment of expenses of this city;
(-1) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law;
(5) Business regulation and taxation. To leYy and to proYide for the collection of license fees and taxes on priYileges, occupations, trades, and professions; to license and regulate the same; to proYide for the manner and method of payment of such licenses and taxes; and to reYoke such licenses after due process for the failure to pay any city taxes or fees;

4506 LOC.-\L .-\.,D SPECI.-\L .-\CTS .-\.,D RESOLL'TIO:'\S, \'OL. II
(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 goYerning authority, utilizing procedures enumerated in Title 22 of the O.C.G..-\. or such other laws as are or may hereafter be enacted:
(7) Contracts. To enter into contracts and agreements with other gO\ernments and entities and with priYate 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 proYisions 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 pre,ention and detection and to fire fighting; and to prescribe penalties and punishment for ,iolations thereof;
(10) Garbage fees. To Ie,y, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary senice charge, tax, or fee for such senices as may be necessary in the operation of the city from all indi,iduals, firms, and corporations residing in or doing business within the city and benefiting from such sen-ices: to enforce the payment of such charges, taxes, or fees; and to prO\ide for the manner and method of collecting such senice charges:
(] 1) 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 pro,ide 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 proYide for the enforcement of such standards;
(14) Jail sentences. To proYide that persons giYen 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 city; to proYide for the commitment of such persons to any jail; or to proYide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;

GEORGI.-\ L-\WS 1999 SESSIO:\'

-1507

(15) '.\lotor Yehicles. To regulate the operation of motor ,ehicles and exercise control mer all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(16) '.\fonicipal 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) '.\fonicipal debts. lo appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising reYenue to carry out any project, program, or Yenture authorized by this .-\ct or the laws of the State of Georgia;
(18) '.\lunicipal property ownership. To 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) '.\hmicipal property protection. To prmide for the preserYation 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 Yiolations thereof;
(20) '.\-lunicipal 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 prmide for the withdrawal of senice 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 prcwide utility sen-ices to persons, firms, and corporations inside and outside the corporate limits of the city as proYided by ordinance;
(21) :\'uisances. To define a nuisance and pro,ide for its abatement whether on public or priYate property;
(22) Penalties. To prmide penalties for dolation of any ordinances adopted pursuant to the authority of this .-\ct and the laws of the State of Georgia;
(23) Planning and zoning. To prmide comprehensiYe city planning for deYelopment by zoning and to proYide subdhision regulation and the like as the citY council deems necessary and reasonable to ensure a safe, healthy, a1;d aesthetically pleasing community;
(24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency;

4508 LOCAL .-\.;"\;D SPECIAL ACTS .-\..,D RESOLCTIO~S. \'OL. II
(25) Public hazards; remoYal. To proYide for the destruction and remoYal of any building or other structure which is or may become dangerous or detrimental to the public;
(26) Public improYements. To proYide for the acquisition, construction, building, operation, and maintenance of public \\ays, 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, consen-ation, sport, curatiYe, correctiYe, detentional, penal, and medical institutions, agencies, and facilities; to proYide any other public improYements inside or outside the corporate limits of the city; to regulate the use of public improYements; 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 ma\" hereafter be enacted;
(27) Public peace. To proYide for the pre\ention 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 senices. To grant franchises or make contracts for public utilities and public sen-ices and to prescribe the rates, fares, regulations, and the standards and conditions of sen-ice applicable to the senice to be proYided by the franchise grantee or contractor, insofar as not in conflict with Yalid regulations of the Public Sen-ice Commission;
(30) Regulation of roadside areas. To prohibit or regulate and control the erection, renwYal, 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 Yiew thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for Yiolation of such ordinances;
(31) Retirement. To proYide 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, paYe, curb, gutter, adorn with shade trees, or otherwise improYe, maintain, repair, clean, preYent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to negotiate and execute leases mer, 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

GEORGL-\ L-\\\'S 1999 SESSIO~

4509

bridges, merpasses, and underpasses for priYate use at such location and to charge a rental therefor in such manner as may be prmided by ordinance; to authorize and control the construction of bridges, O\'erpasses, and underpasses within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and mer the bridges and Yiaducts for the use of public utilities and for priYate 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 le,y a 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 le,: on those to whom sewers and sewerage systems are made aYailable a sewer sen-ice fee, charge, or tax for the aYailability or use of the sewers; to proYide for the manner and method of collecting such sen-ice charge; and to impose and collect a sewer connection fee or fees from those connected to the system;

(34) Solid waste disposal. To proYide 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 pro,ide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and prmide 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, explosiYe, 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 le,: and proYide for the collection of special assessments to coYer the costs of any public improYement;

(37) .-\d ,alorem taxes. To le,: and proYide for the assessment, Yaluation, reYaluation, and collection of taxes on all property subject to taxation;

(38) Other taxes. To !en and collect such other taxes as ma, be

allowed now or in the fut~tre by law;



(39) Taxicabs. To regulate and license ,ehicles operated for hire in the city; to limit the number of such Yehicles; to require the operators thereof to be licensed; to require public liability insurance on such

4510 LOCAL .-\.,D SPECIAL ACTS .-\.,D RESOLCTIO:\'S, \'OL. II
Yehides in the amounts to be prescribed by ordinance; and to regulate the parking of such Yehicles;
(40) Crban redeYelopment. To organize and operate an urban rede,elopment program; and
(41) Other powers. To exercise and enjoy all other powers, functions, rights, prhileges, and immunities necessary or desirable to promote or protect the safety, health, peace. security, good order, comfort, conYenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this Act as fully and completeh- as if such powers were fully stated in this Act; and to exercise all powers now or in the future authorized to be exercised by other municipal goyernments under other laws of the State of Georgia; and no listing of particular powers in this Act shall be held to be exclusiYe of others, nor restrictiYe 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 01: applicable laws of the State of Georgia.
SECTION 1.13.
Exercise of powers.
All powers, functions. rights, priYileges. and immunities of the city, its officers, agencies, or employees shall be carried into execution as proYided by this Act. If this Act makes no proYision, such shall be carried into execution as prO\ided by ordinance or as proYided by pertinent laws of the State of Georgia.
ARTICLE II
GO\'ER.'\''.\-IE:\'T STRCCTCRE, ELECTIO:\'S, .-\.,D RE\10\'AL
SECTION 2.10.
CitY council creation; composition; number; election.
(a) The legislatiYe authority of the goYernment of this city. except as otherwise specifically proYided in this Act, shall be Yested in a city council to be composed of a mayor and four councilmembers. to be known as the citY council. The citY council established in this ..\ct shall in all respects be a s~tccessor to and c~ntinuation of the city gO\erning authority under prior law. The mayor and councilmembers shall exercise their powers in such manner as prescribed by this Act, the Constitution and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Colquitt.
(b) The maYor and councilmembers shall sene for terms of four Years and until their r~specthe successors are elected and qualified. '.\:o pe1:son shall be eligible to serYe as mayor or councilmember unless he shall haYe been

GEORGL-\ L\WS 1999 SESSIO~

4511

a resident of this city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of sen-ice and shall be registered and qualified to rnte in municipal elections of this city.
(c) :'io person shall be eligible to sene as mayor or councilmember who shall ha,e been conYicted of a crime imohing moral turpitude, unless such person has recei\ed a full pardon and has all rights of citizenship restored.
SECTION 2.11.
Elections.
(a) The city council of the City of Colquitt which existed immediately prior to the date this Act becomes effectiYe in 1999, is continued in existence, but on and after that date shall be constituted and elected as proYided in this Act. The City Council of the City of Colquitt so continued and constituted, sometimes referred to in this Act as the "city council:' shall continue to haYe the powers, duties, rights, obligations, and liabilities of that city council as existed immediately prior to the date this Act becomes effecti\e in 1999.
(b) Those members of the city council who are serYing as such immediately prior to the date this Act first becomes effectiYe in 1999, and any person selected to fill a Yacann in any such office, shall continue to sene out their remaining terms of office and until the election and qualification of their respecti\e successors. Those successors and all future successors to councilmembers whose terms of office are to expire shall be elected from council districts described in subsection (c) of this section.
(c) For purposes of electing councilmembers, the city is diYided into four council districts. One member of the cit\ council shall be elected from each such district. The council districts sl;all be and correspond to those four numbered districts described in and attached to and made a part of this ..-\ct and further identified as Operator: local Client: colquittcity Plan: colqpS.
(d) \\11en used in such attachment, the terms "Tract," "Block," and "Block Group" shall mean and describe the same geographical boundaries as proYided in the report of the Bureau of the Census for the Cnited States decennial census of 1990 for the State of Georgia. Any part of the City of Colquitt which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the Cnited States decennial census of 1990 for the State of Georgia. Any part of the City of Colquitt which is described in that attachment as being in a particular district shall ne,ertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the Cnited States decennial census of 1990

4512 LOCAL ,-\.'.:0 SPECIAL .--\CTS .-\.~D RESOLL'TIO~S. \'OL. II
for the State of Georgia. Except as otherwise provided in the description of any council district, wheneYer the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the C nited States decennial census of 1990 for the State of Georgia.
(e) In order to be elected or appointed as a councilmember from a council district, a person must be a qualified elector of the city, must have resided in that district prior to election or appointment thereto and, if elected, must recei\'e a majority of the \'Otes cast for that office in that district only and not at large. Only electors \\ho are residents of that council district mav. Yote for a member of the citv. council for that district. .--\t the time of qualifying for election as a member of the city council from a council district, each candidate for such office shall specify the council district for which that person is a candidate. .--\ person elected or appointed as a member of the citv council from a council district must continue to reside in that district during that person s term of office or that office shall become vacant.
(f) The mayor may reside anywhere within the City of Colquitt, must be a qualified elector of the city, and must recei,e a majority of \'Otes cast for that office in the entire citv.. The mav. or must continue to reside within the city during that person s term of office or that office shall become \'acant.
(g) City Council Posts I, 2, 3, and -1 as they existed immediately prior to the date on which this section first becomes effective in 1999 shall be designated Council Districts I, 2, 3, and 4, respectiYely, but as newly described in this section. On and after the date this section first becomes effecti\'e in 1999, such councilmembers serYing from those former council posts shall be deemed to be serYing from and representing their respecthe council districts as newh- described under this section.
(h) The first successors to the mayor and those councilmembers deemed to be sening in Council Districts 2and 3 pursuant to subsection (g) of this section shall be elected at the municipal general election in 1999, shall take office the first day of January immediately following such election, and shall sene for initial terms of office of four Years each. The first successors to those councilmembers deemed to be ser,ing in Council Districts I and 4 pursuant to subsection (g) of this section shall be elected at the municipal general election in 200 I, shall take office the first day ofJanuary immediately following such election, and shall serYe for initial terms of office of four Years each. Successors to the maYor and councilmembers whose initial t~rms expire as proYided in this s'ubsection, and all future successors to the maYor and councilmembers whose terms are to expire, shall be elected at tI{e municipal general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following such election, and shall sene for terms of office of four years each. Persons elected as mayor or councilmembers shall serYe

GEORGIA L\WS 1999 SESSIO'.\'

4513

for the terms specified in this subsection and until their respectiYe successors are elected and qualified.
(i) ~1unicipal general elections for the City of Colquitt shall be conducted on the Tuesday next following the first Monday in '.\'oyember of 1999 and on such day e,ery odd-numbered year thereafter. All municipal general and special elections shall be goyerned by Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise proYided by this Act, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options or duties under that Chapter 2.
SECTION 2.12.
\'acancies in office.
(a) The office of mayor or councilmember shall become Yacant upon the incumbent's death, resignation, forfeiture of office, or remoYal from office in any manner authorized by this Act or the general laws of the State of Georgia.
(b) L'pon the suspension from office of the mayor or councilmember in am manner authorized by the general l.lws 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 Yacant and shall be filled as proYided in subsection (c) of this section.
(c) In the eYent that the office of mayor or councilmember shall become Yacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; proYided, howe,er, if such Yacancy occurs "ithin 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 2 of Title 21 of the O .C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 2.13.
'.\'onpartisan 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 majorit\.
The candidate recei,ing a majority of the \'Otes cast for any city office shall be elected.

-1514 LOCAL .-\..""iD SPECIAL ACTS .-\..\;D RESOLLTIONS, \'OL. II
SECTION 2.15.
Compensation and expenses.
The mayor and councilmembers shall recei,e compensation and expenses for their sen-ices as prodded by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A.
SECTION 2.16.
Prohibitions.
(a) '.'lio elected official, appointed officer, or employee of the city or any agency or political entity to which this Act applies shall knowingly:
(1) Engage in any business or transaction or haYe 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 prirnte employment or render sen-ices for priYate interests when such employment or senice 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, goYernment, or affairs of the gO\ernmental body by which he is engaged without proper legal authorization or use such information to achance the financial or other priYate interest of himself or others;
(-1) Accept any Yaluable gift, whether in the form of sen-ice, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoe\'er in business dealings with the goYernmental body by which he is engaged; proYided, howeYer, that an elected official who is a candidate for public office may accept campaign contributions and sen-ices in connection with any such campaign;
(5) Represent other prhate interests in any action or proceeding against this city or any portion of its goyernment; or
(6) \'ote 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) Am elected official, appointed officer, or employee who has any prhate financial interest, directly or i11directly, in any contract or matter pending before or within any department of the city shall disclose such prhate interest to the city council. The mayor or any councilmember who has a priYate interest in any matter pending before the city council shall

GEORGI.-\ L\WS 1999 SESSIO'.'\

-!515

disclose such prhate 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 ,ote relating thereto. .-\ny elected official, appointed officer, or employee of any agency or political entity to which this ..\ct applies who shall ha,e any pri\'ate financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such prhate interest to the go\'erning body of such entity shall disclose such priYate interest to the go\'erning body of such agency or entitY.
(c) '.'\o elected official, appointed officer, or employee of the city or any agency or entity to which this .-\ct applies shall use property owned by such go\'ernmental entity for personal benefit, con\'enience, or profit, except in accordance with policies promulgated by the city council or the go\'erning body of such agency or entity.
(d) ..\ny \'iolation 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 rnidable at the option of the city council.
(e) Except as authorized by law, no member of the council shall hold any other electi\'e city office or other city employment during the term for which he was elected. The pro\'isions of this subsection shall not apply to any person holding employment on the effecti,e date of this .-\ct.
SECTION 2.17.
Remo\'al of officers.
(a) The mayor, a councilmember, or other appointed officers pro\'ided for in this .-\ct shall be remmed from office for am one or more of the following causes:
(I) Incompetence, misfeasance, or malfeasance in office;
(2) Co1wiction of a crime i1woh'ing moral turpitude;
(3) Failure at any time to possess any qualifications of office as prmided by this .-\ct or by la,\';
(-!) Knowingly \'iolating Section 2.16 or any other express prohibition of this .-\ct;
(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 .-\ct or by state law.
(b) Remmal of any officer pursuant to subsection (a) of this section shall be accomplished b\' one of the following methods:

-1016 LOC.-\L .-\:\'D SPECL-\L .-\CTS .-\..'\'D RESOLCTIO:\'S, \'OL. II
( 1) By the rnte of three councilmembers after an inYestigatiYe hearing. In the eYent an elected officer is sought to be remmed bY the action of the city council, such officer shall be entitled to a m:itten notice specifying the ground or grounds for remmal and to a public hearing which shall be held not less than ten daYs after the sen-ice of such \\~ritten notice . .-\J1Y elected officer sought to be remoYed from office as proYided in this section shall haYe such rights as prodded by law.
(2) By an order of the Superior Court of '.\liller County following a hearing on a complaint seeking such remoYal brought by any resident of the City of Colquitt.
.-\RTICLE III
ORG.-\:\'IZ.-\TIO:\' OF GO\'ER:\''.\IE:\'T, GE:\'ER.-\L .-\CTHORITI', .-\..'\'D ORDl:\'.-\..'\'CES
SECTION 3.10.
General power and authority.
Except as othernise proYided bY this .-\ct, the citY council shall be Yested ,rith all the powers of goYernment of this city as J)ro,ided bY .-\.rticle I of this .-\ct.
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 ne\\ly elected members as follows:
1 do solemnly (s\\ear) (affirm) that I will faithfully perform the duties of (ma~or) (councilmember) of this city and that I will support and defend the .-\ct thereof as well as the Constitution and laws of the State of Georgia and of the L"nited States of .-\merica."
(b) Cpon nomination bY the mayor, the citY coui1cil shall elect a councilmember to serYe as mayor pro tempore by majority ,ote. The mayor pro tempore shall sene for a term of one Year and until the first regular meeting in January follo"ing such election and until the election of a successor. 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 disabilit\ or absence of the ma,-or. .-\.ny such disabilit\ or absence shall be declared by a majority rnte o( the ci~ council. The city council shall by majority rnte elect a presiding officer from its number for any period in \\hich the mayor pro tempore is disabled, absent. or acting as mayor. Such absence or disabilit, shall be declared by majority rnte of the city council.

GEORGI.-\ L\.\\'S 1999 SESSIO'.\'

-I-:) 17

SECTION 3.12.
Inquiries and i11\'estigations.
The city council may make inquiries and inYestigations into the affairs of the city and the conduct of any department, office, or agenn thereof and for this purpose ma\' subpoena witnesses. administer oaths, take testimon\', and require the production of eYidence. .-\.ny person who fails or refuses to obey a lawful order issued in the exercise of these powers b\' the council shall be punished as pro\'ided by ordinance.
SECTION 3.13.
\Ieetings.
(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. '.\'otice of such special meeting shall be sened on all other members personally, or by telephone personally, at least --1-8 hours in ad\'ance 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 waiYed by a councilmember in \\Titing before or after such a meeting and attendance at the meeting shall also constitute a wai\er of notice on any business transacted in such councilmember's presence. Only the business stated in the call ma\ be transacted at the special meeting.
(c) .-\II meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be gi\'en 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 proYisions of this ..\ct and shall pro\ide for keeping a journal of its proceedings which shall be a public record.
(b) ..\II committees and committee chairmen and officers of the cit\' council shall be appointed by the mayor and shall sene at the pleasure of the mayor. The mayor shall ha\'e the power to appoint new members to any committee at am time.
SECTION 3.15.
\'oting.
(a) Except as otherwise pro\'ided in subsection (b) of this section, the ma\'or or maYor pro tem and two councilmembers shall constitute a

4518 LOCAL .--\~D SPECIAL .-\CTS .--\..'\D RESOLCTIO~S. \'OL. II
quorum and shall be authorized to transact the business of the city council. The man)r shall han' a ,ote onh- in the case of a tie Yote bY council membe1:s. \'oting on the adoption of ordinances shall be by YOice' \'Ote and the Yote shall be recorded in the journal. but any member of the city council shall haYe the right to request a roll-call Yote and such Yote shall be recorded in the journal. Except as othen\"ise proYided in this .--\ct, the affirmathe ,ote of three councilmembers shall be required for the adoption of anY ordinance, resolution, or motion.
(b) In the en'nt Yacancies 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. .-\ ,ote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
(c) Once a quorum is established, the quorum cannot be defeated by a subsequent departure of a councilmember.
SECTION 3.16.
Ordinances.
(a) E,ery proposed ordinance shall be introduced in writing and in the form required for final adoption. ~o ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Colquitt hereby ordains..... and e,ery ordinance shall so begin.
(b) .-\n ordinance ma, be introduced bY am councilmember and be read at a regular or speci~l meeting of the city' council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules \\'hich it shall establish; proYided, howeYer, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances prO\ided for in Section :U8. Cpon 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.
.--\cts of the citY council which ha,e 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 connne on call of the ma,or or three

GEORGL\ L-\WS 1999 SESSIO:\'

4519

councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not Jeyy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its sen-ices; or authorize the borrowing of money except for loans to be repaid within 30 days. .-\n 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. .-\n emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmati\e Yote of at least three councilmembers shall be required for adoption . It shall become effectiYe upon adoption or at such later time as it may specif\. EYery emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not preYent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. .-\n 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 goYerning such adopting ordinance shall be as prescribed for ordinances generally except that:
( 1) The requirements of subsection (b) of Section 3.16 of this .-\ct 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) .-\ 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 .-\ct.
(b) Copies of any adopted code of technical regulations shall be made aYailable 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 proYide for the preparation of a general codification of all the ordinances of the city haYing the force and effect of

-1:J'.W LOC.-\.L .\:\D SPECI.\L .\CTS .\..'\D RESOLCTIO:\S. \'OL. II
law. The general codification shall be adopted by the city council by ordinance and shall be published prompth- together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the citY council may specit\ This compilation shall be known and cited officially as The Code of the Cit\' of Colquitt, Georgia... Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made aYailable for purchase by the public at a reasonable price as fixed b, the city council.
(c) The cit\' council shall cause each ordinance and each amendment to this .\ct to be printed promptly following its adoption, and the printed ordinances and .\ct amendments shall be made aYailable for purchase bY the public at reasonable prices to be fixed by the cit\' council. Following publication of the first code under this .\ct and at all times thereafter, the ordinances and .\ct amendments shall be printed in substantialh the same stde as the code then in effect and shall be suitable in form for incorporation ,dthin the code. The cit, 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.
City manager; appointment; qualifications; compensation.
B, a m,tjorit\' ,ote. the 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 executiYe and administrati,e qualifications. \\'ith special reference to actual experience in or knowledge of accepted practice in respect to the duties of the office. .\t the time of his appointment. the appointee need not be a resident of the city or state. but during the manager's tenure of office, he shall reside within the city. :\o councilmember shall recei,e such appointment during the term for which the manager shall ha\'e been appointed, nor within one year after the expiration of the councilmembers term.
SECTION 3.22.
Remmal of city manager.
(a) The cit\' council may remo\'e the city manager from office in accordance \\'ith the following procedures.
(I) The city council shall adopt bY affirmati,e rnte of a m,tjority of all its members a preliminary resolution which must state the reasons for remoya) and mm suspend the city manager from dut\' for a period not to exceed -1:J daYs..\ cop~ of the resolution shall be deliYered promptly to the manager.
(2) \\"ithin fi,e days after a copy of the resolution is delinred to the city manager. he may file with the city council a written request for a

GEORGI.-.\ L.\WS 1999 SESSIO::\'

-1521

public hearing. This hearing shall be held within 30 daYs after the request is filed. The city manager may file "ith the city council a written reply not later than fiye days before the hearing.
(3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection. the city council may adopt a final resolution for remoYal, which ma, be made effectiYe immediately. by an affirmatiYe rnte of a majority of all its members. If the city manager has requested a public hearing. the city council may adopt a final resolution for remoYal, which may be made effecthe immediately. by an affirmatiYe rnte of a majority of all its members at any time after the public hearing.
(b) The city manager shall continue to receiYe his salary until the effectiYe date of a final resolution of remmal.
SECTION 3.23.
Acting city manager.
By letter filed with the city clerk. the citY manager shall designate, subject to approYal of the citY council a qualified city administratiYe officer to exercise the pm\'ers and perform the duties of the city manager during his temporary absence or disability. During such absence or disability. the city council maY re,oke such designation at any time and appoint another officer of the city to sene until the city manager shall return or his disabilit\ shall cease.
SECTION 3.24.
Powers and duties of the cit\ manager.
The city manager shall be the chief administratiYe officer 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 .-.\ct. He shall ha,e the follm\'ing powers and duties.
(1) He shall appoint and. when he deems it necessary for the good of the city, suspend or remoYe all city employees and administratiYe officers he appoints. except as otherwise proYided hY law, or personnel ordinances adopted pursuant to this .-.\ct. and except authorizing the head of a department or office to appoint, suspend or remme subordinates in such department or office.
(2) He shall direct and supenise the administration of all departmen ts, offices and agencies of the cit\, except as otherwise l)l'OYided by this ...\ct or bY law.
(3) He shall attend all cit\ council meetings and shall haYe the right to take part in discussion but he may not Yote. The cit\ manager shall be entitled to notice of all regular and special meetings of the city council.

4522 LOCAL A:'\D SPECIAL ACTS .-\..,D RESOLL'TIO:'\S, \'OL. II
(-1-) He shall see that all laws, proYisions of this .-\ct, and acts of the city council, subject to enforcement by him or by officers subject to his direction and supenision. are faithfully executed.
(5) He shall prepare and submit the annual operating budget and capital budget to the citY council. together with a message describing the important features. and be responsible for its administration after adoption.
(6) He shall submit to the citY council and make a,ailable to the public a complete report on the finances and administrathe acti,ities of the citY. a: of the end of each fiscal ,.ear.
(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 supenision.
(8) He shall recommend to the g<werning body a standard schedule of pay for each appointiYe office and position in the city senice, including minimum. intermediate and maximum rates.
(9) He shall recommend to the goYerning body, from time to time, adoption of such measures as may be deemed necessary or expedient for the health, safety or welfare of the communin or for the imprmement of administrati,e senices.
( 10) He shall consolidate or combine offices. positions. departments or units under his jurisdiction. with the apprmal of the city council. The city manager may be the head of one or more departments.
( 11) He shall see that all laws and ordinances are duh enforced.
( 12) He shall imestigate the affairs of the city or any department or di\"isions thereof. He shall i1westigate all complaints in relation to matters concerning the administration of the g<wernment of the city, and in regard to sen-ice maiHained by the public utilities in the city. and see that all franchises. permits and prh-ileges granted by the city are faithfulh- obsened.
( l '.~) He shall dernte his entire time to the discharge of all official duties.
( 1-1-) He shall keep the city council fulh ad,ised as to the financial condition and future needs of the citY. and make such recommendations to the city council concerning tl~e affairs of the city as he deems desirable.
( 15) He shall perform other such duties as are specified in this .\ct or as may be required by the cit~ council.

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SECTION 3.25.
Council interference with administration.
:-.:either the city council nor any of its members shall direct or request the appointment of any person to or remoYal from office by the city manager or any of the manager's subordinates, or in any manner take part in the appointment or remornl of officers and employees in the administrati,e senices of the city. Except for the purpose of inquiries and i1n-estigations under Section 3.12, the city council or its members shall deal with city officers and employees who are subject to the direction and supenision of the city manager solely through the city manager. and neither the citY council nor its members shall giw orders to any such officer or employee, either publicly or priYately.
SECTION 3.26.
Emergencies.
In case of an accident, disaster or other circumstances creating a public emergency, the city manager may award contracts and make purchases for the purpose of meeting such emergency, but the manager shall file promptly with the council a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures.
SECTION 3.27.
Bond.
The city manager shall furnish a surety bond to be approYed by the council. Such bond shall be conditioned on the faithful performance of all the managers duties. The premium of the bond shall be paid bY the city.
SECTION 3.28.
Compensation.
The city manager shall receiYe such compensation as the council shall fix from time to time by ordinance or resolution.
SECTION 3.29.
\'acann.
.\ny Yacancy in the office of the city manager shall be filled within 180 days after the effectiYe date of such Yacann-.
SECTION 3.30.
Election of mayor; forfeiture; compensation.
The ma,or shall be elected and serYe for a term of four Years and until his successor is elected and qualified. He shall be a qualified elector of this city

-1 :)21 LOC.\L .\\:D SPECI.\L .\CTS .\..,D RESOLL'TIO:\: . \'OL. II
and shall han been a resident or 1he iry immediately preceding his ekctio11. I le shall continue 10 reside in this city during the period of his S('r\icc. I le shall forfeit his onice on the same grounds and under the same procedure as for 1he i1y cou11 ii. The compc..ns,Hion of 1he mayor shall be cs1ablislH'd in 1hc same manner as for the ci1v council.
SECTION 3.31.
Powers and du1ic:s or nnvor.
The mayor shall:
( 1) Preside a1 all meetings of 1hc.: city ouncil:
(~) Be the head of 1hc ci1y for the purpose or senice of process and for ceremonial purposes, and be the oflicial spokesman for rhe city and 1he chief adrnca1c.. of policy:
('.\) Han 1he power 10 administer oaths and to take affidavits:
(-1) Sign as a ma11er of oursc on behalf of 1he ciry all written and apprcw cl con1racts, ordinances and orher instruments executed by
1he city which by la" are required w be in \\Tiling;
(:)) Be counted toward a quorum as any orher coun ilmember; and
(6) Fulfill such other cxec111in and adminis1ra1in duties as 1he city council shall h~ ordinance establish .
.-\RTlCLE I\ '
.\D~ll:\I TR\Tl\'E .\FF.\IR
SECTION 4.10.
Depar1111en1 heads.
(a) Except as 01herwis pro,ided in this ...\ct, the <:iry council by ordinance shall prescribe the functions or clu1ics and establish. abolish, or alter all nondt-c1in: offices. positions of employment. ckpanm<n1s, and agencies of
1he city as necessary for the propn administration of the affairs and
gon.rnmen1 of this ci1y.
(h) xcep1 as otherwise provided by this .\ct or by law, tlw directors of depart111{nts and 01her ollicers of the city shall be appointed sokly on rhe basis of 1hdr respectin adn~inistratin and professional qualifi ations.
(c ) ,\II appointed oflicers and din:c1ors of departments shall recei\ such compensation as prescribed by ordinance.
(cl) There shall be a clirec1or of each department or agc11 y who shall be its principal oflicer. Each dire tor shall, suqjec1 lO the dire tion and super\'ision of 1he ciry manager, be responsible for the administration and direction of 1hc affairs and operations of his department or agency.

GEORGI.\ L\\\'S 1999 SESSIO:--.:
(e) All directors under the supenision of the citY manager shall be appointed by the city manager ,rith confirmation of appointment by the city council. The city manager may suspend or remoYe directors under his superYision but such suspension or remcwal shall not be effectiYe for ten calendar days following the city manager's giYing written notice of such action and the reason therefor to the director inn>lYed and to the citY council. The director inYohed may appeal to the city council " hich. after a hearing, may oYerride the citY manager's action lw a Yote of three councilmembers.
SECTION 4.11.
Boards.
(a) The citY council shall create bY ordinance such boards. commissions, and authorities to fulfill any inYestigatiYe, quasi:iudicial. or quasi-legislatiYe function the cit\." council deems necessan. 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 proYided by ordinance. except where other appointing authority, terms of office, or manner of appointment is prescribed by this Act or bY law.
(c) The city council. by ordinance. may proYide for the compensation and reimbursement for actual and necessary expenses of the members of any board. commission. or authorit\.
(d) .-\Jn- Yacann on a board, commission. or authorit\ of the citY shall be filled for the u{1expired term in the manner prescrihed for the original appointment, except as otherwise proYided by this Act or lR hm.
(e) :--.:o member of a board. commission. or authorit\ shall assume office until he has executed and filed with the clerk of the c(ty 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 man>r.
(f) All board members shall serYe at will and any member of a board. commission, or authority may be remmed from office for cause by a Yote of three members of the cit\ council.
(g) Except as otherwise proYided by this .\ct or by law, each board. commission, or authorit\ of the cit\ shall elect one of its members as chairman and one member as Yice-cl{airman. 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 goYernment men establish such bylaws, rules, and regulations, not inconsistent "ith this Act, 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.

-1526 LOCAL .-\:\D SPECL\L .-\CTS .-\.'\D RESOLL'TIO:\S, \'OL. II
SECTION 4.12.
City attorney.
The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall hme actiYely practiced law for at least fhe years. The city attorney shall serYe 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 achise 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 ,irtue of his position as city attorney. The city council shall proYide for the compensation of the city attorne\'.
SECTION 4.13.
City clerk.
The city council shall appoint a city clerk who shall not be a councilmember. The cit\' clerk shall be custodian of the official citY seal, maintain city council rec.ords required by this .-\ct, and perform suchother duties as may be required by the city council. The city council shall proYide for the compensation of the city clerk.
SECTION 4.14.
Treasurer.
The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the pro,isions of this .-\ct and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and ale 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. The city council shall proYide for the compensation of the treasurer.
SECTION 4.15.
Rules and regulations.
The city council shall adopt rules and regulations consistent with this .-\ct 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 senice ratings thereto, and transfer of employees within the classification plan;

GEORGI.-\ L-\\\'S 1999 SESSIO:'.\'
(3) Hours of work, Yacation, sick lea,e, and other leaYes of absence, mertime 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 proYide for adequate and systematic handling of Personnel affairs.
ARTICLE\'
JCDICL-\L BR-\."CH
SECTION 5.10.
'.\-lunicipal court.
There shall be a court to be known as the \-hmicipal Court of the City of Colquitt, Georgia.
SECTION 5.11.
Judges.
(a) The municipal court shall be presided o,er by a chief judge and such part-time, full-time, or stand-by judges as shall be proYided by ordinance. The method of selection and terms of such judges shall be prmided by ordinance.
(b) :'.\'o person shall be qualified or eligible to serYe as a judge on the municipal court unless he shall haYe 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 remmed for cause by a vote of three members of the city council.
(e) Before assuming office, each judge shall take an oath, giYen by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, farnr, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this .-\ct.
SECTION 5.12.
Convening of court.
The municipal court shall be convened at regular inten-als as prmided by ordinance.

-1528 LOC.-\L ..\:\'D SPECI..\L .-\CTS .-\..'\D RESOLCTIO:\'S. \'OL. II
SECTION 5.13.
Powers.
(a) The municipal court shall try and punish ,iolations of this .-\ct, all city ordinances, and such other Yiolations as prO\ided by law.
(b) The municipal court shall haYe the authority to punish those in its presence for contempt. prmided that such punishment shall not exceed a fine of S200.00 or ten daYs in jail.
(c) The municipal court may fix punishment for offenses \\ithin its jurisdiction not exceeding a fine of Sl,000.00 or imprisonment for six months, or both such fine and imprisonment or may fix punishment bY fine. imprisonment, or alternatin sentencing as now or hereafter proYided bY law.
(d) The municipal court shall ha,e 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 oYer to superior courts for Yiolation of state law.
(e) The municipal court shall haYe authority to establish bail and recognizances to ensure the presence of those charged with ,iolations before said court and shall ha,e discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with Yiolations. \\l1eneYer any person shall gi,e 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 sening 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 han the same authority as superior courts to compel the production of eYidence 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 haw the authority to bind prisoners OYer to the appropriate court \\hen it appears by probable cause that state law has been Yiolated.
(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 ,rhich may be sened as executed by any officer as authorized by this .-\ct 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 haw the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

GEORGI.-\ L-\WS 1999 SESSIO'.'\

-1529

U) The municipal court is specifically Yested 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 Yiolations.
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 ,iolation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of \1iller County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 5.15.
Rules .
With the apprornl of the city council, the judge shall haYe full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; prmided, howeYer, 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 \\ith the city clerk, shall be aYailable for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least -18 hours prior to said proceedings.
ARTICLE \1
Fl'.'\A..,CE
SECTION 6.10.
Property tax.
The citY council maY assess, Jew, and collect an ad Yalorem tax on all real and pe{sonal prope1:~. within tl~e corporate limits of the ci~ that is subject to such taxation by the state and coun~-- This tax is for the purpose of raising reYenues to defray the costs of operating the city gmernment, of proYiding goyernmental senices, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the ci~ council in its discretion.
SECTION 6.11.
Millage.
The ci~ council by ordinance shall establish a millage rate for the ci~ proper~ tax, a due date, and the time period within which these taxes must be paid. The ci~ council by ordinance may prmide for the payment of

-1530 LOCAL .-\.,D SPECIAL .-\CTS .-\.,D RESOLL'TIO~S. \'OL. II
these taxes by installments or in one lump sum, as well as authorize the ,ohmtary payment of taxes prior to the time when due.
SECTION 6.12.
Occupation taxes and regulatory fees.
The city council by ordinance shall haYe the power to leYy such occupation taxes and regulatory fees as are not denied by law. Such taxes and fees may be levied on both indhiduals 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 cit, council maY classifr businesses, occupatio1~s. professions, or callings for. the purpose ~f such t~xation in any way which may be la\\ful and may compel the payment of such taxes and fees as proYided in Section 6.18 of this .-\ct.
SECTION 6.13.
Licenses.
The city council by ordinance shall ha,e the power to require a1w indi,idual or corporation who transacts business in this city or who practices or offers to practice any profession or calling "ithin 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 b, general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the acti\'i~ and, if unpaid, shall be collected as prmided in Section 6.18 of this .-\ct. 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 cit, council shall haYe the power to grant franchises for the use of this ci~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 cit\ council shall determine the duration, terms, whether the same shall be exclushe 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 ci~ recei,es just and adequate compensation therefor. The ci~ council shall provide for the registration of all franchises with the ci~ clerk in a registration book kept by him. The ci~ council may provide by ordinance for the registration within a reasonable time of all franchises pre,iously granted.

GEORGI.-\ L-\WS 1999 SESSIO~

4531

SECTION 6.15.
Sewer fees.
The city council by ordinance shall haYe the power to assess and collect fees, charges, and tolls for sewers, sanitary and health ser\'ices, or any other sen-ices proYided or made aYailable inside or outside the corporate limits of the city for the total cost to the city ofprmiding or making aYailable such sen-ices. If unpaid, such charges shall be collected as proYided in Section 6.18 of this .-\ct.
SECTION 6.16.
Roads.
The city council by ordinance shall ha\'e the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or imprming 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 prmided in Section 6.18 of this .-\ct.
SECTION 6.17.
Other taxes.
This city shall be empowered to le,~ 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 goYern its local affairs.
SECTION 6.18.
Collection of delinquent taxes.
The city council by ordinance may prmide generally for the collection of delinquent taxes, fees, or other re,e1me due the city under Sections 6.10 through 6.1 i of this .-\ct by whate,er reasonable means as are not precluded by law. This shall include proYiding 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, re,oking city licenses for failure to pay any city taxes or fees, and prmiding for the assignment or transfer of tax executions.
SECTION 6.19.
Borrowing.
The city council shall ha,e the power to issue bonds for the purpose of raising re\'enue to carry out any project, program, or Yenture authorized under this .-\ct or the laws of the state. Such bonding authority shall be

4532 LOCAL ,-\...'\JD SPECIAL ACTS ,-\...'\D RESOLCTIO:\'S, VOL II
exercised in accordance \\'ith the la\\s gmerning bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20.
ReYenue bonds.
Re,enue bonds may be issued bY the citY council as state la\\' nm, or hereafter prmides. Such bonds are to be paid out of any re,enue produced by the project, program, or ,enture for \\'hich they were issued.
SECTION 6.21.
Loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise proYided by law.
SECTION 6.22.
Accounting and budgeting.
The citY council shall set the fiscal ,ear bY ordinance. This fiscal Year shall constit{ne the budget year and the Ye~r for financial accom;ting and reporting of each and eYery office, department, agency, and actiYity of the city goYernment.
SECTION 6.23.
Budget ordinance.
The city council shall proYide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improYement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall comply \\'ith the pro\'isions of Chapter 81 of Title 36 of the O.C.G.A.
SECTION 6.24.
Operating budget.
On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the 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, the capital improYements 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.

GEORGI.-\ L-\WS 1999 SESSIO::\'

4533

SECTION 6.25.
Adoption.
(a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must prmide for all expenditures required by state law or by other proYisions of this .-\ct and for all debt senice requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserYes, and reYenues.
(b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year not later than July 1 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 re,enues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or acth"iry as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this Act.
(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.
Len of taxes.
Following adoption of the operating budget, the city council shall le,~ by ordinance such taxes as are necessarY. The taxes and tax rates set bY such ordinance shall be such that reason~ble estimates of reYenues fron~ such le,~ shall at least be sufficient, together with other anticipated re,enues, fund balances, and applicable resen-es, to equal the total amount appropriated for each of the se,eral funds set forth in the annual operating budget for defraying the expense of the general gmernment of this ci~-
SECTION 6.27.
Changes in budget.
The ci~ council by majori~ Yote 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.

4534 LOCAL A~D SPECIAL ACTS ..\..'-iD RESOLL'TIO:--:S, \'OL. II
SECTION 6.28.
Capital impron:ments.
(a) At the time of submitting the budget for each year, the city manager shall submit to the city council a proposed capital impro\'ements budget with his recommendations as to the means of financing the improwments proposed for the ensuing year. The city council shall ha\'e 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 impro\'ement, unless the appropriations for such project are included in the capital impro\'ements budget, except to meet a public emergency as pro,ided in Section 3.1 7 of this Act.
(b) ~o appropriations pro\'ided for in a prior capital imprmements budget shall lapse until the purpose for which the appropriations were made shall ha\'e been accomplished or abandoned; pro\"ided, howe\'er, the city manager may submit amendments to the capital impro\'ements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital impro\'ements budget shall become effecti\e only upon adoption by majority rnte of the city council.
SECTION 6.29.
Audits.
There shall be an annual independent audit of all city accounts. funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal gmernment may be accepted as satisf\ing the requirements of this Act. Copies of all audit reports shall be a\'ailable at printing costs to the public.
SECTION 6.30.
Procurement and property management.
:--io contract with the city shall be binding on the city unless:
(l) It is in writing;
(2) It is drawn or submitted and re\'iewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or re\'iew; and
(3) It is made or authorized b\' the cit\' council and such apprmal is entered in the city council jour;1al of p1:oceedings pursuant to Section 3.14 of this Act.

GEORGI.-\ L\WS 1999 SESSIO:'\

4535

SECTION 6.31.
Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.32.
Sale of property.
(a) The city council may sell and c01weY any real or personal property owned or held by the city for goyernmental or other purposes as now or hereafter proYided by law.
(b) The city council may quitclaim any rights it may hme 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 Yalue.
(c) \\l1eneYer in opening, extending, or widening any street, aYenue, 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 deliYer in the name of the city a deed comeying 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, aYenue, alley, or public place when such exchange is deemed .to be in the best interest of the city. All deeds and c01n-eYances heretofore and hereafter so executed and deliYered shall cmwey all title and interest the city has in such property, notwithstanding the fact that no public sale after adYertisement was or is hereafter made.
ARTICLE \11
GE:'.\:ER.-\L PR0\1SIO~S
SECTION 7.10.
Bonds for officials.
The officers and employees of this city, both elected and appointed, 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 b, ordinance or as may be proYided by law.
SECTION 7.11.
Rules and regulations.
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this .-\ct are declared Yalid and of full effect and force until amended or repealed by the city council.

4536 LOC.-\L .-\.'-:D SPECI.-\L ACTS .-\.'-:D RESOLL.TIO:'\S, \'OL. II
SECTION 7.12.
.-\ct language on other general matters.
Except as specifically proYided otherwise by this .-\ct, all rights. claims. actions, orders, contracts. and legal or administratiYe proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be prmided by the city council.
SECTION 7.13.
Definitions and construction.
(a) Section captions in this ..\ct are informatin onh and shall not be .considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissiYe. (c) The singular shall include the plural, the masculine shall include the feminine, and ,ice ,ersa.
SECTION 7.14.
Specific repealer.
.-\n ..\ct incorporating the City of Colquitt. Georgia, approYed April 17, 1975 (Ga. L. 1975, p. 3521). together with all amendatory Acts thereto, are repealed in their entirety.
SECTION 7.15.
Effecti,e date.
This .-\ct shall become effectiYe upon its approYal by the Gmernor or upon its becoming law without such appn)\'al.
SECTION 7.16.
Get1eral repealer.
.-\II laws and parts of laws in conflict with this .-\ct are repealed.

Operator: local

Client: colguittcitY

Plan: colgp5

District ~o. 1 .'.\IILLER Tract: 9502. Block: 122.-\, 146..\, 1-17, 148, 149, 150. 151, 152. 151. 156. 157, 158, 159, 162, 163, 165.-\, 166..\, 173.-\, 174, 175, 210..\, 211. 212,
214, 217, 218, 221..\, 222.-\, 229..\. 230

GEORGI.-\ L\WS 1999 SESSIO:\'

4537

District :\'o. 2 '.\lILLER Tract: 9502. Block: 142.-\, 143.-\, 408A, 411.-\, 412, 413, 414, 415, 416, 417, 418,419,441,442,443,444,445
District :\'o. 3 '.\-lILLER Tract: 9502. Block: That part of Block 139 which lies within the corporate limits of Colquitt as ofJanuary 1, 1999 Block: 153,155,160,161,307,308,309,420,421,422,423,424, 425,426,427,428,429,430,431,432,433,434,435,436,437, 438,439,440
District :\'o. 4 '.\-lILLER Tract: 9502. Block: 201,202, 203.-\, 204A, 215,216,219,220, 302.-\, 303,304, 305,306,310,311,312,313,314,315,316,317,318,319,320, 321,322,323,324, 325A, 326, 327A

.--\ RESOLLTIO:\' REQCESTI~G LOCAL LEGISLATIO!'\ TO PRO\1DE FOR.-\ :\'EW CHARTER FOR THE CITY OF COLQCITT

WHEREAS, the City of Colquitt deems it to be in the best interest of the City of Colquitt and the citizens for the General Assembly of Georgia to enact a new CitY Charter.

THEREFORE, BE IT RESOLVED that the City of Colquitt hereby requests that RepresentatiYe Winfred Dukes introduce at the regular 1999 session of the General Assembly of Georgia an act to proYide for a new charter for the City of Colquitt.

BE IT FCRTHER RESOLVED that a copy of the proposed bill is attached hereto.

SO RESOLVED ..\...~D DCLY ADOPTED this 8th daY of December,

1998.



CITY OF COLQCITT BY: s/ Luther Y Clearman LCTHER Y CLE.-\R..\1..-\...'\/ , MAYOR
ATTEST: s/ Vicki Phillips \1CKI PHILLIPS, CITY CLERK

(City Seal)

4538 LOCAL .-\.'\'D SPECIAL ACTS .-\.'\'D RESOLLTio:--.:s, \'OL. II
'.\/OTICE OF I:':TE:--.:TIO:--.: TOI:':TRODCCE
LOCAL LEGISLATIO:--.:
:--.:otice is gi\'en that there will be introduced at the regular 1999 session of the General Assembly of Georgia an act to pro\'ide for a new charter for the City of Colquitt, apprmed April Ii, 19i5 (Ga. L. 19i5. P. 3521), as amended, to reeal conflicting laws and for other purposes.
This 28th day ofJanuary, 1999.
\\1;'1.;fRED DCKES State Representati\'e
District 161
GEORGI.-\, FCLTO:--.: COC!':TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Winfred Dukes, who on oath deposes and says that he is the Representati\'e from the 161st District and further deposes and sa\'s as follows:
(1) That the attached :--.:otice of Intention to Introduce Local Legislation was published in the Miller County Liberal which is the official organ of ~tiller County on the following date: January 28, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise pro\'ided to the go\'erning authority of any county, municipality, or consolidated go\'ernment whose charter or enabling .-\ct is amended, as required by subsection (b) of Code Section 28-1-14.
L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the gmerning authority of the affected county, municipality, or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated go\'ernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was pro\'ided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published,

GEORGI.-\ L-\\\'S 1999 SESSIO:--.:

4539

as required by Code Section 28-1-1-1.1.
s/ WI:--.:FRED Dl"KES Representathe, 161 st District
Sworn to and subscribed before me, this 22nd day of February, 1999.
s/ Sl"S.-\.', GORDO:--.: :--.:otary Public, Rockdale County, Georgia '.\ly Commission Expires :--.:m. 18, 2001 (SE..\L)
.-\pprmed April 16, 1999.

'.\ICI:--.:TOSH RESER\' HISTORIC.\L .-\LTHORITY- .--\BOLISHED; .-\CT REPE..\LED.
:--.:o. 208 (House Bill :--.:o. 954).
A.\i .-\CT
To repeal an .-\ct creating the '.\lclntosh Resene Historical Authority, apprmed ..\pril 9, 1981 (Ga. L. 1981. p. 469i), as amended; to abolish the '.\klntosh Resene Historical ..\uthority; to repeal conflicting laws; and for other purposes.
BE IT :--.:ACTED BY THE GE:--.:ER.\L ..\SSE'.\IBLY OF GEORGI..\:
SECTION 1.
.-\n .-\ct creating the '.\klntosh Resene Historical Authority, apprmed April 9, 1981 (Ga. L. 1981, p. -169i). as amended, is repealed in its entirety and the '.\klntosh Resene Historical .-\uthoritv is abolished.
SECTION 2.
.-\II laws and parts of laws in conflict with this ..\ct are repealed.
:--.:OTICE OF 1:--.:TE:--.:TIO~ TO 1:--.:TRODCCE LOC..\L LEGISL.\TIO:--.:
:--.:otice is ghen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to repeal the .-\ct creating the '.\lclntosh Reser\'e Historical Authority, apprmed April 9, 1981 (Ga. L. 1981, p. -169i); and for other purposes.
This 1st day of \larch. 1999.
s/ Tracy Stallings Representathe I00th District

4540 LOCAL .-\.."D SPECIAL ..\CTS .-\SD RESOLCTIO!\'S, \'OL. II
GEORGI..\, FCLTO!\' COC!\'TI'
Personally appeared before me, the undersigned authoritY, duh- authorized to administer oaths, Tracy Stallings, \\ho on oath deposes and says that he is the RepresentatiYe from the l 00th District and further deposes and says as follows:
( l) That the attached !\'otice of Intention to Introduce Local Legislation was published in the Times-Georgian which is the official organ of Carroll County on the following date: '.\farch 4, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked belmr:
_ ..\ copY of the notice of intention was mailed, transmitted bY facsimile, or otherwise .prmided to the gowrning authority of any countY, municipalitY, or consolidated goYernment whose charter or enabling .-\ct is amended, as required bY subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not applY because the bill was requested bY resolution or other written notification of the goYerning authority of the affected countY, municipalitY, or consolidated gmernment and a copy of such resolution or other \\Titten notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling ..\ct of a countY or consolidated goYernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was prmided to the county gmerning authoritY within which the area proposed to be annexed is located at the time the notice was published, as required bY Code Section 28-1-14.l.
s/ TR.\CY ST..\LLI!\'GS Representati,e, 100th District
Sworn to and subscribed before me, this 4th day of '.\1arch, 1999.
s/ TERESA ..\DKI!\'S ~otan Public, ClaYton CountY, Georgia '.\1y Commission Expires Jan. 5, 2001 (SE.--\L)
..\pproYed April 16, 1999.

GEORGI.-\ L-\WS 1999 SESSIO:\

-1541

STEPHE:\S COL':\TY - ST.-\TE COL.RT; JL'DGE .-\:\D SOLICITORGE:\ER.-\L; CO\IPE:\SATIO:\.
:\o. 209 (House Bill :\o. %:J) .
.-\..'\ .-\CT
To amend an .-\ct continuing and re-creating the State Court of Stephens County. approYed \larch 28, 198:J (Ga. L. 1985, p. -16i3), as amended by an .-\ct appnwed \larch 13, 1990 (Ga. L. 1990, p. 3880), so as to change the compensation of the judge and solicitor of said court; to prmide an effecti,e date; to repeal conflicting laws; and for other purposes.
BE IT E:\.-\CTED BY THE GE:\ER.-\L .-\SSE\IBLY OF GEORGL-\:
SECTION 1.
.-\n .-\ct continuing and re-creating the State Court of Stephens County, apprmed \larch 28. 1985 (Ga. L. 198:J, p. -16i3). as amended by an .-\ct appnwed \larch 13, 1990 (Ga. L. 1990, p. 3880), is amended by striking subsection (cl) of Section 11 and inserting in its place a new subsection (d) to read as follows:
.. (cl) The judge shall be paid a salary of S23,000.00 per annum, payable monthly out of the funds of Stephens County. The salary of such judge shall be an expense of said court...
SECTION 2.
Said .-\ct is further amended by striking subsection (e) of Section 13 and inserting in its place a new subsection (e) to read as follows:
"(e) The solicitor shall be paid a salary of S23,000.00 per annum, payable monthly out of the funds of Stephens County. The salary of such solicitor shall be an expense of said court."
SECTION 3.
This .-\ct shall become effectiYe on July 1, 1999.
SECTION 4.
.-\11 laws and parts of laws in conflict with this .-\ct are repealed.
2/17/99
State Representati\e Jeanette Jamieson -102 State Capitol .-\tlanta, G.-\ 3033-1
RE: BILL TO l:\CRE.-\SE S.-\L-\RIES OF JL'DGE .-\:\D SOLICITOR OF ST.-\TE COL'RT OF STEPHE:\S COL':\TI' (FRO\l S21.000.00 TO S23,000.00)

4542 LOCAL .-\..'\O SPECIAL ACTS .-\..,D RESOLL'TIO:\'S, \'OL. II
Dear Jeanette:
At the request of State Court Judge Alton .--\dams and Solicitor James Inin the Stephens County board of Commissioners has approYed an increase in the salaries of the Judge and Solicitor of State Court from S21,000.00 per year to S23,000.00 per year effectiYe July 1, 1999.
This letter shall sene as the permission from the Stephens County Board of Commissioners for you to introduce local legislation making this change in the salaries of the Judge and Solicitor of the State Court of Stephens County.
If you haYe any questions, please call me.
Sincerely rnurs, s/ Brenda Chapman Brenda Chapman, Chair Stephens County Board of Commissioners
AMA/ snm
CC: Judge Alton ~I. .--\dams P.O.Box 488 Toccoa, G.--\ 305ii
Solicitor James T. In-in lOi East Tugaloo Street Toccoa, G.--\ 305ii
:\'OTICE OF l!\'TE:\'T TO l:\'TRODL'CE LOCAL LEGISLATIO:\'
;';otice is hereby giYen that there will be introduced at the regular 1999 Session of the General Assembly of Georgia, local legislation to amend an .--\ct continuing and recreating the State Court of Stephens County to proYide for an increase in the salary of the judge and solicitor general of the State Court of Stephens County and to change from four to two the number of annual terms for said court.
GEORGI.--\, Fl'LTO:\' COL':\'TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths.Jeanette Jamieson, ''"ho on oath deposes and says that she is the Representathe from the 22nd District and further deposes and says as follows:
(1) That the attached :\'otice of Intention to Introduce Local Legislation was published in the Chieftain and Toccoa Record which is the official organ of Stephens County on the following date: February 23, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

GEORGIA L\WS 1999 SESSIO'.'\

4543

_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, municipality, or consolidated goyernment \\hose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated goyernment and a copy of such resolution or other written notification is attached hereto.
..L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated goYernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was prmided to the county goyerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JEA.~ETTE J\\HESO'.'\ RepresentatiYe, 22nd District
Sworn to and subscribed before me, this 8th day of ~arch, 1999.
s/ TERESA ..\DKI'.'\S '.'\otary Public, Clayton County, Georgia '.\1y Commission Expires Jan. 5, 2001 (SEAL)
Apprmed April 16, 1999.

GRIFFl'.'\-SPALDI'.'\G COC:\TY SCHOOL SYSTE~ - BOARD OF EDCC.\TIO~; CO'.\1lPE'.'\SATIO~.
'.'\o. 210 (House Bill '.'\o. 956).

To amend an Act creating the Griffin-Spalding County School System, apprmed February 25. 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2563), as amended, so as to change the proYisions relating to the compensation of the chairperson and members of the Griffin-Spalding County Board of Education; to J)rOYide an effectiYe date; to repeal conflicting laws; and for other purposes.

4544 LOCAL .--\..~D SPECIAL ACTS .--\..'\'D RESOLCTIO:\'S, \'OL. II
BE IT E:\'.-\CTED BY THE GE:\'ER.--\L .-\SSE\ilBLY OF GEORGI.-\:
SECTION 1.
An .-\ct creating the Griffin-Spalding County School System, approYed February 25, 1953 (Ga. L. 1953,Jan.-Feb. Sess., p. 2563), as amended, is amended by striking Section 9 of said .-\ct and inserting in its place the following:
"'SECTIO:\' 9.
(a) Each member of the board of education, upon assuming such office, shall take an oath to perform faithfully the duties of such office as proYided by law.
(b) Beginning on July 1, 2000, and on the first day ofJuly of each Year thereafter, the compensation for the chairperson and members of the board of education shall be set for the ensuing year. The compensation of the chairperson shall be an amount equal to 30 percent of the salary of a beginning teacher as established by the State Board of Education. The compensation of each of the other members of the board of education shall be an amount equal to 25 percent of the salary of a beginning teacher as established by the State Board of Education.
(c) In addition to the compensation pro,ided in subsection (b) of this section, and subject to such procedures and restrictions as may be prescribed by the board of education, each member of the board shall be reimbursed for his or her actual and reasonable expenses incurred in traYeling outside of Spalding County on official business of the board...
SECTION 2.
This .-\ct shall become effecthe on July 1, 2000.
SECTION 3.
All laws and parts of laws in conflict with this .-\ct are repealed.
~OTICE OF I::--;TE~TIO:\' TO I~TRODCCE LOC.--\L LEGISL\TIO:\'
~otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act creating the Griffin-Spalding County School System, approYed February 25, 1953 (Ga. L. 1953,Jan.-Feb., Sess., p. 2563), as amended; and for other purpose. This 2nd day of \!larch, 1999.
Deborah C. Hudson
GEORGI.-\, FCLTO:\' COC:\'TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths.John P. Yates, who on oath deposes and says that

GEORGI.-\ L\WS 1999 SESSIO'.\'

4545

he is the RepresentatiYe from the 106th District and further deposes and says as follows:
(1) That the attached '.\'otice of Intention to Introduce Local Legislation ,ms published in the Griffin Daily ~e\\s ,,hich is the official organ of Spalding County on the following date: :\farch 5, 1999.
(2) That the laws requiring notice of local legislation ,,ere further complied ,,ith in the manner checked below:
_ .--\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goyerning authority of any county, municipality. or consolidated goYernment whose charter or enabling .-\ct is amended, as required bY subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill ,ms requested by resolution or other \ffitten notification of the goYerning authority of the affected countY, municipality, or consolidated goYernment and a copy of such resolution or other \\Titten notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1-14 does not applY because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated goYernment or the bill affects a local school system.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill ,,as proYided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JOH'.\' P. Y.--\TES RepresentatiYe, 106th District
Sworn to and subscribed before me, this 5th day of \larch, 1999.
s/ TERES.--\ .-\DKI'.\'S '.\'otary Public, Clanon County, Georgia \ly Commission Expires Jan. 5, 2001 (SEAL)
.--\pprmed .--\pril 16. 1999.

FORS\TH COL'.\'TY - HO\.lESTE.-\D EXE\lPTIO:':S; COL'.\'TY T.--\XES: REFERE'.\'DC\.l.
::\"o. 211 (Honse Bill :'\o. 957) .
.--\.'\' .-\CT
To amend an .-\ct increasing the homestead exemption from certain ad Yalorem taxes leYied bY Forsyth County for county purposes, approYed

4546 LOCAL ,-\......;D SPECIAL ACTS .-\.."D RESOLL'TIO~S. \'OL. II

:Vlarch 10, 1994 (Ga. L. 1994, p. 4277), so as to increase the amount of such exemption oYer a three-year period: to amend an .-\ct proYiding a homestead exemption from Forsyth County ad ,alorem taxes for county purposes for certain residents 65 years of age or OYer, approYed September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 237), so as to increase the income limitation; to increase, oYer a three-year period, the amount of such exemption, and to include disabled residents; to prmide for a homestead exemption for disabled ,eterans; to proYide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to pro,ide for applicability: to prmide for a referendum, effecthe dates, and automatic repeal; to repeal conflicting laws: and for other purposes.

BE IT E~.-\CTED BY THE GE~ER.\L .-\SSE:VIBLY OF GEORGI.-\:

SECTION 1.

An .-\ct increasing the homestead exemption from certain ad Yalorem taxes le,ied by Forsyth County for county purposes, approYed '.\-larch 10, 1994 (Ga. L. 1994, p. 4277), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows:

"SECTIO;'l.j 2.

(a) Each resident of Forsyth County is granted an exemption on that person s homestead from all Forsyth County ad Yalorem taxes leYied for county purposes in the amount specified for the following tax years:

.-\mount of exemption of assessed ,alue of homestead
$6,000.00 7,000.00 8,000.00

Tax year beginning date for exemption
January 1, 2001 January 1, 2002 January 1, 2003, and for all tax years thereafter

(b) The ,alue of a homestead in excess of the amount exempted by this section shall remain subject to taxation."

SECTION 2.

.-\n .-\ct prmiding a homestead exemption from Forsyth County ad rnlorem taxes for county purposes for certain residents 65 years of age or oyer, apprmed September 21. 1995 (Ga. L. 1995, Ex. Sess., p. 237), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows:

"SECTIO'.\: 2.

(a) Each resident of Forsnh CountY who is a senior citizen or who is disabled is granted an exemption 01~ that person's homestead from all

GEORGL-\ L\WS 1999 SESSIO:\

--1:)--17

Forsyth County ad Yalorem taxes for county purposes in the amount as specified for the following tax years:

.-\mount of exemption of assessed Yalue of homestead
SI0,000.00 13,000.00 16,000.00

Tax Year beginning date for exemption
January 1, '.WOl January 1, 2002 January 1, 2003, and for all tax ,ears thereafter

if that person s income, together with the income of the spouse of such person who also occupies and resides within such homestead, does not exceed S--10,000.00 for the immediately preceding taxable year. The Yalue of that property in excess of such exempted amount shall remain sul~ject to taxation.

(b) In order to qualify for the exemption prmided 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 3--1 of Title --13 of the O.C.G..-\., relati\e to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentalh- or physically incapacirated to the extent that such person is unable to be gainfully employed and that such incapacity is likeh to be permanent.

(c) .-\ person shall not receiYe the homestead exemption granted by subsection (a) of this section unless the person or person s agent files an affidaYit with the tax commissioner of Forsyth County giYing the person's age, or, if disabled, the certificate or certificates required b~ subsection (b) of this section, and the amount of income which the person and the person s spouse occupying and residing within such homestead recei,ed during the last taxable year, and such additional information relatiYe to receiYing 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 pnwide affidmit forms for this purpose."

SECTION 3.

(a) There is created in Forsyth Count\' a homestead exemption from certain ad ,alorem taxes le,ied by Forsyth County for cmmty purposes in the amount of S38,000.00 for certain disabled ,eterans.

(b) .-\s used in this ..\ct, the term:

(1) "Disabled wteran means such term as defined in subsection (a) of Code Section --18-5---18 of the O.C.G..-\.

(2) "forsyth County ad ,alorem taxes" means all ad Yalorem taxes for county purposes leYied b, Forsyth County. except for Forsnh County

4548 LOCAL ...\.'\'D SPECIAL ACTS ...\.'\'D RESOLCTIO:\S, \'OL. II
School District ad Yalorem taxes and except for ad Yalorem taxes to pay interest on and retire bonded indebtedness.
(c) Each disabled Yeteran qualified to receiYe a homestead exemption pursuant to the prmisions of Code Section 48-5-48 of the O.C.G.A., as such Code section now appears or as it is subsequently amended, is granted an exemption on that person s homestead from Forsyth County ad Yalorem taxes leYied for countY purposes in the amount of 38,000.00 for the tax year 2001 and for all tax years thereafter. The exemption granted by this section shall be in addition to the exemption granted by Code Section 48-5-48 of the O.C.G..-\. but shall be in lieu of and not in addition to amother homestead exemption granted such resident from Forsyth County ad rnlorem taxes for county purposes. The Yalue of a homestead in excess of the amount exempted by this section shall remain subject to taxation.
(cl) The exemption granted by this section shall be claimed and returned as prodded in Code Section 48-5-50.1 of the O.C.G..-\. After any such resident has been allowed an exemption prmided in this section, it shall not be necessary that such person make application for any year thereafter and such exemption shall continue to be allo\\ed to such person. It shall be the duty of any resident of Forsyth County "ho has claimed a homestead exemption proYided for in this section to notify the tax commissioner of Forsyth County in the ewnt that resident becomes ineligible for any reason to recei,e such homestead exemption.
(e) :\o exemption granted by this section shall apply to or affect any state taxes, municipal taxes, or taxes to pay interest on or retire bonded indebtedness.
(f) The tax commissioner of Forsnh County shall proYide application forms for the exemption granted b, this .-\ct and shall require with the initial application an affidaYit as to information necessary to determine the eligibility of an applicant for that exemption.
SECTION 4.
L"nless prohibited by the federal \'oting Rights .-\ct of 196:"'>. as amended, the election superintendent of Forsnh County shall call and conduct an election as pro,ided in this section for the purpose of submitting this .-\ct to the electors of Forsyth County for approYal or rejection. The election superintendent shall conduct that election on the Tuesday after the first :\londaY in :\o,ember, 2000, and shall issue the call and conduct that electio1~ as 1)ro,ided bY general laK The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediateh preceding the date thereof in the official oq?;an of Forsyth CountY. The ballot shall han written or printed thereon the ,rords:

GEORGL.\ L-\\\'S 1999 SESSIO;\

-1-5-1-9

.. (

Shall the .-\ct be apprmed which: (1) increases from

S5.000.00 to S8,000.00 mer a three-Year period the

homestead exemption from Forsyth County ad Yalo-

rem taxes for countY purposes: (2) increases from

SI0,000.00 to S16,000.00 oYer a three-Year period the

homestead exemption from Forsnh Count\' ad ,alo-

rem taxes for county purposes from SI 0.000.00 to

SJ 6,000.00 for certain residents of the county who are

65 Years of age or oYer or disabled and ,rho haYe

annual incomes not exceeding S-1-0,000.00: and (3)

pnwides for a S38,000.00 homestead exemption from

Forsyth Count\' ad ,alorem taxes for county purposes

for certain disabled ,eterans~ ..

.-\ll persons desiring to Yote for apprmal of the .-\ct shall Yote "\es,.. and those persons desiring to Yote for rejection of the .-\ct shall Yote ";'\o. If more than one-half of the \'Otes cast on such question are for appnwal of the .-\ct, Sections 1 through 3 shall become of full force and effect on January l, 2001. If the .-\ct is not so apprmed or if the election is not conducted as pro\'ided in this section, Sections l through 3 of this .-\ct shall not become effecti\'e and this .-\ct shall be automatically repealed on the first day of January immediateh' following that election elate.

The expense of such election shall be borne bY ForsYth CountY. It shall be the election superintendent's dutY to certifr the result thereof to the Secretan- of State.

SECTION 5.

Except as otherwise prmided in Section -1- of this .-\ct, this .-\ct shall become effecti\'e upon its appro\'al bY the Go\'ernor or upon its becoming law without such appro\'al.

SECTION 6.

.-\II laws and parts of laws in conflict with this .-\ct are repealed.

PCBLIC ;\OTICE

;\OTICE OF {;'\TE;\TIO;'\ TO l:\"TRODCCE LOC.-\L LEGISL-\TIO;'\

;'\Otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .-\ct increasing the homestead exemption from certain ad \'alorem taxes Ie,ied bY Forsnh County for county purposes, approYed '.\larch 10. 199-1- (Ga. L. l 99-1- p. 4277), so as to increase the amount of such exemption O\'er a three year period to amend an .-\ct pro,iding a homestead exemption from ForsYth CountY ad \'alorem taxes for countY purposes for certain residents 65 years of age or mer, approYed September 21, l 995 (Ga. L. 1995, EX. Sess.. p. 237), so as to increase the income limitation: to increase <ffer a three-\'ear period, the amount of such exemption. and to include disabled residents,

-1550 LOC.-\L .-\..'\D SPECI.-\L .-\CTS .-\..'\D RESOLCTIO~S. \'OL. II
to proYide for a homestead exemption for disabled ,eterans to prmide for definitions: to specif\ the terms and conditions of the exemption and the procedures relating thereto: to proYide for applicability to prmide for a referendum, effecti,e dates. and automatic repeal, to repeal conflicting laws: and for other purposes.
This 3 da, of '.\larch. 1999.
GEORGL\, FCLTO~ COC~TY
Personally appeared before me, the undersigned authority. duly authorized to administer oaths. '.\like EYans, who on oath deposes and says that he is the Representatiw from the 28th District and further deposes and says as follows:
(1) That the attached ~otice of Intention to Introduce Local Legislation ,ms published in the Forsyth CountY :\"ews which is the official organ of Forsyth County on the following date: '.\,larch 5, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed, transmitted by facsimile. or otherwise proYided to the gmerning authority of any county, municipality. or consolidated gmernment whose charter or enabling .-\ct is amended. as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the g<H"erning authority of the affected county, municipality. or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated gowrnment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county g<H"erning authority within which the area proposed to be annexed is located at the time the notice was published. as required by Code Section 28-1-14.1.
s/ '.\HKE .-\. E\'.-\..'\S
RepresentatiYe, 28th District
Sworn to and subscribed before me. this 8th daY of '.\larch. 1999.

GEORGL-\ L-\WS 1999 SESSIO'.'\

-1551

s/ TERESA .-\DKI'.'\S ~otary Public, Clayton County. Georgia '.\ly Commission Expires Jan. :'l, 2001 (SE.-\L)
.-\pprmed April 16. 1999.

FORS\TH COC'.'\TY - BO.-\RD OF CO'.\HHSSIO'.'\ERS; CO'.\IPE'.'\S.-\TIO'.'\ .-\.,D EXPE'.'\SE .-\LLOW.-\.,CE.
'.'\o. 212 (House Bill '.'\o. 961) .
.-\'.'\ .\CT
To amend an .\ct creating the Board of Commissioners of Forsyth County. apprmedJune 30, 196-1 (Ga. L. 196-1. Ex. Sess.. p. 2225), as amended, so as to change the compensation and per diem expense allowance of the chairperson and members of the board of commissioners; to proYide an effecthe date; to repeal conflicting laws; and for other purposes.
BE IT E'.'\.-\CTED BY THE GE'.'\ER.-\L .-\SSE'.\IBLY OF GEORGL-\:
SECTION 1.
.-\n .-\ct creating the Board of Commissioners of Forsyth County, approwd June 30, 196-1 (Ga. L. 196-1. Ex. Sess.. p. 2225). as amended. is amended by striking Section i of said .-\ct and inserting in its place the following:
"SECTIO'.'\ i.
(a) The chairperson of the board of commissioners shall receiw a salary of S450.00 per month. payable out of the funds of Forsyth County. The compensation of the other members of the board of commissioners shall be S350.00 per month, payable out of the funds of Forsyth County.
(b) The chairperson and each member of the board shall receiYe the sum of Si5.00 as an expense allowance for each day's actual attendance at a meeting of the board or any meeting of any other goYernmental or public board. council. committee. authority. or commission at which said member is representing the Board of Commissioners of Forsyth County or a political subdiYision of Forsyth County. but shall recehe the same for not more than ten days per month. Said expense allowance shall be payable out of the funds of Forsyth County.
(c) The chairperson and other members of the board shall also be entitled to actual expenses incurred while on business outside the county. to be payable from the funds of Forsyth County...
SECTION 2.
This .-\ct shall become effectiw on January I. 2001.

-1552 LOC.-\L .-\:-.;D SPECI.-\L .-\CTS .--\..'\'D RESOLL'Tio:-.;s, \'OL. II
SECTION 3.
.-\II laws and parts of laws in conflict with this .-\ct are repealed.
:-.;oTICE OF 1:-.;TE:-.;TJO:-.; TO 1:-.;TRODL'CE LOC.-\L LEGISL-\TIO:-.;
:-.;otice is gi,en that there will be introduced at the regular 1999 session of the Ge neral Assembly of Georgia a bill to increase the salary of the Forsyth County Board of Commissioners and for other purposes.
This 3 dm of \larch 1999.
GEORGI.-\. FLLTO:-.; coc:-.;TY
Personalh appeared before me, the undersigned authority. duly authorized to administer oaths. \like E,,ms. who on oath deposes and says that he is the RepresentatiYe from the 28th District and further deposes and says as follows:
( 1) That the attached :-.;otice of Intention to Introduce Local Legislation was published in the Forsyth County :-.;ews which is the official organ of Forsnh County o_n the following date: \larch 5, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
.L .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise prmided to the gmerning authority of any county, municipalitY, or consolidated gmernment whose charter or enabling .-\ct is amended. as required by subsection (b) of Code Section 28-1-1-l.
_ The notice requirement of subsection (b) of Code Section 28-1-1-l does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county. municipality, or consolidated goYernment and a copY of such resolution or other \\Titten notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-1-l does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated gmernment or the bill affrcts a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-l does not apply because the bill is an annexation bill and a copy of the bill ,ras pro,ided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published. as required b, Code Section 28-1-1-l.1.
s/ \IIK.E E\'.-\:-.;S
Representathe. 28th District
Sworn to and subscribed before me. this 8th da, of \larch, 1999.

GEORGL-\. L-\\,\'S 1999 SESSIO'.\
s/ TERES.-\ .-\DKI'.\S '.\otary Public. Clayton County. Georgia \ly Commission Expires Jan. 5, 2001 (SE.-\L)
.-\pproYed .-\pril 16. 1999.

-1553

CITY OF L-\\'O'.\1.-\ - CORPOR-\TE LI\HTS.
'.\o. 213 (House Bill '.\o. 963) .
.-\'.\ .-\CT
To amend an .-\ct granting a new charter to the City of LaYonia, approYed June 4. 196-1 (Ga. L. 196-1. Ex. Sess.. p. 2008), as amended, so as to change and extend the corporate limits of such city; to repeal conflicting laws; and for other purposes.
BE IT E'.\.-\CTED BY THE GE'.\ER-\L .-\SSDIBLY OF GEORGI.-\:
SECTION 1.
.-\n .-\ct granting a new charter to the City of LaYonia. approYed June -1. 1964 (Ga. L. 1964. Ex. Sess.. p. 2008). as amended, is amended by adding a new section immediately following Section -1. to be designated Section 4.-\, to read as follows:
"SECTIO'.\ 4.-\.
In addition to the present territory included within the corporate limits of such city, the corporate limits shall specifically include all that tract or parcel of land lying and being in the 206th District, G.\1 .. Franklin County. Georgia. and consisting of the Department of Transportation Right-of-\\'ay on Georgia Highway 17. and extending from the present CitY. limits of said CitY. at the Pizza Hut and to its intersection with the FairYie\\ Road...
SECTION 2.
.-\II la\\s and parts of laws in conflict with this .-\ct are repealed.
ST.-\TE OF GEORGI.-\
COL''.\TY OF FR.-\.'\'KLI'.\
This will sene as '.\otice to the General Public that the CitY of Lanmia intends to annex the Right-Ot~Way of Georgia Highway 17 beginning at its present city limits located on the '.\orth side of LaYonia. Georgia at the Pizza Hut; and extending along said Right-Of-\\'ay to its intersection with Fain-ie,\ Road. all located in Franklin County. Georgia as shown by plat at the City Hall, Larnnia. Georgia.

-155-! LOC.U. A:\D SPECIAL .-\CTS .-\.'.:0 RESOLCTIO:\S, \'OL. II
This 1st d,n- of \larch. 1999.
\layor and Council of La,onia, Georgia
GEORGIA. FCLTO:\ COL':\TY
Personalh appeared before me. the undersigned authority. duly authorized to administer oaths.Jeanette Jamieson, who on oath deposes and says that she is the RepresentatiYe from the 22nd District and further deposes and s,l\"s as follo\\s:
( 1) That the attached :\otice 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: \larch -!, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed. transmitted by facsimile, or othendse proYided to the go:erning authority of any county. municipalitY, or consolidated goYernment whose charter or enabling .-\ct is amended. as required b, subsection (b) of Code Section 28-1-1-!.
_ The notice requirement of subsection (b) of Code Section 28-1-1-! does not apply because the bill was requested by resolution or other \\Titten notification of the g<)\'erning authority of the affected county. municipality. or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
_ The i10tice requirement of subsection (b) of Code Section 28-1-1-! does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated g<)\'ernment or the bill affects a local school sYstem.
.L The notice requirement of subsection (b) of Code Section 28-1-1-! does not apply because the bill is an annexation bill and a cop, of the bill was proYided to the cmmty g<>Yerning authority within which the area proposed to be annexed is located at the time the notice was published. as required b~ Code Section 28-1-1-!.l.
s/ JE.-\.'\ETTE j.-\.\llESO:\ Representathe. 22nd District
Sworn to and subscribed before me. this 8th elm of \larch. 1999.
s/ TERESA .illKl:\S :\otan Public. Clayton County. Georgia \ly Commission Expires Jan. 5. 2001 (SEAL)
.-\ppnwed .-\pnl 16. 1999.

GEORGI.\ L-\WS 1999 SESSIO:'\
CITY OF CL"SSET.\ - HO'.\IESTE..\D EXE'.\IPTIO:'\; CITY T.--\XES; REFERE:'\DC'.\1.
:'\o. 214 (House Bill :'\o. 966) .
.--\:'\ .--\CT
To prmide a homestead exemption from City of Cusseta ad Yalorem taxes for city purposes, including taxes leYied by the city to pay interest on and to retire bonded indebtedness, in the amount of the assessed Yalue of the homestead for certain residents of that city who are 6:'> years of age or OYer: to proYide for definitions: to specif\ the terms and conditions of the exemption and the procedures relating thereto: to proYide for applicability; to proYide for a referendum, effectiYe dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT E:'\.--\CTED BY THE GE:'\ER.--\L .--\SSE'.\IBLY OF GEORGL--\:
SECTION 1.
For purposes of this .--\ct, the term:
(1) .-\d Yalorem taxes for city purposes" means all ad ,alorem taxes for city purposes leYied by, for, or on behalf of the City of Cusseta. including, but not limited to, taxes for maintenance, operations. and taxes to pay interest on and to retire bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section -18-5-40 of the O.C.G..-\.
(3) "Senior citizen .. means a person who is 65 years of age or oYer on or beforeJanuary I of the year in which application for the exemption under this .--\ct is made.
SECTION 2.
(a) Each resident of the City of Cusseta who is a senior citizen is granted an exemption on that person s homestead from all City of Cusseta ad valorem taxes for city purposes in the amount of the assessed Yalue of that homestead.
(b) .--\ person shall not recein the homestead exemption granted by subsection (a) of this section unless the person or the person s agent files an affida,it with the official designated by the gmerning authority of the City of Cusseta giYing the person s age and such additional information relati\e to receiYing such exemption as will enable such official to make a determination as to whether such owner is entitled to such exemption. The official so designated shall prmide affidaYit forms for this purpose.

--1556 LOCAL ..\.'\D SPECIAL ACTS ..\.'\D RESOLCTIO:\'S, \'OL. II
SECTION 3.
The City of Cusseta or the official designated by the goYerning authority of the city shall pro\'ide application forms for the exemption granted by this .-\ct and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 4.
The exemption shall be claimed and returned as proYided in Code Section --18-5-50.1 of the O .C.G..-\. The exemption shall be automatically renewed from year to year as long as the om1er occupies the residence as a homestead. After the person has filed the proper affidaYit as pro,ided in subsection (b) of Section 2 of this .-\ct, it shall not be necessary to make application and file such affida,it thereafter for any year and the exemption shall continue to be allmred to such person . It shall be the duty of any person granted the homestead exemption under this .-\ct to notify the City of Cusseta or the official designated for such purpose bY the goYerning authority of the city in the eYent that person for am reason becomes ineligible for that exemption.
SECTION 5.
The exemption granted by this .-\ct shall not apply to or affect any state taxes, count\' taxes, or school district taxes for educational purposes. The homestead ~xemption granted by this ..\ct shall be in lieu of and not in addition to any other homestead exemption applicable to the City of Cusseta ad rnlorem taxes for city purposes.
SECTION 6.
The exemption granted by this .-\ct shall apply to all taxable Years beginning on or after January 1, 2000.
SECTION 7.
Cnless prohibited by the federal \'oting Rights .-\ct of 1965, as amended, the election superintendent of the City of Cusseta shall call and conduct an election as proYided in this section for the purpose of submitting this .-\ct to the electors of the City of Cusseta for approYal or rejection . The election superintendent shall conduct that election on :\'member 2, 1999, and shall issue the call and conduct that election as proYided by general law. 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 Chattahoochee County. The ballot shall ha,e written or printed thereon the words:

GEORGI.-\ L\WS 1999 SESSIO'.\:

\'ES Shall the ..\.ct be apprond which proYides a home-

'.\:O

stead exemption from CitY of Cusseta ad Yalorem taxes for citY purposes in the amount of the assessed

,ah1e of the homestead for certain residents of that

citY " ho are 65 Years of age or ewer: ..

.-\II persons desiring to Yote for approYal of the ..\.ct shall n>te "\es. and those persons desiring to Yote for rejection of the ..\.ct shall ,-ote "'.\:o... If more than one-half of the ,otes cast on such question are for approYal of the ..\.ct, Sections 1 through 6 shall become of full force and effect on January 1. 2000. If the .-\ct is not so approYed or if the election is not conducted as proYided in this section, Sections 1 through 6 of this .-\ct shall not become effectiYe and this .-\ct shall be automatically repealed on the first daY ofJanuary immediate!Y following that election date.

The expense of such election shall be borne bY the CitY of Cusseta. It shall be the election superintendent's dutY to certify the result th ereof to the Secretan- of State.

SECTION 8.

Except as othernise proYided in Section 7 of this .-\ct, this .-\ct shall become effectiYe upon its apprmal bY the GoYernor or upon its becoming law "ithout such approYal.

SECTION 9.

.-\11 laws and parts of laws in conflict with this .-\ct are repealed.

.-\ RESOLL'TIO'.\: .-\ RESOLLTIO'.\: EXE~IPTI'.\:G PERSO'.\:S O\'ER THE .-\GE OF
65 \'E.-\RS FRO~I CERT.-\J'.\: T..\.X..\.TIO:\' . ..\.'\D FOR OTHER Pl'RPOSES

* * * * * * * * * *

WHEREAS, the CitY Council of the CitY of Cusseta. Georgia is charged with the responsibilitY of raising reYenues in order to support the senices proYided bY the CitY of Cusseta, Georgia; and

WHERE.-\S, the CitY of Cusseta, Georgia, has manY inhabitants and residents and citizens who are aboYe the age of 65 Years and are on limited income; and

WHERE.-\S, the CitY Council of the CitY of Cusseta, Georgia is desirous of exempting persons o,er the age of 65 from paying anY citY adYalorem taxes unto the CitY of Cusseta, Georgia.

THEREFORE:

BE IT RESOL\'ED bY the City Council of the City of Cusseta, Georgia. that persons who are aboYe the age of 65 Years are exempted from paYing

-l558 LOCAL ..\.'iD SPECIAL ACTS ..\.,D RESOLL'TIONS, \'OL. II

any city ad,alorem taxation, on primary residence unto the City of Cusseta, Georgia.

* * * * * * * * * * * * * *

Introduced and read at a meeting of the City Council of Cusseta, Georgia, held on the 13th day of July, 1998, and adopted at said meeting by the affirmathe \'0te of 4 members of said Council.

Council person s/ Floyd Hudgins Council person s/ Kimberly A. Sparks Council person s/ Roy D. Sphey Council person s/ James Thornton
yL\\'OR s/ J. E. Smith III

rnting Yes ,oting Yes rnting \es rnting \es \'Oting \es

s/ William H. Cumby, Jr. CITY CLERK

:'\OTICE OF I:'\TE:'\TIO:'\ TO I:'\TRODL'CE LOCAL LEGISL\TIO'.',;

:'\otice is ghen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to prmide a homestead exemption from City of Cusseta ad \'alorem taxes for city purposes, including taxes le,ied by the city to pay interest on and to retire bonded indebtedness. In the amount of the assessed ,alue of the homestead for certain residents of that city who are 65 years of age or mer: to prmide for definitions: to specif\ the terms and conditions of the exemption and the procedures relating thereto; to pro,ide for applicability: to pro,ide for a referendum, effecti\'e dates, and automatic repeal: to repeal conflicting laws; and for other purposes.

This 13th day ofJuly, 1998.

J. E. Smith, III
Yla\'or

GEORGL-\, Fl'LTON COL'~TY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who on oath deposes and says that he is the Representathe from the 158th District and further deposes and sa\'s as follows:

(I) That the attached '.\;otice of Intention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer which is the official organ of Chattahoochee County on the following date: yfarch 2, 1999.

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

_ A copy of the notice of intention was mailed, transmitted by facsimile, or othenvise pro\'ided to the gmerning authority of any county, munic-

GEORGI.-\ L-\WS 1999 SESSIO'.'\

-1559

ipality. or consolidated gmernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-1-1.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
L The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated goyernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county g<werning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-1.1.
s/ GER-\LD . GREE~ RepresentatiYe, 158th District
Sworn to and subscribed before me, this 3rd day of March, 1999.
s/ TERESA .-\DKI'.'\S '.'\otary Public, Clayton County, Georgia ~ly Commission Expires Jan. 5, 2001
(SEAL)
.-\pproYed April 16, 1999.

CITY OF DOCGL-\S\1LLE - '.'\EW CHARTER.
No. 215 (House Bill '.'\o. 968) .
.-\..'\ .-\CT
To proYide a new charter for the City of Douglas,-ille; to prmide for incorporation, boundaries, and powers of the city; to proYide for a goYerning authority of such city and the powers, duties, authority, election. terms, vacancies, compensation, expenses. qualifications, prohibitions, conflicts of interest, and suspension and remoYal from office relati\e to members of such governing authority; to proYide for inquiries and in\'estigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to pro,ide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to prmide for administrative affairs and responsibilities; to provide for boards, commissions, and

--l:160 LOC.--\L .--\~D SPECI.--\L ..\CTS ..\."\'D RESOIXTIO~S. \'OL. II
authorities; to proYide for a citY attorney, a citY clerk, and other personnel and matters relating thereto; to proYide for rules and regulations; to pro,ide for a municipal court and the judge or judges thereof and other matters relatiYe to those judges; to proYide for the court's jurisdiction, powers. practices. and procedures; to proYide for the right of certiorari; to pro\'ide for elections; to proYide for districts; to prmide for taxation. licenses. and fees; to pro,ide for franchises. senice charges, and assessments; to proYide for bonded and other indebtedness; to proYide for auditing. accounting. budgeting. and appropriations; to proYide for city contracts and purchasing; to proYide for the c01weyance of property and interests therein; to proYide for bonds for officials; to prmide for prior ordinances and rules, pending matters, and existing personnel; to pro,ide for penalties; to proYide for definitions and construction; to proYide for submission; to pro,ide for other matters relatiYe to the foregoing; to repeal a specific ..\ct; to repeal conflicting laws; and for other purposes.
BE IT E~.--\CTED BY THE GE~ER.\L .--\SSDIBLY OF GEORGL.\:
.--\RTICLE I
I~CORPOR.\TIO~ ..\.."\'D POWERS
SECTION 1.10.
~ame.
This city and the inhabitants thereof are reincorporated by the enactment of this charter and are constituted and declared a body politic and corporate under the name and stYle the City of DouglasYille. Georgia, and by that name shall han perpetual succession.
SECTION 1.11.
Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effecti,e date of the adoption of this charter with such alterations as may be made from time to time in the manner pro,ided by law. The boundaries of this city at all times shall be shmrn on a map. a written description, or any combination thereof, to be retained permanently in the office of the clerk of the city and to be designated, as the case maY be: "Official '.\1ap (or Description) of the corporate limits of the CitY of DouglasYille, Georgia." Photographic, typed, or other copies of such map or description certified bY the clerk shall be admitted as eYidence in all courts and shall haYe the s~me force and effect as with the original map or description.
(b) The citY council may proYide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. .--\ redrmrn map shall supersede for all purposes the entire map or maps "hich it is designated to 1'eplace.

GEORGI.--\ L\WS 1999 SESSIO'.'\

-1561

SECTION 1.12.
Powers and construction.
(a) This city shall h,n-e all powers possible for a city to haYe 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 haYe all the powers of self-goYernment not otherwise prohibited by this charter or by general law.
(b) The powers of this city shall be construed liberally in farnr of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in am way the powers of this city. These pmrers shall include, but not be limited to, the following:
(1) .--\nimal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to proYide for the impoundment of same if in Yiolation of any ordinance or la\\ful order; to proYide for the disposition by sale, gift, or humane destruction of animals and fm\"l when not redeemed as proYided by ordinance; and to proYide punishment for Yiolation of ordinances enacted under this charter;
(2) Appropriations and expenditures. To make appropriations for the support of the goyernment of the city; to authorize the expenditure of money for am purposes authorized by this charter and for am purpose for which a municipality is authorized by the laws of the State of Georgia; and to proYide for the payment of expenses of the city;
(3) 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;
(4) Business regulation and taxation. To le,y and to prmide for collection of regulatory fees and taxes on pri,ileges, occupations, trades, and professions as authorized by Title -18 of the O.C.G..--\. or such other applicable la\\s as are or may hereafter be enacted; to permit and regulate the same; to proYide for the manner and method of payment of such regulatory fees and taxes; and to reYoke such permits after due process for failure to pay any city taxes or fees;
(5) 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 goYerning authority, utilizing procedures enumerated in Title 22 of the O.C.G..--\. or such other applicable laws as are now or may hereafter be enacted;
(6) Contracts. To enter into contracts and agreements with other goyernmental entities and with priYate persons, firms, and corporations;

4562 LOCAL A:\'D SPECL-\L ACTS .--\:\'D RESOLL'TIO:\'S, \'OL. II
(7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable prmisions deemed necessary to deal "ith or meet such an emergency for the protection, safety, health, or "ell-being of the citizens of the city;
(8) Em-ironmental protection. To protect and presene the natural resources, emironment, and Yitai areas of the state through the presen-ation and impro,ement of air quality, the restoration and maintenance of ,,ater resources, the control of erosion and sedimentation, the management of solid and hazardous waste. and other necessary actions for the protection of the em-ironment;
(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 ,,ith general law, relating to both fire preYention and detection and to fire fighting; and to prescribe penalties and punishment for Yiolations thereof;
(10) Garbage fees. To Je,y. fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary sen-ice charge, tax, or fee for such sen-ices as Illa\" be necessary in the operation of the city from all indiYiduals, firms, and corporations residing in or doing business in the city benefiting from such sen-ices; to enforce the payment of such charges, taxes. or fees; and to proYide for the manner and method of collecting such sen-ice 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 cit\" and to 1xmide 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 mm impose;
(13) Health and sanitation. To prescribe standards of health and sanitation and to prmide for the enforcement of such standards;
(14) Jail sentences. To proYide that persons giYenjail sentences in the municipal court ma\" work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to prmide for commitment of such persons to an\" jail; or to proYide for commitment of such persons to any county work camp or county jail b, agreement ,dth the appropriate county officials;
(15) \fotor Yehicles. To regulate the operation of motor ,ehicles and exercise control mer all traffic, including parking upon or across the streets, roads, alleys, and walkways of the cit\;

GEORGL-\ L\WS 1999 SESSIO:'\

4563

(16) \tlunicipal 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) \tlunicipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising reYenue to carry out any project, program, or Yenture authorized by this charter or the laws of the State of Georgia;

( 18) Municipal property ownership. To acquire, dispose of, lease, 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) \tlunicipal property protection. To proYide for the presen-ation 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 Yiolations 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, cable teleYision and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to proYide for the withdrawal of sen-ice for refusal or failure to pay the same;

(21) ::\'uisance. To define a nuisance and proYide for its abatement whether on public or priYate property;

(22) Penalties. To proYide penalties for Yiolation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia;

(23) Planning and zoning. To proYide comprehensi\e city planning for de,elopment by zoning; and to proYide subdiYision regulation and the like as the citY council deems necessary and reasonable to ensure a safe, healthy, a1;d esthetically pleasing c~mmunity;

(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; remornl. To proYide for the destruction and remoYal of any building or other structure which is or may become dangerous or detrimental to the public;

(26) Public improYements. To proYide for the acquisition, construction, building, operation, and maintenance of public ways, parks and

4564 LOCAL .--\.'.ID SPECIAL .--\CTS .-\...~D RESOLCTIO::\'S, \'OL. II
playgrounds, public grounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, se\\'ers, drains, sewage treatment, waterworks, electrical systems, gas systems, other public utilities, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, consen-ation, sport, curatiYe, correctiYe, detentional, penal, and medical institutions, agencies, and facilities; and to proYide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improYements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G..--\. or such other applicable laws as are now or may hereafter be enacted;
(27) Public peace. To proYide for the preYention 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 sen-ices. To grant franchises or make contracts for or impose taxes on public utilities and public serYice companies and to prescribe the rates, fares, regulations, and standards and conditions of senice applicable to the senice to be proYided by the franchise grantee or contractor, insofar as not in conflict with \alid regulations of the Georgia Public Sen-ice Commission;
(30) Regulation ofroadsicle areas. To prohibit or regulate and control the erection, remoYal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of "ay of streets and roads or within dew thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for Yiolation of such ordinances;
(31) Retirement. To proYide 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, paYe, curb, gutter, adorn with shade trees, or otherwise imprme, maintain, repair, clean, preYent 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 oYer the bridges and Yiaducts 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 le,") 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

GEORGL.\ L.\WS 1999 SESSIO:'.\:

4565

leYy on those to whom sewers and sewerage systems are made aYailable a sewer senice fee, charge, or sewer tax for the aYailabiliry or use of the sewers; to prmide for the manner and method of collecting such sen-ice charges and for enforcing payment of the same; and to charge, impose, and collect a se\\er connection fee or fees to those connected "ith the system;
(34) Solid waste disposal. To proYide 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 proYide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to proYide 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 any intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosiYe, 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 leYy and proYide for the collection of special assessments to coYer the costs for any public imprmements;
(3i) Taxes: ad ,alorem. To leYy and proYide for the assessment, Yaluation, revaluation, and collection of taxes on all property subject to taxation;
(38) Taxes: other. To le,y and collect such other taxes as may be allowed now or in the future by law;
(39) Taxicabs. To regulate and license Yehicles operated for hire in the city; to limit the number of such Yehicles; to require the operators thereof to be licensed; to require public liability insurance on such ,ehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such Yehicles;
(40) l;rban redeYelopment. To organize and operate an urban redeYelopment program; and
(41) Other powers. To exercise and eruoy all other powers, functions, rights, priYileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, c01wenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as

4566 LOCAL A.'\iD SPECIAL ACTS .-\.'\ID RESOLLTIONS, \'OL. II
if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised b\' other municipal go\'ernments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusi\'e of others, nor restricti\'e 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, prhileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as pro\'ided by this charter. If this charter makes no pro\'ision, such shall be carried into execution as pro,ided by ordinance or as pro,ided by pertinent laws of the State of Georgia.
ARTICLE II
GO\~~~ME~TSTRCCTCRE
SECTION 2.10.
City council creation; number; election; districts.
(a) The legislathe authority of the go\'ernment of this city, except as otherwise specifically prO\ided in this charter, shall be \'ested in a city council to be composed of a mayor and se,en councilmembers. The mayor shall be elected at large by the electors of the city. Councilmembers shall be elected from fi\'e districts by the electors of their respecti\'e districts. One councilmember shall be elected from each of Districts I, 2, and 4; and two councilmembers shall be elected from each of Districts 3 and 5. The city council established in this charter shall in all respects be a successor to and continuation of the city go\'erning authority under prior law. The mayor and councilmembers shall be elected in the manner pro\'ided by general law and this charter.
(b) For the purpose of electing councilmembers, the City of Douglas\'ille shall be di\'ided into foe districts. Those districts shall consist of the described territory of the City of Douglas,ille contained in the description attached to this Act and made a part hereof and further identified as: '"Operator: local Client: doug\'ille Plan: d\'ile99".
(c) For purposes of the districts described as pro,ided by subsection (b) of this section:
(1) The terms 'Tract," "Block," and "Block Group" shall mean and describe the same geographical boundaries as pro\'ided in the report

GEORGL-\ L\WS 1999 SESSIO~

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of the Bureau of the Census for the Cnited States decennial census of 1990 for the State of Georgia;

(2) Any part of the City of DouglasYille which is not included in any district described as pro,ided by subsection (b) of this section shall be included within that district contiguous to such part which contains the least population according to the Cnited States decennial census of 1990 for the State of Georgia; and

(3) .-\ny part of the City of DouglasYille which is described as proYided by subsection (b) of this section as being included in a particular district shall neYertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the Cnited States decennial census of 1990 for the State of Georgia.

SECTION 2.11.

City council; terms and qualifications for office.

The members of the cit\.' council shall sene for terms of four Y. ears and until their respecthe successors are elected and qualified. ~o person shall be eligible to sene as mayor or councilmember unless that person shall be at least 21 years of age and shall ha\'e been a resident of the city for 12 months prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during that person's period of senice and to be registered and qualified to \'ote in municipal elections of this city. Candidates seeking election as councihnember from a district must reside within such district from which the\' seek election as of the date upon which they qualify to nm for office, or, if a write-in candidate, upon the date on which they giye notice of their intention of candidacy as required by O.C.G.A. 21-2-133, as now enacted or hereafter amended.

SECTION 2.12.

Vacancy; filling of Yacancies.

(a) Vacancies-The. office of ma,or or councilmember shall become Yacant upon the occurrence of a1iy eYent specified by the Constitution, Title 45 of the O.C.G.A., or such other applicable laws as are or ma\' hereafter be enacted.

(b) Filling of \'acancies-A \'acancy in the office of mayor or

councilmember shall be filled for the remainder of the unexpired term, if

any, by appointment if less than 12 months remain in the unexpired term,

otherwise by an election as prmided for in Section 5.14 of this charter and

Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter

be enacted.



4568 LOC.-\L .-\XD SPECI.-\L .-\CTS .-\..,D RESOLL'TIO'.\'S. \'OL. II
SECTION 2.13.
Compensation and expenses.
The mayor and councilmembers shall receiYe compensation and expenses for their sen-ices as proYided by ordinance.
SECTION 2.14.
Conflicts of interest; holding other offices.
(a) Elected and appointed officers of the city are trustees and serYants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents.
(b) Conflict of interest-Xo elected official. appointed officer. or employee of the city or any agency or political entity to ''"hich this charter applies shall knm\"ingly:
( 1) Engage in any business or transaction or haYe a financial or other personal interest, direct or indirect, ''"hich is incompatible with the proper discharge of that person s official duties or which would tend to impair the independence of that person s judgment or action in the performance of that person s officic1.l duties;
(2) Engage in or accept priYate employment or render sen-ices for priYate interests when such employment or sen-ice is incompatible with the proper discharge of that person s official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties;
(3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G..-\., concerning the property, goYernment, or affairs of the gmernmental body b, which that person is engaged without proper legal authorization or use such information to adrnnce the financial or other priYate interest of that person or others;
(4) Solicit or accept any thing of Yalue, (and for the purpose of this section, the term "thing ofYalue" shall haw the meaning proYided by Code Section 16-10-2 of the O.C.G..-\., as now enacted or hereafter amended) whether in the form of sen-ice, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in business dealings "ith the goYernmental body by which that person is engaged; pro,ided, howeYer, that an elected official who is a candidate for public office may accept campaign contributions and sen-ices in connection with any such campaign;
(5) Represent other priYate interests in any action or proceeding against this city or any portion of its goYernment; or

GEORGIA L-\WS 1999 SESSION'

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(6) \'ote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest.
(c) Disclosure-Any elected official, appointed officer, or employee who shall haYe any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose
such interest to the cit\.' council. The maY. or or a1w. councilmember who has
a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or ,ote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall ha\'e any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the goyerning body of such agency or entity.
(d) Cse of public propertY-~o 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 goYernmental entity for personal benefit, c01wenience, or profit except in accordance with policies promulgated by the city council or the goyerning body of such agency or entity.
(e) Contracts rnidable and rescindable-.-\ny Yiolation of this section which occurs \\"ith the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale Yoidable at the option of the cit\' council.
(f) Ineligibility of elected official-Except where authorized by law, neither the maY. or nor am. councilmember shall hold am. other electi,e or compensated appointhe office in the city or otherwise be employed by said goYernment or any agency thereof during the term for which that person was elected. ::-,.;o former councilmember and no former ma\'or shall hold any compensated appointiYe office in the city for which compensation (other than reimbursement for actual expenses) is paid until one year after the expiration of the term for which that person was elected.
(g) Political actiYities of certain officers and employees-::-,.;o appointed official and no employee of the city shall continue in such employment upon qualifying as a candidate for election or election to any public office in this city or upon election to any other public office not in this city which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise.
(h) Penalties for Yiolation-
( 1) Any city officer or employee who knowingly conceals such financial interest or knowingly Yiolates any of the requirements of this

4570 LOCAL ..\..'\D SPECIAL ACTS ..\..'\D RESOLCTIO'."\S, \'OL. II

section shall be guilty of malfeasance in office or position and shall be deemed to ha,e forfeited that person s office or position.

(2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (I) of this subsection shall be ineligible for appointment or election to or employment in a position in the city goyernment for a period of three years thereafter.

SECTION 2.15.

Inquiries and i1n-estigations.

Following the adoption of an authorizing resolution. the city council may make inquiries and i1n-estigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses. administer oaths. take testimony, and require the production of e,idence. Any person who fails or refuses to obey a hmful order issued in the exercise of these powers by the city council shall be punished as may be proYided by ordinance.

SECTION 2.16.

General power and authority of the city council.

Except as otherwise proYided bY law or this charter, the city council shall be Yested with all the powers of goYernment of this city.

SECTION 2.17.

Organizational meetings.

The city council shall hold an organizational meeting at its first meeting in

January of each year. The meeting shall be called to order by the mayor

and the oath of office shall be administered to the newh- 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 win support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the Cnited States of America."

SECTION 2.18.

Regular and special meetings.

(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance.

(b) Special meetings of the city council may be held on call of the mayor or on call of the mayor pro tempore and two members of the city council. !'\otice of such special meetings shall be sen-ed on all other members personally, or by telephone personally, at least 24 hours in ad,,mce of the meeting. Such notice to councilmembers shall not be required if the mayor

GEORGL\ L-\WS 1999 SESSIO~

--t-5il

and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be wai\ed by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a wai\er of notice on am business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting.
(c) .-\.II meetings of the city council shall be public to the extent required by law. and notice to the public of special meetings shall be made as fully as is reasonably possible as prmided by Code Section 50-1--1--1 of the O.C.G..-\.. or other such applicable laws as are or may hereafter be enacted.
SECTION 2.19.
Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the pro,isions of this charter and shall proYide for keeping of a journal of its proceedings, which shall be a public record.
(b) .-\.JI committees and committee chairs of the city council shall be appointed by the mayor and shall sene at the pleasure of the mayor. The mayor shall ha,e the power to appoint new members to any committee at am time.
SECTION 2.20.
Quorum: ,oting.
Four councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. \'oting on the adoption of ordinances shall be by ,oice \'Ote and the ,ote shall be recorded in the journal. but any member of the city council shall haYe the right to request a roll-call rnte and such ,ote shall be recorded in the journal. The affirmathe \"Ote of four councilmembers shall be required for the adoption of any ordinance, resolution, or motion: pro,ided, howeYer, that in meetings in which the quorum is composed of four or fhe councilmembers, the affirmathe ,ote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. The ,ote of ma,or, if the ma,or is entitled to ,ote under the circumstances set forth i11 Section 2.32 of this charter, shall be counted in same manner as the ,ote of a councilmember.
SECTION 2.21.
Ordinance form: procedures.
(a) EYen proposed ordinance should be introduced in writing and in the form required for final adoption.
(b) .-\.11 ordinance may be introduced by any councilmember at a regular or special meeting of the cit\' council. .-\.11 ordinance, or a synopsis of the pertinent prmisions of the ordinance. shall be read by the city clerk. the

45i2 LOC.--\L .--\.1. \'D SPECIAL .--\CTS .-\.'.:D RESOLCTIO::\'S, \'OL. II
citY attorney or assistant citY attorneY, or the maYor or a council member. O,:dinances shall be considered and ;dopted or rejected bY the city council in accordance with the rules \\'hich it shall establish, Cpon enactment 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 2.22.
.--\ction requiring an ordinance,
Acts of the citY council "hich haYe the force and effect of law shall be enacted b, ordinance.
SECTION 2.23.
Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the cit~ council may c01wene on call of the mayor or four councilmembers and may prompth adopt an emergenn ordinance, but such ordinance may not leYy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its sen-ices; 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 plainh designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergenn exists and describing the emergency in clear and specific terms. A.n emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at '"hich it is introduced, but the affirmatiYe YOte of at least four councilmembers shall be required for adoption. It shall become effectiYe upon adoption or at such later time as it may specify. EYery emergency ordinance shall automaticalh' stand repealed 30 days following the date upon which it \\'as adopted. but this shall not pre,ent reenactment of the ordinance in the manner specified in this section if the emergency still exists. .--\n 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.
(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G..--\. or such other applicable laws as are or ma, hereafter be enacted.
SECTION 2.24.
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

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-!5i3

requirements goyerning such adopting ordinance shall be as prescribed for ordinances generally except that: (I) the requirements of subsection (b) of Section 2.21 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 2.25 of this charter.
(b) Copies of any adopted code of technical regulations shall be made aYailable by the clerk for inspection by the public.
SECTION 2.25.
Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted bY. the citY. council.
(b) The city council shall pro,ide for the preparation of a general codification of all the ordinances of the city ha,ing 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 DouglasYille, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made ,n-ailable 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 aYailable 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 currenth in effect and shall be suitable in form for incorp~>ration 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 2.26.
City manager; appointment; qualifications: compensation.
The ci~ council shall appoint a ci~ manager for an indefinite term and shall fix the ci~ manager's compensation. The ci~ manager shall be appointed soleh- on the basis of that person's executi,e and administrathe qualifications.

45i4 LOCAL .-\.".;D SPECIAL .-\CTS .-\.-..:D RESOLL'TIO::-.:S. \'OL. II
SECTION 2.27.
RemoYal of city manager.
The city manager is employed at will and may be summarily remmed from
office at am. time bY. the citY. council.
SECTION 2.28.
Powers and duties of the city manager.
The city manager shall be the chief administratiYe officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city managers charge by or under this charter. .-\s the chief administratiYe officer, the city manager shall:
(I) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remoYe all city employees other than those administratiYe officers appointed by the mayor and city council, except as otherwise proYided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administratiYe officer who is subject to the city manager's direction and supenision to exercise these powers with respect to subordinates in that officers department, office, or agency;
(2) Direct and superYise the administration of all departments, offices, and agencies of the city, except as otherwise prodded by this charter or by law;
(3) Attend all city council meetings, except for closed meetings held for the purposes of deliberating on the appointment, discipline. or remmal of the city manager, and haYe the right to take part in discussion but not ,ote;
(4) See that all laws, proYisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city managers direction and supenision, are faithfully executed;
(5) Prepare and submit the annual operating budget and capital budget to the city council;
(6) Submit to the citY council and make aYailable to the public a complete report on tl1e finances and administratiYe actiYities of the city as of the end of each fiscal year;
(i) '.\fake such other reports as the city council may require concerning the operations of city departments, offices. and agencies subject to the city managers direction and superYision;
(8) Keep the city council fully adYised as to the financial condition and future needs of the city, and make such recommendations to the

GEORGIA L\WS 1999 SESSIO'.'\

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city council concerning the affairs of the city as the citY manager deems desirable; and
(9) Perform other such duties as are specified in this charter or as may be required by the city council.
SECTION 2.29.
Council's interference with administration.
Except for the purpose of inquiries and i1westigations under Section 2.15 of this charter, the city council or its members shall deal with city officers and employees who are su~ject to the direction and supen-ision of the city manager solely through the city manager, and neither the city council nor its members shall gin' orders to any such officer or employee, either publicly or prhately.
SECTION 2.30.
Election of mayor; forfeiture; compensation.
The mayor shall be elected and shall sen-e for a term of four Years and until the ma~or's successor is elected and qualified. The ma~:or shall be a qualified elector of this city and shall haYe been a resident of the city for 12 months prior to the election. The mayor shall continue to reside in this city during the period of the mayor's senice. The mayor shall forfeit the office of mayor 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 2.31.
Chief executhe officer; delegation of powers.
The mayor shall be the chief executhe of this city. The mayor shall possess all of the executhe power granted to the city under the Constitution and laws of the State of Georgia, and all the executhe powers contained in this charter.
SECTION 2.32.
Powers and duties of maYor.
As the chief executiYe of this city, the mayor shall:
( 1) See that all laws and ordinances of the city are faithfully executed;
(2) Recommend to the citY council such measures relatiYe to the affairs of the city, imprmement of the goyernment, and promotion of the welfare of its inhabitants as the mayor may deem expedient;
(3) Call special meetings of the city council as prmided for in subsection (b) of Section 2.18 of this charter;

45i6 LOCAL .-\'.\iD SPECIAL ACTS ...\..'\'.D RESOLCTIO~S. \'OL. II
(4) ApproYe or disapproYe ordinances as proYided in Section 2.33 of this charter;
(5) ProYide for an annual audit of all accounts of the city;
(6) Require any department or agency of the city to submit written reports wheneYer the mayor deems it expedient;
(i) Perform such other duties as may be required by law, this charter, or ordinance;
(8) Preside at meetings of the city council; and
(9) Vote upon matters before the citY council 111 the following circumstances:
(.-\) Cpon the eYent of a tie rnte of the city council upon any ordinance, resolution, question, or matter; or
(B) In elections by the mayor and city council of all appointed officers of the city and upon the election of the members of boards, commissions, and authorities of the city, unless otherwise prohibited by law, eYen though the Yote of the mayor may result in a tie ,ote and the failure to elect any appointed official or member. \\11ere the mayor's ,ote in the election of an appointed official or member causes a tie Yote and results in the failure to elect am person to such office, the mayor shall haYe the power to appoint an; competent person to fill such office until such time as the mayor and city council shall by majority rnte elect a person to fill such office.
SECTION 2.33.
Submission of ordinances to the mayor; Yeto power.
(a) EYery ordinance adopted by the city council shall be presented promptly by the city clerk to the mayor.
(b) The mayor, within seYen calendar days ofreceipt ofan ordinance, shall return it to the city clerk with or without the mayor's approYal or with the mayor's disapprmal. If the ordinance has been apprmed by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither apprmed nor disapproYed, it shall become law at 12:00 ~oon on the seYenth calendar day after its adoption; if the ordinance is disapprmed, the mayor shall submit to the city council through the clerk a \\Titten statement of the reasons for the Yeto. The clerk shall record upon the ordinance the date of its deli\ery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmati,e Yote of fiye members, it shall become law.

GEORGIA L-\WS 1999 SESSIO::\'

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(d) The mayor may disapproYe or reduce any item or items of appropriation in any ordinance "ithin seYen calendar da,s from its adoption. The approYed part or parts of any ordinance making appropriations shall become law, and the part or parts disapproYed shall not become law unless subsequently passed by the councilmembers OYer the mayor's Yeto as proYided in this section. The reduced part or parts shall be presented to the city council as though disapproYed and shall not become law unless oYerridden by the council as proYided in subsection (c) of this section.
SECTION 2.34.
'.'vlayor pro tempore; selection; duties.
By a majority Yote, the citY council shall elect a councilmember to serYe as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and po,rers of the mayor upon the mayor's physical or mental disability or absence. The councilmembers by a majority Yote shall elect a new presiding officer from among its members for any period in ,rhich the mayor pro tempore is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majorin Yote of all councilmembers.
ARTICLE III
.-\D\11::\'ISTR..-\TIYE .-\FF.-\IRS
SECTION 3.10.
.-\dministratiYe and sen-ice departments.
(a) Except as otherwise prmided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leaYe ,acant all nonelectiYe offices, positions of emplonnent, departments, and agencies of the city as necessary for the proper administration of the affairs and gmernment of this city. By means of example and not limitation, the maYor and city council may establish and fill bY appointment the office of police chief, public safety director, personnel director. city engineer, building official, zoning administrator, depun city clerk, director of parks and recreation, sanitation director, and any other office deemed prudent by the mayor and city council.
(b) Except as othendse proYiclecl by this charter or by la\\, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respectiYe administratiYe and professional qualifications.
(c) All appointed officers and directors of departments shall receiYe such compensation as prescribed by ordinance or resolution.
(cl) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and

-1-578 LOCAL A~D SPECIAL .--\CTS ..\..'\iD RESOLCTIO:'\S, \'OL. II
superYision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency.
(e) .--\ll appointed officers and directors under the supenision of the city manager shall be appointed by the mayor and city council. .--\ll appointed officers and directors shall be employees at ,rill and subject to remmal or suspension at any time by the mayor and city council unless otherwise prmided by law or ordinance.
SECTlON 3.11.
Boards. commissions, and authorities.
(a) The citY council shall create by ordinance such boards, commissions, and authorities to fulfill any inYestigatiYe, quasi:judicial, or quasi-legislatiYe function the citY. council deems necessary. and shall bY. ordinance establish the composition, period of existence, duties, and powers thereof.
(b) .--\ll members of boards, commissions, and authorities of the city shall be appointed by the ci~- council for such terms of office and in such manner as shall be proYided hy ordinance, except "here other appointing authority, terms of office, or manner of appointment is prescribed by this charter or bY law.
(c) The ci~- council by ordinance may proYide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authori~.
(d) Except as otherwise proYided by charter or by law, no member of any board, commission, or authori~- shall hold any electiYe office in the city.
(e) .--\m rncancY on a board, commission, or authoritY of the cit\" shall be filled f~r the t111expired term in the manner prescrib~d in this c11arter for original appointment, except as otherwise prodded by this charter or by law.
(f) :'\o member of a board, commission, or authoritY shall assume office until that person has executed and filed "ith the cle1:k of the city an oath obligating that person to perform faithfully and impartially the duties of that person s office, such oath shall be prescribed by ordinance and
administered bY. the maY. or.
(g) .--\.II members of boards, commissions, or authorities of the city sene at will and may be remmed at am time by a ,ote of four members of the ci~ council unless otherwise prodded by law.
(h) Except as otherwise proYided b, this charter or bY law, each board, commission, or authoritY of the cit, shall elect one of its members as chair and one member as ,ice chair c\)1(i" Illa\" elect as its secretary one of its own members or ma\" appoint as secretary ,~n employee of the city. Each board, commission, or authority of the ci~ gmernment may establish such bylaws,

GEORGI.-\ L-\WS 1999 SESSIO.'.'\

-!579

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. attorne,..
The city council and mayor shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall proYide for the payment of such attorney or attorneys for senices rendered to the city. The city attorney shall be responsible for proYiding for the representation and defense of 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 city council as directed; shall adYise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city\ affairs; and shall perform such other duties as may be required by ,irtue of such person s position as city attorney.

SECTION 3.13.

Cit\' clerk.

The city council and mayor shall appoint a city clerk who shall not be a

councilmember.

The

cit\.'

clerk

shall

be

custodian

of

the

official

cit\ ,

seal

and city records; maintain city council records required by this charter: and

perform such other duties as may be required by the city council.

SECTION 3.14.

Position classification and pay plans.

The city manager, with the assistance of the personnel director if the city has established the position of personnel director, shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for appnwal. Such plan maY apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. \\l1en 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 cit\ employees.

SECTION 3.15.

Personnel policies.

.-\II employ..:es serYe at will and may be remmed from office at any time unless otherwise pnwided by ordinance.

-1580 LOCAL .-\..'\D SPECIAL ACTS .-\..'\D RESOLCTIO:':S. \'OL. II
ARTICLE I\'
JLDICIAL BRA,CH
SECTION 4.10.
Creation; name.
There shall be a court to be known as the Municipal Court of the City of DouglasYille .
SECTION 4.11.
Chief judge; associate judge.
(a) The municipal court shall be presided oYer by a chief judge and such associate judges as shall be proYided by ordinance.
(b) :'\o person shall be qualified or eligible to serYe as a judge on the municipal court unless that person shall haYe attained the age of 21 years and shall be a member of the State Bar of Georgia and shall possess all qualifications required bY law. .--\11 judges shall be appointed by the city council and shall serYe until a successor is appointed and qualified.
(c) Compensation of the judges shall be fixed by ordinance or resolution .
(d) Judges serYe at ,rill and may be remmed from office at any time by the city council unless otherwise pro,ided b, ordinance.
(e) Before assuming office, each judge shall take an oath, gi,en by the marnr or citY clerk. that such judge will honestly and faithfully discharge the duties of the office to the best of that person s abilitY and without fear. fayor. or partiality. The oath shall be entered upon the minutes of the citY council journal required in Section 2.19 of this charter.
SECTION 4.12.
ConYening.
The municipal court shall be corl\'ened at regular interrnls as proYided by ordinance or resolution. and the court may meet in special session at the discretion of the presiding judge.
SECTION 4.13.
Jurisdiction: pmrers.
(a) The municipal court shall tn and punish \'iolations of this charter. all city ordinances. and such other \'iolations as proYided by law.
(b) The municipal court shall haYe authority to punish those in its presence for contempt. prodded that such punishment shall not exceed S200.00 or te n da~s in jail.

GEORGI.-\ L-\WS 1999 SESSIO~

-1581

(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of S1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternatiYe sentencing, as now or hereafter proYided bY law.
(d) The municipal court shall haYe authority to establish a schedule offees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound o,er to superior courts for Yiolations of state law.
(e) The municipal court shall ha\"e authority to establish bail and recognizances to ensure the presence of those charged with ,iolations before such court and shall ha,e discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with Yiolations. \-\11eneYer any person shall giYe bail for that person s appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by sening the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the e\"ent 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 haYe a lien against it for the ,alue 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 haYe the same authority as superior courts to compel the production of eYidence 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 ma\.' be sen-ed as executed bY. am. 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 haYe the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. Each judge of the municipal court shall haYe the authority to issue search warrants as proYided by law.
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 Yiolation cases, and

4582 LOC.--\L .--\.."D SPECIAL .--\CTS .--\..'-iD RESOLLTION'S, \'OL. II
such certiorari shall be obtained under the sanction of a judge of the Superior Court of Douglas 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 approYal of the city council, the judge shall ha,e full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; pro,ided, howeYer, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be aYailable for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.
.--\RTICLE \'
ELECTIO:\"S .--\..'\D RE'.\10\'.--\L
SECTION 5.10.
.--\pplicability of general law.
.--\II primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G..--\., the '"Georgia Election Code," as now or hereafter amended.
SECTION 5.11.
Regular elections; time for holding.
(a) There shall be a municipal general election biennially in odd-m1111bered years on the Tuesday next following the first '.\-londay in :'1:member.
(b) There shall be elected the maYor and councilmembers from Districts 4 and 5 at the election held in 1999 and at eYen other election thereafter. The remaining councilmembers seats shall be filled at the election alternating with the first election so that a continuing body is created.
SECTION 5.12.
:\"onpartisan 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 of councilmembers by plurality rnte; election of mayor by majority Yote.
The person receh-ing a plurality of the rntes cast for the office of councilmember shall be elected. The person receiYing the majority of the ,otes cast for the office of n1cn-or shall be elected.

GEORGIA L\WS 1999 SESSIO~

4583

SECTION 5.14.
Special elections; yacancies.
In the eyent that the office of the mayor or a councilmember shall become ,acant as pro,ided in Section 2.12 of this charter, the mayor and city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; pro,ided, howeYer, if such ,acancy occurs within 12 months of the expiration of the term of that office, the mayor and 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 2 of Title 21 of the O.C.G..-\., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.15.
Other prmisions.
Except as otherwise proYided 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 2 of Title 21 of the O .C.G..-\., the "Georgia Election Code."
SECTION 5.16.
Remmal of officers.
(a) The mayor, councilmembers, or other appointed officers pro,ided for in this charter shall be remoYed from office for am one or more of the causes prmided in Title 45 of the O .C.G.A or such other applicable laws as are or ma\' hereafter be enacted.
(b) Remmal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(l) Following a hearing at which an impartial panel shall render a decision. In the e\'ent an elected officer is sought to be remo,ed by the action of the cit\' council, such officer shall be entitled to a written notice specifying the ground or grounds for remo\'al and to a public hearing which shall be held not less than ten days after the sen-ice of such written notice. The city council shall prmide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be remo\'ed from office as prmided in this section shall ha,e the right of appeal from the decision of the city council to the Superior Court of Douglas County. Such appeal shall be goyerned by the same rules as go\'ern appeals to the superior court from the probate court; or
(2) By an order of the Superior Court of Douglas County following a hearing on a complaint seeking such remmal brought by any resident of the City of Douglas\'ille.

--l-:J8--I- LOCAL .-\.,D SPECIAL .-\CTS .-\.\;D RESOLCTIO~S. \'OL. II
ARTICLE \l
FI~A,CE
SECTION 6.10.
Property tax.
The city council may assess, Jew, and collect an ad ,alorem 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 reYenues to defray the costs of operating the city gmernment, of proYiding gmernmental sen-ices, for the repayment of principal and interest on general obligations, and for any other public purpose as determined bY. the cin. council in its discretion.
SECTION 6.11.
\tillage rate; due dates; payment methods.
The city council by ordinance shall establish a millage rate for the cin property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may proYide for the payment of these taxes by installments or in one lump sum. as well as authorize the Yoluntary payment of taxes prior to the time when due.
SECTION 6.12.
Occupation and business taxes.
The city council by ordinance shall ha,e the power to Jeyy such occupation or business taxes as are not denied bY law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as prmided in Section 6.18 of this charter.
SECTION 6.13.
Regulatory fees; permits.
The city council by ordinance shall haYe the power to require businesses or practitioners doing business within this city to obtain a permit for such actiYity from the city and pay a reasonable regulatory fee for such permit as proYicled by general law. Such fees shall reflect the total cost to the city of regulating the acti\'i~ and. if unpaid. shall be collected as proYided in Section 6.18 of this charter.
SECTION 6.14.
Franchises.
(a) The city council shall haYe the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways,

GEORGIA L-\WS 1999 SESSIO:--;

4585

telephone companies, electric companies. electric membership corporations. cable teleYision and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration. terms, whether the same shall be exclusiYe or nonexclushe, and the consideration for such franchises; proYided, howeYer, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receiYes just and adequate compensation therefor. The city council shall proYide for the registration of all franchises with the citY clerk in a registration book kept by the clerk. The city council may pro,ide by ordinance for the registration within a reasonable time of all franchises preYiously granted.
(b) Ifno franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railwaYs, telephone companies. electric companies, electric membership corporations. cable teleYision and other telecommunications companies. gas companies, transportation companies, and other similar organizations.
SECTION 6.15.
Senice charges.
The city council by ordinance shall haYe the pm,er to assess and collect fees. charges. and tolls for sewers, sanitary and health sen-ices. or any other senices proYided or made aYailable within and outside the corporate limits of the citY for the total cost to the city of proYiding or making aYailable such sen-ices. If unpaid, such charges shall be collected as prcwided in Section 6.18 of this charter.
SECTION 6.16.
Special assessments.
The city council by ordinance shall haYe the power to assess and collect the cost of constructing, reconstructing, widening. or improYing any public ,my. 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 prmided in Section 6.18 of this charter.
SECTION 6.17.
Construction; other taxes.
This city shall be empowered to leYy any other tax or fee allowed now or hereafter bY la\\, and the specific mention of anY right. power. or authority in this article shall not be construed c1.s limiting in any ,my the general powers of this city to gmern its local affairs.

-!586 LOC.-\L .-\:\'D SPECL-\L ACTS .-\.'\D RESOLL'TIO:\'S, \'OL. II
SECTION 6.18.
Collection of delinquent taxes and fees.
The city council by ordinance may prmide generally for the collection of delinquent taxes, fees, or other reYenue due the city under Sections 6.10 through 6.17 of this charter by whate,er reasonable means as are not precluded by law. This shall include prmiding 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: reYoking citY permits for failure to pay any city taxes or fees: and pro,iding for the assignment or transfer of tax executions.
SECTION 6.19.
General obligation bonds.
The city council shall h,l\'e the power to issue bonds for the purpose of raising re,enue to carry out any project, program, or Yenture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws gmerning bond issuance by mtmicipalities in effect at the time such issue is unde1 taken.
SECTION 6.20.
Re,enue bonds.
ReYenue bonds ma, be issued bY the citY council as state law now or hereafter prmides. Such bonds ar~ to be paid out of any re,enue produced by the project, program. or Yenture 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 proYided by law.
SECTION 6.22.
Lease-purchase contracts.
The citY may enter into multhear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property. sen-ices, and supplies, proYided the contract terminates without further obligation on the part of the municipality at the close of the calendar ,ear in '"hich it was executed and at the close of each succeeding calendar ~ear for " hich it may be renewed. Contracts must be executed in accordan~e mth the requi1:ements of Code Section 36-60-13 of the O.C.G..-\.. or other such applicable laws as are or may hereafter be enacted.

GEORGI.-\ L\WS 1999 SESSIO~

-1587

SECTION 6.23.
Fiscal Year.
The citv council shall set the fiscal Year bY ordinance. This fiscal Year shall constit~lte the budget year and the ye~r for financial accom;ting and reporting of each and eyery office, department, agency, and actiYity of the city gmernment.
SECTION 6.24.
Preparation of budgets.
The city council shall proYide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget. a capital improYement plan, and a capital budget, including requirements as to the scope, content. and form of such budgets and plans.
SECTION 6.25.
Submission of operating budget to city council.
On or before a date fixed bY. the citv. council but not later than 45 daY. s 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 operating budget may contain items of capital expenditure, or the city manager, in his or her discretion, may also prepare a separate capital budget. The budget may 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 other pertinent comments and information. The operating budget together with any separate capital budget which may be prepared, 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 6.26.
Action by city council on budget.
(a) The city council may amend any operating or capital budget proposed by the city manager, except that a budget as finally amended and adopted must proYide for all expenditures required by state law or by other prmisions of this charter and for all debt sen-ice requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserYes, and reYenues.
(b) The city council by ordinance shall adopt the final operating budget and any separate capital budget for the ensuing fiscal year not later than five days prior to the beginning of the fiscal year. If the city council fails to adopt an operating budget by such date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the

4588 LOCAL .-\..,D SPECIAL ACTS .-\..'\iD RESOLCTIO:'.\;S, \'OL. II
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. ::-.:o appropriation proYided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall hme been accomplished or abandoned. Adoption of a budget shall take the form of an appropriations ordinance setting out the estimated reYenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or actiYity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. After adoption of a budget, the city council may subsequently amend that budget or enact such supplemental budgets as may be necessary.
(c) The amounts set out in the adopted operating budget and any separate capital budget for each organizational unit shall constitute the annual appropriations for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable unless the budget is amended as by la,r proYided.
SECTION 6.27.
Tax leYies.
The cit\' council shall leYy by ordinance such taxes as are necessary. The taxes a{1d tax rates set bY such ordinance shall be such that reasonable estimates of reYenues from such le,y shall at least be sufficient, together with other anticipated reYenues, fund balances, and applicable reserYes, to equal the total amount appropriated for each of the seYeral funds set forth in the annual operating budget for defraying the expenses of the general goYernment of this city.
SECTION 6.28.
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 6.29.
Audits.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal gmernments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be aYailable at printing costs to the public.

GEORGL\ L.-\WS 1999 SESSIO:\'

SECTION 6.30.

Contracting procedures.

:\'o contract with the city shall be binding on the city unless it is in writing and:

(1) Signed by the mayor and authorized by the citY council and such approYal is entered in the city council journal of proceedings pursuant to Section 2.19 of this charter; or

(2) Is a contract wherein the Yalue of the city"s obligation does not exceed Sil.000.00 and is signed by the city manager in compliance with such other restrictions upon his or her authority as the mayor and council shall impose by ordinance.

SECTION 6.31.

Purchasing.

The city council may by ordinance prescribe procedures for a system of centralized purchasing for the city.

SECTION 6.32.

Sale and lease of property.

(a) The city council may sell and cmn-ey or lease any real or personal property owned or held by the city for goYernmental or other purposes as now or hereafter proYided by law.

(b) The citY council may quitclaim any rights it may haYe in property not needed for public purposes upon report by the mayor or 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 monetan ,alue.

(c) Whene,er in opening, extending, or widening any street. aYenue, 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 sell and cmn-eY said

cut-off or sepa;ated parcel or tract of land to an abutting or adjoining

property owner or owners where such sale and conYeYance facilitates the

enjoyment of the highest and best use of the abutting owner's property.

Included in the sales contract shall be a pnwision for the rights of way of

said street, aYenue, alley, or public place. Each abutting property owner

shall be notified of the aYailabilitY of the property and giwn the opportu-

nity to purchase said property under such terms and conditions as set out

by ordinance...\II deeds and comeyances heretofore and hereafter so

executed and deliYered shall cmn-eY all title and interest the citY has in such

,

,

property, notwithstanding the fact that no public sale after adYertisement

was or is hereafter made.

-1590 LOCAL A.:-.:D SPECI.-\L ACTS .-\..'\D RESOLLTIO:'\S, \'OL. II
ARTICLE \11
GE:'\ER-\L PRO\1SIO:'\S
SECTION 7.10.
Bonds for officials.
The officers and employees of this city, both elected and appointed, 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 b, ordinance or as may be proYided by law.
SECTION 7.11.
Prior ordinances.
.-\II ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared ,alid and of full effect and force until amended or repealed by the dty council.
SECTION 7.12.
Existing personnel and officers.
Except as specifically proYided otherwise by this charter, all personnel and officers of this city and their rights, prhileges, and powers shall continue beyond the time this charter takes effect for a period of 365 days before or during which time the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, prhileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13.
Pending matters.
Except as specifically prmided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrati,e proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be proYided by the city council.
SECTION 7.14.
Construction.
(a) Section captions in this charter are informatiYe only and are not to be considered as a part thereof.
(b) The word "shall" is mandatory and the word "may.. is permisshe.
(c) The singular shall include the plural. the masculine shall include the feminine, and ,ice Yersa.

GEORGI.-\ L-\WS 1999 SESSIO:\'

-1591

SECTION 7.15 Submission.
It shall be the duty of the gmerning authority of the City of DouglasYille to require the attorney therefor to submit this .-\ct for approYal pursuant to Section 5 of the federal \'oting Rights .-\ct of 1965, as amended .
SECTION 7.16.
Specific repealer.
.-\n .-\ct to create a new charter for the City of Douglas,-il!e, apprmed \-larch 9, l 9i2 (Ga. L. l 9i2, p. 2119), as amended, is repealed in its entirety.
SECTION 7.17.
General repealer.
.-\II laws and parts of laws in conflict with this .-\ct are repealed.

Operator: local

Client: dougYille

Plan: d,ile99

District :\'o. 1 DOCGL-\S Tract: 0803. Bloc~ 205A,226,229, 230.-\, 231, 313,316,31i,33-1,335,338, 339, 340, 3-11, 342, 3-13, 3-16, 3-!i, i0U, i0i.-\, i0iB, i0iC Tract: 0804. Block: 110.-\, 122.-\ Block: That part of 122B which lies within the corporate limits of the City ofDouglasYille as they existed on December 21, 1998 Tract: 0805.0 I Block: 101.-\ Block: That part of lOlB which lies within the corporate limits of the City of DouglasYille as they existed on December 21, 1998 Tract: 0805.03 Block: That part of -101 and -102B which lies within the corporate limits of the City of Douglas,ille as they existed on December 21, 1998 Block: 501B Block: That part of 50 IC which lies within the corporate limits of the City of DouglaSYille as they existd on December 21. 1998

District :\'o. 2 DOL'GL-\S Tract: 0801.98 Block: That part of 125, 128, 303, 30-1, 30i, -101 , -103, 405,408, 409, 410, 411, -115 which lies within the corporate limits of the City of DouglasYille as the, existed on December 21 , 1998 Block: 501, 502

-1592 LOC.-\L .-\~D SPECIAL .-\CTS .-\.,D RESOLL'TIO~S. \'OL. II
Block: That part of 504 which lies within the corporate limits of the City of DouglasYille as they existed on December 21, 1998 Block: 505,506,507,508,509,510 Block: That part of 511 and 601 which lies ,\'ithin the corporate limits of the City of DouglasYille as they existed on December 21, 1998 Block: 602. 603 Tract: 0802. Block: That part of 411, 412, 413. 501, 502, 503 "hich lies within the corporate limits of the City of DouglasYille as they existed on December 21, 1998 Tract: 0803. Block: 301,302,303,314.327, 328,329,330,331,332,333,348, 349, 350, 401.-\, 516.-\, 519.-\, 519B Block: That part of 519C and 521 which lies within the corporate limits of the City of DouglasYille as they existed on December 21. l 998 Block: 524, 526, 527.-\, 528. 530, 531, 532, 535, 536, 537.-\ Block: That part of 537B which lies within the corporate limits of the CitY of Douglas,ille as they existed on December 21. l 998 Block: 540, 603, 604, 605, 606, 607. 608, 611, 612 Tract: 0806.02 Block: 102 Block Group: 3 Block Group: 4
District ~o. 3 DOL'GL-\S Tract: 0803. Block: 102.-\. 103.-\. 202.-\ Block: That part of 202B which lies \\"ithin the corporate limits of the Cin of DouglasYille as they existed on December 21, 1998 Block: 207.-\ Block: That part of 207B ,rhich lies within the corporate limits of the CitY of Douglasdlle as they existed on December 21, 1998 Block: 208, 209, 210. 21 I. 212.-\, 213, 214, 215, 216. 217,218, 219,220,221.222. 223,224.225, 227,228,232,233,234,235, 236,237,238, 239,240,241.242, 243,304,305,306,307,308, 309. 310, 311, 312, 315, 318, 319,320,321,322,323,324,325, 326, 336, 337, 402.-\, 404.-\, 404B, 405.-\, 411, 412, 525, 529, 534, :'>47
District ~o. 4 DOL'GL-\S Tract: 0803. Block: 344.-\, 344B, 345, 602, 609, 610, 613,614,615, 616, 617, 618, 619, 620, 625 Tract: 0806.01

GEORGI.-\ L\\\'S 1999 SESSIO:'\

4593

Block: l(M.-\ Block: That part of 313.-\ ,rhich lies " ithin the corporate limits of the City of Douglas,ille as they existed on December, 21, 1998 Block: 314
District ~o. 5 DOCGLAS Tract: 0803. Block: 601 Tract: 0805.03 Block: 101, 402.-\, 501.-\, 502, 503, 601.-\ Block: That part of 601C ,rhich lies within the corporate limits of the City of DouglasYille as they existed on December 21, 1998 Block: 602,603,604,605,606,607,608,609, 610.-\, 610B, 610D, 611, 612, 613A, 614, 615, 616.-\ Block: That part of 701 and 801 which lies within the corporate limits of the City of DouglasYille as they existed on December 21, 1998 Tract: 0805.04 Block: That part of 301 which lies within the corporate limits of the City of DouglasYille as they existed on December 21, 1998 Tract: 0806.01 Block: 101.-\, 10 lB, l 02.-\, 103.-\ Block: That part of 108, 109.-\, 109B, 301 which lies within the corporate limits of the City of DouglasYille as they existed on December 21, 1998 Block: 302.-\ Block: That part of 302B, 303 which lies within the corporate limits of the City of DouglasYille as they existed on December 21, 1998 Block: 304.-\, 304B, 305.-\, 305B, 305C, 305D Block: That part of 305E which lies within the corporate limits of the City ofDouglasYille as they existed on December 21, 1998 Block: 305F Block: That part of 305G, 305H, 305K which lies within the corporate limits of the City of DouglasYille as they existed on December 21, 1998 Block: 306, 310.-\, Block: That part of 310B which lies within the corporate limits of the City of Douglas,ille as they existed on December, 21, 1998 Block: 31 lA, 315A, 315B, 316, 317, 318.-\

-159--1 LOC.--\L .--\..'.;-D SPECI.--\L .--\CTS .--\..'\D RESOLL'TIO:'\S, \'OL. II
:\'OTICE OF l:\'TE.'.\TIO:\' TO I:\'TRODL'CE LOC.--\L LEGISL\.TIO:\'
:\'otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .--\ct creating a new charter for the City ofDouglasYille. apprmed Ylarch 9, 19i2 (Ga. L. 1972, p. 2119). as amended; to repeal conflicting laws; and for other purposes.
This 23rd day of FebruarY, 1999.
Honorable Bob Snelling RepresentatiYe, 99th District
GEORGI.--\, Fl'LTO:\' COL':'\TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Snelling, who on oath deposes and says that he is the RepresentatiYe from the 99th District and further deposes and says as follows:
(1) That the attached :\'otice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County on the following date: February 25, 1999.
(2) Thal the laws requiring notice of local legislation were further complied with in the manner checked below:
.L .--\ copy of the notice of intention "as mailed, transmitted by facsimile, or otherwise proYided to the gmerning authority of any county, municipality, or consolidated gcwernment whose charter or enabling .--\ct is amended, as required bY subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the gmerning authority of the affected county. municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apph- because the bill does not amend the charter of a municipality or the enabling .--\ct of a county or consolidated gmernment or the bill affects a local school system.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published. as required by Code Section 28-1-14.1.
s/ BOB S:\'ELLI.'.\G Representatiw, 99th District
Sworn to and subscribed before me, this 5th da\' of March, 1999.

GEORGI.-\ L-\WS 1999 SESSIO:\'
s/ TERESA ...\DKI:\'S '.\:otary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL)
ApproYed April 16, 1999.

4595

JASPER COC:!\:TYW.-\TER .-\:\'D SEWER ACTHORITY- CREA.TIO:\'.
:\'o. 216 (House Bill :\'o. 9i2).
A, .-\CT
To create the Jasper County Water and Sewer Authority; to proYide for definitions; to pro,ide for the appointment of members of the board; to proYide for organization and rules; to proYide for Yacancies; to proYide for powers and duties; to proYide for financing of projects; to proYide for reYenue bonds; to proYide for trust indentures and sinking funds; to proYide for jurisdiction, Yenue, and remedies; to proYide for Yalidation; to proYide for certain trust funds; to proYide for audits; to pro,ide for certain tax exemptions; to proYide for supplemental powers; to proYide for other matters; to repeal conflicting laws; and for other purposes.
BE IT E'.\:ACTED BY THE GE:!\:ERAL ASSEMBLY OF GEORGIA:
SECTION I.
Creation of the authority; membership.
(a) There is created a body corporate and politic, to be known as the Jasper County Water and Sewer Authority, which shall be deemed to be 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, except that the authority or the trustee acting under any trust indenture shall in no eYent be liable for any torts committed by its officers, agents, or employees.
(b) The authoril\ shall consist of nine members. The board of commissioners ofJasper County shall appoint the members of the authority, each of whom shall reside in Jasper County. The board of commissioners of Jasper 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 three of the initial members for initial terms of one year; with subsequent appointments for terms of office of three years. \'acancies shall be filled for an unexpired term by the board of commissioners ofJasper County. Any authoril\ member who is conYicted of a felom shall be remoYed from the authori~ upon the date of conYiction, regardless of appeal processes. A majority of the members shall constitute a quorum and a majority may act for the authority in any matter. :\'o rncancy shall impair the power of the

4596 LOCAL A.'-:D SPECIAL ACTS A.'.\'D RESOLCTIO:NS, \'OL. II
authority to act. The authority shall elect one of its members as chairperson and another member as Yice chairperson. It shall also elect a secretary and treasurer who does not necessarih- haYe to be a member of the authority and who, if not a member, shall h~Ye no rnting rights. The members of th~ authority shall sene without compensation. The authority ma\' make rules and regulations and adopt bylaws for its own goyernment. It shall haYe perpetual existence.
SECTION 2.
Definitions.
As used in this Act, the term:
(1) "Authority" means the Jasper County Water and Sewer Authority created b\' Section I of this Act.
(2) "Cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all 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, administratiYe expenses, and such other expenses as may be 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 a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of reYenue bonds issued under the pro,isions of this Act for such project.
(3) "Project" means and includes the acquisition and construction of systems, plants, works, instrumentalities, and properties: (.-\) used or useful in connection with the obtaining of a water supply and the conserYation, treatment, distribution, and sale of water for public and prirnte uses; or (B) used or useful in connection with the collection, treatment, and disposal of sewage and like waste water; 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, reser\'oirs, generating stations, sewage disposal plants, intercepting sewers, trunk, connecting, and other sewers and ,rnter mains, filtration works, pumping stations, and equipment.
(4) "ReYenue bonds" and "bonds" mean reYenue bonds authorized to be issued pursuant to this Act.

GEORGL-\ L-\WS 1999 SESSIO:'\'

4597

(5) ..Self-liquidating.. means that the re,enues and earnings to be deriYed by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of operating, maintaining, repairing, improYing, and extending the project and to pay the principal and interest of the re,enue bonds which may be issued for the cost of such project or projects.
SECTION 3.
Powers.
The authority shall ha,e the following powers:
(1) To haYe 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 eYery 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 proYisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or comenient 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 adYantage of the authority. The authority shall be under no obligation to accept and pay for any property condemned under this Act except from the funds proYided under the authority of this .-\ct, and in any proceedings to condemn, such orders may be made by the court haYing jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; proYided, howeYer, that the power of eminent domain shall not be exercised outside the limits of Jasper County;
(4) To enter into an agreement with the goyerning authority ofJasper County and any municipalities therein, with respect to acquiring a source of water supply, proYiding sewerage serYice, 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, prO\iding for the testing and inspection of facilities constructed, proYiding for rates to be charged for water and sewerage senices furnished to users of the system, prO\iding 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, proYiding for the ownership of the Yarious facilities constructed or acquired, and proYiding for such other matters or

4598 LOCAL A.'\lD SPECIAL .--\CTS .-\.'\D RESOLLTIONS, \'OL. II
contingencies as might be necessary or desirable in order to secure for Jasper County a satisfactory and reliable water and sewerage system at the most reasonable cost possible;
(5) To appoint, select, and employ such officers, agents, and employees as shall be necessary in the judgment of the authority to accomplish the purposes of the authority, including engineering, architectural, and construction experts, fiscal agents, and attorneys; to fix their respecti\e compensation; and to proYide for pension and retirement plans for these officers, agents, and employees; pro,ided, howeYer, that any contract for the design of a sewerage system shall contain a proYision ensuring proper supenision and inspection of the installation of the system, either by agreeing with the design engineer to superYise and inspect the installation or by agreeing that the supenision and inspection shall be performed by another engineer not associated with any contractor or subcontractor responsible for installing the system. The authority may require bond of any person handling funds of the authority;
(6) To make contracts and leases and to execute all instruments necessary or c01wenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which the authority causes to be erected or acquired. .--\ny and all persons, firms, and corporations and any and all consolidated goYernments, political subdhisions, 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 adYisable. Without limiting the generality of the foregoing proYisions of this paragraph, authority is specifically granted to consolidated gmernments, municipal corporations, and counties and to the authority to enter into contracts, lease agreements, or other undertakings relatiYe to the furnishing of water or sewerage ser\"ice and facilities, or both, by the authority to such consolidated goYernments, municipal corporations, and counties and by such consolidated goyernments, municipal corporations, and counties to the authority for a term not exceeding 50 years. As to any consolidated goYernment, political subdhision, department, institution, or agency of this state which shall enter into an agreement under the authority granted in this paragraph or in paragraph (4) of this section, the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be pledged;
(7) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improYe, equip, operate, and manage projects, as defined in paragraph (3) of this section, the cost of any such project to be paid in whole or in part from the proceeds of reYenne bonds of the authority or from such proceeds and any grant from the Cnited States of America or any agency or instrumentality thereof or from the State

GEORGI.-\ L\WS 1999 SESSIO'.\

4599

of Georgia or any agency, instrumentality, consolidated goYernment, or political subdiYision thereof;
(8) To make loans with and accept grants of money or materials or property of any kind from the C nited States of America or any agency or instrumentality thereof upon such terms and conditions as the Cnited States of America or such agency or instrumentality ma\" impose;
(9) To make loans with and accept grants of money, materials, or property of any kind from the State of Georgia or any agency, instrumentality, consolidated goYernment, or political subdiYision thereof upon such terms and conditions as the State of Georgia or such agency, instrumentality, consolidated goyernment, or political subdhision may impose;
(10) To borrow money for any of the authority's corporate purposes and to issue negotiable reYenue bonds payable solely from funds pledged for that purpose and to proYide for the pannent of the same and for the rights of the holders thereof;
(11) To exercise any power usually possessed by prhate corporations performing similar functions, including the power to make short-term loans and to approYe, execute, deliYer, or accept appropriate eYidence of any such indebtedness; proYided, howeYer, that no such power is in conflict with the Constitution or general laws of this state;
(12) The authority and any trustee acting under any trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power might be limited as prmided elsewhere in this ..\ct;
(13) Except as otherwise proYided in this ..\ct, the authority may exercise any of its powers or proYide any of its sen-ices inside the boundaries of any local goYernment within Jasper County and, when authorized by contract with the goYerning authority thereof, within the limits of another municipality or county;
(14) The authority shall further haYe full and plenary power and duty to make and enforce rules and regulations for the management and operation of the water and sewerage systems which now exist and as hereafter added to, extended, or improYed by any project or projects constructed under the proYisions of this .-\ct; to prescribe, fix, and collect rates, fees, tolls, or charges and to reYise from time to time and collect such rates, fees, tolls, or charges for the senices, facilities, or commodities furnished; and, in anticipation of the collection of the re,enues of such undertaking or project, to issue re,enue bonds as

4600 LOCAL .-\.'\'D SPECIAL ACTS .-\.,D RESOLCTIO~S. \'OL. II
proYided in this .-\ct to finance in whole or in part the acquisition, construction, reconstruction, improYement, betterment, or extension of the water and sewerage systems: and to pledge to the punctual payment of the bonds and interest thereon. all or any part of the reYenues of such undertaking or project, including the reYenues of improYements. betterments, or extensions thereto: and to classifr and differentiate such rates, fees, tolls, or charges in any reasonable manner, including, but not limited to, small, intermediate and large consumers and industrial, commercial, and residential consumers and, with respect to sewer rates, according to the amount of suspended solids and the biological oxygen demand of sewerage users. Additionally, and not in limitation of the foregoing, the authority, in fixing water or sewerage rates, or both, shall be fully authorized and empowered to comply with any state or federal Acts and any la\\ful regulations adopted pursuant to any such .-\ct. .-\s a limitation of the power of the authority, howeYer, if at any time there are issued and outstanding reYenue bonds for the payment of which the reYenues of the authority are pledged, the authority shall make no decrease in rates for water and sewer sen-ice which will in any way impair the obligations contained in the rnenue bonds:
(15) The authority shall further ha,e the power to acquire insurance for its property, its authority members. and its officers and employees, including but not limited to fire, wind, storm, extended coYerage insurance, and Yehicular liabilitY insurance: all other types of liability insurance: casualty insurance, fidelity insurance, comprehenshe insurance, public officials' liability insurance. general public liability insurance coYering all hazards, group life insurance. group accident insurance, group health insurance, group hospitalization insurance. group medical insurance, or any combination thereof: together with any and all other types of insurance on its property. officers, authority members, and employees as the authority in its judgment and discretion deems meet and proper in the conduct of its business: and on such terms and conditions and in such amounts as the authority deems appropriate in its judgment and discretion: and with the payment of premiums and charges therefor. together with any other costs incident thereto, to be paid in whole or in part by the authority and out of the general funds of the authoritY as the authority may determine:
(16) The authority is further authorized and empowered to adopt rules and regulations proYiding for the suspension of senice to delinquent customers. The authority, through its executiYe director. or such other employees as the authority designates, shall ba,e the right and power to issue executions for any past due charges, which executions 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 ha,ing the same attributes. rights, and powers as to

GEORGI.-.\ L.\WS 1999 SESSIO~

4601

collection and foreclosure thereof as an execution for unpaid ad Yalorem taxes of the State of Georgia or the County of Jasper; proYided, howeYer, that no such lien shall exist as to third parties until execution therefor shall haYe been issued by the authority and placed upon the general execution docket of the Superior Court of Jasper County. In the eYent that sewerage sen-ice is discontinued pursuant to this section, the appropriate health authorities shall be immediately notified;
(17) The authority shall further haYe the right and power to purchase, install, construct, repair, and replace fire hydrants on public property, together with all needful and necessary accessories and adjuncts thereto, in connection with existing or new water lines or mains of the authority and to defray and pay for any part or all of the cost and expense thereof, labor, material, and otherwise, utilizing any aYailable funds of the authority therefor;
(18) The authority is authorized to:
(.-.\) Qualify, apply for, and obtain a license or permit, knmm as a '.'\ational Pollution Discharge Elimination System (~.P.D.E.S.) permit, or monetary grants for the collection, treatment, and discharge of waste waters pursuant to the pro,isions of the Federal v\'ater Pollution Control .-.\ct, as amended (33 C.S.C. Section 1251, et seq.), and .-.\rticle 2 of Chapter 5 of Title 12 of the O.C.G..-.\., the ..Georgia Water Quality Control .-.\ct," as amended, and the respectiYe regulations adopted pursuant thereto;
(B) By regulations proYide for the adoption, promulgation, administration, setting of standards and proYisions for regulating, enforcing, amending, monitoring, and compelling compliance with the terms, conditions, and proYisions of a pretreatment program pertaining to the pretreatment of industrial waste-water effluent that is to be deliYered into the authority's sewerage system and is to be treated by the waste-water treatment facilities of such authority, which pretreatment program shall include and comply with all requirements and proYisions applicable thereto as set forth in both the Federal Water Pollution Control Act, as amended (33 C.S.C. Section 1251 et seq.), and Article 2 of Chapter 5 of Title 12 of the O.C.G..-.\., the "Georgia Water Quality Control Act," as amended, and the respectiYe regulations thereto; and additional restrictions that are required in order to allow the authority to comply with its ~.P.D.E.S. permit; proYided, howeYer, that any regulations issued subsequent to the initial regulations issued pursuant to the authority in this .-.\ct or any amendment to such initial regulation shall not go into effect until notice thereof has been adYertised in the official organ ofJasper County at least twice, not later than 15 days prior to the effectiYe date thereof, and until an opportunity for interested

4602 LOCAL .--\'.'\D SPECI.-\L .--\CTS A..'\D RESOLL"TIO'.'\S, \'OL. II
parties to be heard thereon has been proYided at least fiye daYs before such effectiYe date;
(C) Make application to the Superior Court of Jasper County. Georgia, for injunctiYe relief against any person who has engaged in or is about to engage in any act or practice which constitutes or will constitute a Yiolation of any proYision of such pretreatment regulations by seeking an order enjoining and restraining such act or practice. l"pon a showing by the authority that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary i1tjunction, restraining order. or other order shall be granted without the necessity of showing a lack of adequate remedy at law;
(D) To proYide that any person, firm, or corporation that fails to comply with any of the pretreatment standards or requirements set forth in such pretreatment regulations shall be liable to ciYil penalty not to exceed Sl.000.00 per day for each day during which such noncompliance continues. The executhe director of the authority, or such other employee the authority designates, after a hearing shall determine whether or not any such person is in noncompliance of any such standard or requirement and may, upon a proper finding, issue his or her order imposing such chil penalties as proYided in this .-\ct. .--\ny person so penalized is entitled to judicial reYiew. In this connection, all hearings and proceedings for judicial reYiew shall be in accordance with Code Section 50-13-19 of the O.C.G.A. and Yenue shall be in the Superior Court ofJasper County. All penalties recoYered by the executi,e director shall be paid into the general treasury of the authority and to the credit of its general fund;
(E) In any instance of an emergency. " here there is a ,iolation of a regulation of the pretreatment program of the authority or where a condition exists which presently causes or where the continuance of which causes (i) a present danger to the life or health of persons or (ii) is permanently and seriously damaging water or waste-water treatment equipment or facilities, the executiYe director, or such employee as the authority designates, is authorized to immediately terminate water or sewer senice, or both, as is necessary to stop and eliminate such danger or damage; and
(F) l"pon the issuance of any order assessing a chil penalty and after the expiration of 30 days following the date of any such order. with no appeal taken as pro,ided in Code Section 50-13-19 of the O.C.G.A., the authority, through and by its executiYe director, or such other employee as the authority designates, shall haYe the right and power to issue executions on any such order assessing a ciYil penalty, and, in the amount thereof, such execution shall be a lien upon and against the land and other properties of the assessed party

GEORGI.-\ L\WS 1999 SESSIO:\'

4603

which lien shall be of equal priority. rank, and dignity haYing the same attributes, rights, and powers as to collection and foreclosure thereof as an execution for unpaid ad ,alorem taxes of the State of Georgia or the County ofJasper: and
(19) To do all things necessary or c01wenient to carry out the powers expressly ghen in this .-\ct.
SECTION 4.
Financing projects.
The authoritY, or am authoritY or boch which has or which maY in the future succeed to the powers, duties, and liabilities ,ested in the ,{uthority created in this .\ct, shall haYe power and is authorized at one time, or from time to time. to borrow money for the purpose of paying all or any part of the cost. as defined in this .-\ct. of any one or more projects and to proYide by resolution for the issuance of negotiable reYenue bonds for that purpose. The principal and interest of such re,enue bonds shall be payable solely from the special fund prmided in this section for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not to exceed the maximum limit prescribed in Chapter 82 of Title 36 of the O.C.G..\., the Re,enue Bond Law, as now or hereafter amended, shall be payable semiannually. 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 prmiding for the issuance of the bonds.
SECTION 5.
ReYenue 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 proYision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.
SECTION 6.
ReYenue bonds: signatures: seal.
.-\11 such bonds shall bear the manual or facsimile signature of the chairperson of the authority and the attesting manual or facsimile signature of the secretan of the authorit\. and the official seal of the authoritY shall be affixed th~reto. The signature of one of such officers shall b~

4604 LOCAL A..'-:D SPECIAL ACTS AXD RESOLCTIO:\:S. \'OL. II
placed manually on each bond. Any coupons attached thereto shall bear the manual or facsimile signature of the chairperson or the secretary of the authority. Any coupon may bear the facsimile signature of such person and any bond may bear the facsimile signature of and may be manually signed, sealed, and attested to on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duh authorized or hold the proper office, although at the date of such bonds such persons may not haYe been so authorized or shall not haYe held such office. In case am officer \\hose signature shall appear on anY bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the deliYery of such bonds, such signature shall neYertheless be Yalid and sufficient for all purposes the same as if he or she had remained in office until such deliYerY.
SECTION 7.
ReYenue bonds: negotiability: exemption from taxation.
All reYenue bonds issued under the proYisions of this .\ct shall haYe all the qualities and incidents of negotiable instruments under the la\\s of the State of Georgia pertaining to negotiable instruments. Such bonds are declared to be issued for essential public and goYernmental purposes, and the bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state.
SECTION 8.
ReYenue bonds: 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 9.
ReYenue bonds: 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 proYided in the resolution authorizing the issuance of the bonds or in any trust indenture, additional bonds may in like manner be issued to proYide the amount of any deficit which, unless othen\'ise prmided for in the resolution authorizing the issuance of the bonds or in aiw trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund " ithout 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 proYided for in this .\ct to be used for paying the principal of and the interest on such bonds.

GEORGI.-\. L-\WS 1999 SESSI01'

4605

SECTION 10.
ReYenue bonds; interim receipts and certificates or temporary bonds.
Prior to the preparation of definitiYe bonds, the authoritY maY, under like restrictions, issue interim receipts, interim certificate~. 01: temporary bonds, with or without coupons, exchangeable for definiti\e bonds upon the issuance of the latter.
SECTION 11.
Re,enue bonds; replacement of lost or mutilated bonds.
The authority may also pro,ide for the replacement of any bond which shall become mutilated or be destroYed or lost.
SECTION 12.
ReYenue bonds; conditions precedent to issue; object of issue.
Such reYenue 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 .-\ct. In the discretion of the authority, reYenue bonds of a single issue may be issued for the purpose of any particular project. .-\ny resolution proYiding for the issuance of reYenue bonds under the pro,isions of this .-\ct shall become effectiYe immediately upon its passage and need not be published or posted, and any such resolutions may be passed at any regular, special, or acljourned meeting of the authority by a majority of the quorum as proYided in this .-\ct.
SECTION 13.
ReYenue bonds; credit not pledged; special power of contract.
ReYenue bonds issued under the prO\isions of this .-\ct shall not be deemed to constitute a debt ofJasper County or a pledge of the faith and credit of the county, but the bonds shall be payable solely from the fund proYided for in this .-\ct, and the issuance of such reYenue bonds shall not directly, indirectly, or contingently obligate the county to leYy or to pledge any form of taxation whateYer therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face coYering substantially the foregoing proYisions of this section; proYided, howeyer, that the goYerning authority ofjasper County is authorized to contract with the authority for any of the undertakings authorized in this Act. Such county may in connection therewith.jointly or se,erally, use any funds from any lawful source or from the proceeds of the issue and sale of bonds for such purpose.

4606 LOCAL A..r-,m SPECIAL ACTS A.1\iD RESOLLTIO~S. \'OL. II
SECTION 14.
Revenue bonds; 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 power of a trust company. Such trust indenture may pledge or assign fees, tolls, charges, re,em1es, and earnings to be received by the authority. Either the resolution providing for the issuance of re,enue 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 la,r, 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 proYide that any project shall be constructed and paid for under the supen-ision and apprornl of consulting engineers or architects employed or designated by the authority who are satisfactory to the original purchasers of the bonds issued therefor; and may also require that the security giYen by contractors and by any depository of the proceeds of the bonds or reYenues or any other moneys be satisfactory to such purchasers, and may also contain pro,isions concerning the conditions, if any, upon which additional re,enue bonds may be issued. It shall be la\\ful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemni~ing 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 customan in trust indentures securing bonds and debentures of priYate 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 bondholder. 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.
Re,enue bonds; to whom proceeds of bonds shall be paid.
The authority shall, in the resolution providing for th.e issuance of revenue bonds or in any trust indenture, prmide 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 bonds 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.

GEORGIA LAWS 1999 SESSION

4607

SECTION 16.
ReYenue bonds; sinking fund.
The reYenues, fees, tolls, charges, and earnings deri,ed from any particular project or projects, regardless of whether or not such fees, tolls, charges, earnings, and re,enues were produced by a particular project for which bonds haYe been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal of and interest on reYenue bonds of the authoritY as the resolution authorizing the issuance of the bonds or in the trust instrument may proYide, and such funds so pledged from whateYer source recehed, which pledge may include funds receiYed from one or more or all sources, shall be set aside at regular intenals as may be proYided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payments of:
(I) The interest on such re,enue 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 proYided in this section.
The use and disposition of such sinking fund shall be subject to such regulations as may be proYided in the resolution authorizing the issuance of the re,enue bonds or in any trust indenture, but, except as may otherwise be proYided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all reYenue bonds without distinction or priority of one OYer another. Subject to the proYisions 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 17.
ReYenue bonds; remedies of bondholders.
Any holder of reYenue bonds issued under the proYisions 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 prmided for in this Act may be restricted by resolution passed before the issuance of the bonds or by any trust indenture, may, either at law or in equity, by 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

4608 LOCAL .-\....'-iD SPECIAL ACTS .-\....'-iD RESOLCTIO:\'S, \'OL. II
indenture to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of reYenues, fees, tolls, and other charges for the use of the facilities and sen-ices furnished.
SECTION 18.
ReYenue bonds; refunding bonds.
The authority is authorized to pro,ide bY resolution for the issue of reYenue refunding bonds of the authority for the purpose of refunding any re,enue bonds issued under the proYisions of this ..\ct and then outstanding, together with accrued interest thereon. The issuance of such re,enue 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 goYerned by the foregoing proYisions of this Act insofar as the same may be applicable.
SECTION 19.
Re,enue bonds; jurisdiction and \'enue.
Any action to protect or enforce any rights under the pro,isions of this .-\ct or any suit or action against such authority shall be brought in the Superior Court ofjasper County, Georgia, and any action pertaining to \'alidation of any bonds issued under the pro,isions of this .-\ct shall like\\ise be brought in such court which shall haYe exclusi\'e, original jurisdiction of such actions; proYided, howeYer, that the Yenue of any action against the authority shall be in the superior court of the county in which the power of the authority is exercised or senices are proYided by the authority if the act gi,ing rise to such action is committed within such county.
SECTION 20.
ReYenue bonds; Yalidation.
Bonds of the authorit\ shall be confirmed and rnlidated in accordance with the procedure of Ch~pter 82 of Title 36 of the O.C.G..-\., the .. ReYenue Bond Law," as now or hereafter amended. The petition for Yalidation shall also make defendant to such action any consolidated gmernment, nmnicipality, county, authority, subdiYision, or instrumentality of the State of Georgia which has contracted with the authority to furnish or receiYe the sen-ices and facilities of the water and sewerage system for which bonds are to be issued and sought to be Yalidated, and such consolidated gmernment, municipality, county, authority, subdiYision, 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 ,alidit\ 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 Yalidated, and the judgment ofyaJidation, shall be final and conclusiYe with respect to such bonds against the authority

GEORGIA L--\WS 1999 SESSIO'.',;

4609

issuing the same and any municipality, county, authority, subdiYision, or instrumentality contracting \\"ith the authority.
SECTION 21.
ReYenue bonds; interest of bondholders protected.
\,\l1ile 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 adYerseh- the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority " ill be created ''"hich will compete with the authority to such an extent as to affect adYerselY the interests and rights of the holders of such bonds. The proYisions of this .-\ct shall be for the benefit of the authorit,. and the holders of am. such bonds and, upon the issuance of bonds under the proYisions hereof, shall constitute a contract with the holders of such bonds.
SECTION 22.
\loneYs receiYed considered trust funds .
.-\II moneys recei,ed pursuant to the authority of this .-\ct, whether as proceeds from the sale of re,enue bonds, as proceeds of short-term loans, as grants or other contributions, or as reYenues, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as proYided in this .-\ct.
SECTION 23.
Tax-exempt status of the authority.
The properties of the authority, both real and personal, are declared to be public properties used for the benefit and ''"elfare of the people of the State of Georgia and not for purposes of priYate or corporate benefit and income. and such properties and the authority shall be exempt from all taxes and special assessments of any consolidated goYernment, city, county, or the state or any political subdiYision thereof.
SECTION 24.
Powers declared supplemental and additional.
The foregoing sections of this .-\ct shall be deemed to proYide an additional and alternatiYe method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to pm\"ers conferred by other laws and shall not be regarded as in derogation of any po"ers now existing.
SECTION 25.
Repealer.
.-\II la\\s and parts of laws in conflict with this .-\ct are repealed.

4610 LOCAL .-\.~D SPECIAL ACTS .-\.'\D RESOLCTIO:\S, \'OL. II
:\OTICE OF I:\TE:\TIO:\ TOl:\TRODCCE
LOCAL LEGISLUIO:\
:\otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to create the Jasper County Water and Sewerage Authority; to proYide for the membership, powers, and duties of the authority; to proYide for the issuance of bonds and obligations; to proYide for practices and procedures; and for other purposes.
This 22nd day of February, 1999.
Curtis S. Jenkins RepresentatiYe 110 Disuict
GEORGIA, FCLTO!\' COL":\TY
Persm1ally appeared before me, the undersigned authority, duly authorized to administer oaths, Curtis Jenkins, who on oath deposes and says that he is the RepresentatiYe from the 110th District and further deposes and says as follows:
(1) That the attached :\otice of Intention to Introduce Local Legislation was published in the \-lonticello :\ews which is the official organ ofJasper County on the following date: February 25, 1999.
(2) That the Ia,rs requiring notice of local legislation were further complied with in the manner checked below:
_ .--\ copy of the notice of intention was mailed, transmitted by facsimile, or othen\"ise proYided to the goyerning authority of any county, municipality, or consolidated goYernment whose charter or enabling .--\ct is amended, as required by subsection (b) of Code Section 28-1-1-1.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill was requested by resolution or other written notification of the gmerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill does not amend the charter of a municipality or the enabling .--\ct of a county or consolidated goYernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goyerning authority ,rithin which the area proposed to be annexed is located at the time the notice ,ms published,

GEORGIA L\WS 1999 SESSIO:'\

-1611

as required by Code Section 28-1-1-!. l.
s/ CCRTIS S. JE:'\KI:'\S RepresentatiYe, 110th District
Sworn to and subscribed before me, this 1st day of \farch, 1999.
s/ TERESA .-\DKI:'\S :'\otary Public, Clayton County, Georgia \.ly Commission Expires Jan. 5, 2001 (SEAL)
.-\pproYed April 16, 1999.

\-1O:'\ROE COC:'\TY - CORO:'\ER; CO!'\IPE:'\S.-\TIO:'\.

:'\o. 21 i (House Bill :'\o. 9i3) .

.-\., .-\CT

To amend an Act entitled ".-\n .-\ct to abolish the present mode of compensating the coroner of \fonroe County, approYed April 4, 196i (Ga. L. 196i, p. 2599), as amended, particularly by an .-\ct approYed \.larch 2i, 1998 (Ga. L. 1998, p. 382i), so as to change the compensation of the coroner; to proYide for a cost-of-li,ing salary increase; to repeal conflicting laws; and for other purposes.

BE IT E:'\ACTED BY THE GE:'\ER-\L .-\SSE\IBLY OF GEORGI.-\:

SECTION 1.

An .-\ct entitled "An Act to abolish the present mode of compensating the coroner of \fonroe County, .. apprmed April-!, l 96i (Ga. L. l 96i, p. 2599), as amended, particularly by an .-\ct apprmed \larch 2i, 1998 (Ga. L. 1998, p. 382i), is amended by striking Section 2 of such .-\ct and inserting in lieu thereof the following:

sECTIO;'; 2.

The coroner shall recei,e an annual salary ofS6,000.00, payable in equal

monthlY. installments from the funds of \lonroe Count\.'. \,\l1en the gmerning authority of \.lonroe County grants a cost-of-lh-ing increase in

the compensation of county employees, the percentage by which the

compensation of county emploYees is increased shall be applied to the

then current salan- of the coroner, and the salan- of the coroner shall be

increased by such ,werage percentage.



SECTION 2.

This .-\ct shall become effecti,e on the first day of the month following the month in which it is apprmed by the GoYernor or in which it becomes law without such apprmal.

-1612 LOCAL .-\.'\D SPECIAL .-\CTS .-\.--.;D RESOLCTIO:\'S. \'OL. II
SECTION 3.
.-\II hn\'s and parts of laws in conflict with this .--\ct are repealed.
:\'OTICE OF l:\'TE:\'TIO:\' TOl:\'TRODCCE
LOC.-\L LEGISL\TIO:\'
:\'otice is gi\'en that there will be introduced at the regular 1999 Session of the General .--\ssembl\' of Georgia a bill to amend an .--\ct entitled ".-\n .--\ct to abolish the present mode of compensating the coroner of \lonroe County." appro\'ed .--\pril 4, 1967 (Ga. L. 1967, p. 2599), as amended. particularly by an .--\ct appro\'ed \ larch 27, 1998 (Ga. L. 1998, p. 3827); and for other purposes.
This 19th day of Februan, 1999.
/ s/ Curtis S. Jenkins Honorable Curtis Jenkins Representati\'e, District 110
GEORGI.-\. Fl'LTO:\' COL':\'T\'
Personally appeared before me. the undersigned authority. duly authorized to administer oaths. Curtis Jenkins, ,\'ho on oath deposes and says that he is the Representati\'e from the 110th District and further deposes and sa\'s as follm\'s:
( 1) That the attached :\'otice of Intention to Introduce Local Legislation "as published in the \lonroe Count\' Reporter which is the official organ of \fonroe Count\' on the following date: February 24. 1999.
(2) That the la\\s requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed. transmitted by facsimile. or otherwise pro\'ided to the go\'erning authority of any county. municipality. or consolidated go\'ernment whose charter or enabling .-\ct is amended. as required by subsection (b) of Code Section 28-1-1-1.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other \\Titten notification of the gcwerning authority of the affected county, municipality. or consolidated go\'ernment and a copy of such resolution or other \\Titten notification is attached hereto.
..L The notice requirement of subsection (b) of Code Section 28-1-14 does not apph because the bill does not amend the charter of a municipality or the enabling .--\ct of a county or consolidated gmernment or the bill affects a local school SYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill is an annexation bill and a copy of the bill

GEORGI.-\ L-\\\'S 1999 SESSIO'.':

-1613

was proYided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-1.1.
s/ CCRTIS S. JE'.':Kl:'\S RepresentatiYe, I 10th District
Sworn to and subscribed before me, this 1st day of \larch. 1999.
s/ TERES.-\ .-\DKl:'\S :'\otary Public. Clayton County, Georgia \-ly Commission Expires Jan. 5. 200 I (SE.-\L)
.-\pprmed .-\pril 16. 1999.

\-IOl';ROE COC:'\TY - HO\IESTE.-\D EXE\-IPTIO:'\S; COL':'\TY T.-\XES; REFERE:'\DC\I.
:'\o. 218 (House Bill :'\o. 97-1) .
.-\:'\ .-\CT
To proYide a homestead exemption from certain \lonroe County ad Yalorem taxes for county pm-poses in the amount of Sl2.000.00 of the assessed ,alue of the homestead of certain residents of that count\" and a homestead exemption from \lonroe County ad ,alorem taxes for .county purposes in the amount of S20,000.00 of the assessed ,alue of the homestead for certain residents of that count\" who h.we annual incomes not exceeding S20,000.00 and who are 65 yea;s of age or mer; to proYide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to pnwide for a referendum, effecthe dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT E:'\.-\CTED BY THE GE:'\ER.-\L .-\SSE\IBLY OF GEORGI.-\:
SECTION 1.
For purposes of this .-\ct, the term:
(I) ...-\d Yalorem taxes for county purposes" means all ad ,,liorem taxes for county purposes le,ied by. for, or on behalf of \lonroe County, excluding taxes to pay interest on and retire county bond indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section -18-5-40 of the O .C.G..-\.
(3) "Income" means net income. as defined by Georgia law. from all sources. For the purposes of this .-\ct, net income shall not include

-161-1 LOCAL .-\:\'D SPECL-\L .-\CTS .-\.1\'D RESOLL.TIO!'\S, \'OL. II
income recei,ed as retirement, suniyor, or disabilitY benefits under the federal Social Security .-\ct or under any other public or prhate retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an indhidual and such indiYidual's spouse under the federal Social SecuritY .-\ct, and income from such sources in excess of such maximt1m amount shall be included as net income for the purposes of this .-\ct.
(4) "Senior citizen .. means a person \\ho is 65 years of age or o,er on or before January I of the year in ,rhich application for the exemption under this .-\ct is made.
SECTION 2.
(a) Each resident of '.\fonroe County is granted an exemption on that person s homestead from all '.\lonroe County ad Yalorem taxes for county purposes in the amount of Sl2,000.00 of the assessed Yalue of that homestead. The ,alue of that property in excess of such exempted amount shall remain subject to taxation.
(b) .-\ person shall not receiYe the homestead exemption granted by subsection (a) of this section unless the person or person s agent files an affidaYit with the tax commissioner of Monroe County giYing such information relatiYe to receiYing such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to such exemption. The tax commissioner shall pro,ide affidaYit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the applicant for the exemption.
(c) The exemption shall be claimed and returned as proYided in Code Section -18-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the applicant occupies the residence as a homestead. After a person has filed the proper affidaYit as pro,ided in subsection (b) of Section 2 of this .-\ct, it shall not be necessary to make application and file such affidaYit thereafter for any year and tl;e exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this .-\ct to notify the tax commissioner of '.\Ion roe County or the designee thereof in the eYent that person for any reason becomes ineligible for that exemption . .-\ny person ,rho, as ofJanuary I, 2000. has applied for and is eligible for the S6,000.00 homestead exemption from county ad Yalorem taxes for county purposes pursuant to that local constitutional amendment found at Ga. L. 1980, p. 2216, shall be eligible for the exemption granted by this section without further application if that person has applied for and been eligible for the immediately preceding Year for such exemption.
SECTION 3.
(a) Each resident of '.\lonroe Count\ who is a senior citizen is granted an exemption on that person "s hom~stead from all '.\Ion roe County ad

GEORGL\ L\WS 1999 SESSIO~

4615

Yalorem taxes for county purposes in the amount of S20,000.00 of the assessed Yalue of that homestead, if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed S20,000.00 for the immediately preceding taxable year. The \'alue of that property in excess of such exempted amount shall remain subject to taxation.
(b) A person shall not recei,e the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidaYit with the tax commissioner of \fonroe County giYing the person s age, and the amount of income which the person and the person s spouse residing within such homestead recehed during the last taxable year, and such additional information relatiYe to receiYing 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 proYide affidaYit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
(c) The exemption shall be claimed and returned as proYided in Code Section 48-5-50.1 of the O.C.G.A The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidaYit as proYided in subsection (b) of Section 2 of this Act, it shall not be necessary to make application and file such affidaYit thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of \ ,Ion roe County or the designee thereof in the eYent that person for any reason becomes ineligible for that exemption. Any person who, as ofJanuary 1. 2000. has applied for and is eligible for the S10,000.00 homestead exemption from county ad Yalorem taxes for certain senior citizens whose income does not exceed Sl0,000.00 pursuant to that local constitutional amendment found at Ga. L. 1980, p. 2216, shall be eligible for the exemption granted by this section \\ithout further application if that person has applied for and been eligible for the immediately preceding year for such exemption.
SECTION 4.
(a) The exemptions granted by this .\ct shall not apply to or affect any state taxes, municipal taxes, independent school district taxes for educational purposes, or county school district taxes for educational purposes.
(b) The exemptions granted by this Act shall be in lieu of and not in addition to any other homestead exemption from \-lonroe County ad Yalorem taxes for county purposes; proYided, howeYer, that if otherwise qualified under the proYisions of this .-\ct. a resident shall be entitled to claim and receiYe the exemptions proYided under Sections 2 and ~ of this Act.

--HiHi LOC.-\L .-\:\D SPECl.-\1. .-\CTS .-\.'\D RESOLL'TIO:\S. \'OL. II

SECTION 5.

The exemptions granted by this .-\ct shall apply to all taxable Years beginning on or afi:erjanuary I. 2001.

SECTION 6.

l'nless prohibited b, the federal \'oting Rights .-\ct of 1965. as amended. the election superintendent of \lonroe County shall call and conduct an election as pnn-ided in this section for the purpose of submitting this .-\ct to the electors of \lonroe County for appro,al or rejection. The election superintendent shall conduct that election on the date of the 2000 state-wide general election and shall issue the call and conduct that election as proYided b, general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediateh- preceding the date thereof in the official organ of \lonroe County. The ballot shall ha,e \\Titten or printed thereon the words:

\ES Shall the .-\ct be apprcwed which proYides a home-

:\0

stead exemption from certain \lonroe County ad ,alorem taxes for county purposes for that county:

(I) For each resident in the amount ofSI2,000.00 of

the assessed Yalue of the homestead; and (2) In the

amount of S20,000.00 of the assessed Yalue of the

homestead fi.>r residents of that countY who are 65

Years of age or mer and who haYe annual incomes not

exceeding S20,000.00~"

..\JI persons desiring to nHe for apprmal of the .-\ct shall Yote "\'es, .. and those persons desiring to Yote for rejection of the .-\ct shall ,ote ":\'o." If more than one-half of the Yotes cast on such question are for apprornl of the .-\ct, then Sections I through 5 of this ..\.ct shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January I, 2001. If Sections I through 5 of this ..\.ct are not so approyed or if the election is not conducted as prmided in this section, Sections I through 5 of this ..\.ct shall not become effectiYe and this .-\ct shall be automatically repealed on the first daY ofjanuary immediately following that election date.

The expense of such election shall be borne by \lonroe County. It shall be the superintendent's duty to certif\ the result thereof to the Secretary of State.

SECTION 7.

Except as otherwise specified in Section 6 of this .-\ct, this ..\ct shall become effectiYe upon its appnn-al by the Gmernor or upon its becoming law without such appn)\al.

SECTION 8.

.-\11 laws and parts of laws in conflict with this .-\ct are repealed.

GEORGI.-\. L\WS 1999 SESSIO~

-1617

~OTICE OF I!'\TE~TIO~ TO I~TRODL'CE
LOCAL LEGISL\TIO~
~otice is giYen that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a bill to proYide a homestead exemption from certain '.\ionroe County ad Yalorem taxes for county purposes; to specif\ the terms and conditions of the exemptions and the procedures relating thereto; to proYide for a referendum, effectiYe dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 19th daY. of FebruarY., 1999.
/ s/ Curtis S. Jenkins Honorable Curtis Jenkins Represen tatiYe, District 110
GEORGI.\, Fl'LTO~ COL':\"TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, CurtisJenkins, who on oath deposes and says that he is the RepresentatiYe from the 110th District and further deposes and says as follm,s:
(1) That the attached ~otice of Intention to Introduce Local Legislation was published in the '.\1onroe Count\" Reporter which is the official organ of '.\lonroe County on the following date: February 2-1, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise prmided to the gmerning authority of any count\, municipalit\, or consolidated goyernment whose charter or enabling .\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1 -14 does not apply because the bill was requested by resolution or other written notification of the goyerning authorit\ of the affected county, municipal it\, or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.
..L The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill does not amend the charter of a municipalit\or the enabling .\ct of a count\ or consolidated goYernment or the bill affects a local school system.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a cop, of the bill was prmided to the (:OUnty goYerning authorit\ within which the area proposed to be annexed is located at the time the notice was published,

--1-618 LOC.-\.L .-\XD SPECI.-\L .-\CTS .-\XD RESOLCTIOXS, \'OL. II
as required by Code Section 28-1 -1--1-.l.
s/ CCRTIS S. JEX KI XS RepresentatiYe. 110th District
Sworn to and subscribed before me. this 1st daY of '.\larch. 1999.
s/ TERES.-\ .-\DKIXS Xotary Public. Clayton Count,, Georgia '.\Iy Commission Expires Jan. 5. 2001 (SE.-\L)
.-\pprm-ed .-\pril 16, 1999.
COBB COCXTY - SCPERIOR COCRT: DEPCTY CLERK: CO'.\IPEXS.-\TIOX.
Xo. 219 (House Bill Xo. 9i6) .
.-\'.\ .-\CT
To amend an .-\ct 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 salan- system, approYed February 9, 1949 (Ga. L. 19--1-9. p. --1-2i) . as amended, particularly by an .-\ct approYed April 2, 1998 (Ga. L. 1998. p. --1-180). so as to change the compensation of the deputy clerk of the superior court: to proYide an effectiYe date: to repeal conflicting laws: and for other purposes.
BE IT EXACTED BY THE GEXER-\L .-\SSE'.\IBL\' OF GEORGL\:
SECTION 1.
.-\n .-\ct changing the compensation of the clerk of the Superior Court, the sheriff. and the judg~ of the Probate Court of Cobb County from the fee system to the salary system, apprmed February 9. 19--1-9 (Ga. L. 1949, p. --1-2i), as amended. particularh by an .-\ct apprmed April 2, 1998 (Ga. L. 1998, p. --1-180), is amended by striking subsection (b) of Section -1- thereof and inserting in its place a new subsection (b) to read as follows:
.. (b) The clerk of the superior court shall be allowed a deputy clerk whose annual salary shall be S62,i88.96, to be paid in equal monthly installments from the funds in the count\' treasurY. AnY candidate for the office of clerk of the Superior Court of cobb C~unt~: shall. on the date of his or her qualification for such office in either a primary or general election, certifr to the judge of the Probate Court of Cobb County the name of the person he or she shall appoint as deputy clerk in the e,ent he or she is elected to the office of clerk: and the person so named and certified bY the successful candidate for such office shall sene as the

GEORGI.-\ L\WS 1999 SESSIO~

-H,19

deputy clerk during the term for which he or she was so named. In the eYent of the death or remmal from office of said deputy clerk. the clerk of the superior court shall haYe 30 days from said date of death or remmal from office of said deputY clerk to certify to the judge of the Probate Court of Cobb Count\' the name of the new deputY clerk to be appointed. In addition to said deputy clerk. the clerk of the Superior Court of Cobb Count\' shall be authorized and empowered to emploY the clerical help necessary to perform properly the functions and duties of the office. pro,ided that the number of emploYees and salaries or other compensation to be paid to each shall first be apprmed bY the goYerning authoritY of Cobb Count~.

SECTION 2.

This .-\ct shall become effectiYe upon its appnH'al bY the Gmernor or upon its becoming law without such approYal.

SECTION 3.

.-\II laws and parts of laws in conflict with this .-\ct are repealed.

RESOLCTIO~

\\'HERE.-\S:

Cobb Count\' is part of a fast-growing region that, oYer the last decade. has seen a substantial increase in population and demand for public sen-ices; and

\,\1-IERE.-\S:

These senices and functions are managed bY elected officials who hold YerY important legislated responsibilities; and

\\1-IERE.-\S:

The salaries for these separate and independent offices are determined bY the Georgia General .-\ssemblY; and

WHERE.-\S:

'.\lembers of the local delegation to the General .-\ssemblY haYe asked that the Board of Commissioners address the impact of an\' salary adjustments for local officials enacted during this current budget Year; and

WHEREAS:

'.\Iember of the local delegation to the General .-\ssemblY ha,e authority to set salary increases for the following positions attached thereto; now

THEREFORE:

Be it Resoh'ed. that we, the Cobb Count\' Board of Commissioners, hereby commits that the county's adopted budget contains adequate funding to support salary adjustments as approYed by the Cobb Delegation to the Georgia General Assembly in the FY 99 Budget. \\'e further request that all the aboYe salary increases be effected upon July l. 1999 or upon the GoYernor's signature, which e,er is earlier.

This, the 23rd day of February 1999.

-1-620 LOCAL .-\.'\D SPECIAL ACTS .-\.'\D RESOLCTIO:\'S, \'OL. II

s/ William J. Byrne
CHAIRYL-\.-..;

s/ William A. Cooper DISTRICT I

s/ Saul S. Olens DISTRICT 3

s/ Joe L. Thompson DISTRICT 2

s/ George W. Thompson, Jr. DISTRICT 4

Positions that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases for:

District Commissioners (-1-) Commission Chairman Admin Specialist - Tax Comm ExecutiYe Secretan - Tax Comm Tax Commissioner Deputy Tax Commissioner ExecutiYe Assistant to the Sheriff Chief lmestigator Sheriff Chief DeputY Sheriff Sheriff Probate Court Clerk Probate Judge Jmenile Court Judge Presiding Jmenile Court Judge Chief Deputy Clerk State Court State Court Clerk Imestigator Solicitor Assistant Solicitor Chief Asst. Solicitor Solicitor State Ct DiY II Judges (3) State Court Judges (-1-) Senior Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk hwestigator - DA Chief lmestigator - DA District Attorney Assistant District Attorney Chief Assistant District Attorney Superior CourtJudges (7) Senior Judge - Superior Court

'.\l'OTICE OF I~TE'.\l'TION TO INTRODCCE LOCAL LEGISL\TION

Notice is gi\en that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a bill to amend an Act entitled

GEORGL\ L-\\,\'S 1999 SESSIO~

4621

'".-\n .-\ct changing the compensation of the Superior Court. the Sheriff, and the Judge of the Probate Court of Cobb County from the fee system to the salary system," approYed February 9. 19-19 (Ga. L. 19-19. p. -12i). as amended; to prmide for related matters; and for other purposes.
This the 8th day ofJanuary. 1999.
Cobb County Delegation: By State Rep. Randy Sauder. Secretary
GEORGIA FCLTO~ COC~TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Judy '.\lanning, who on oath deposes and says that she is the Representatiw from the 32nd District and further deposes and says as follows:
(1) That the attached ~otice of Intention to Introduce Local Legislation was published in the '.\farietta Daily Journal which is the official organ of Cobb County on the following date: January 8, 1999.
(2) That the laws requiring notice of local legislation "ere further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile. or otherwise proYided to the gmerning authoritY of any county. municipality, or consolidated gmernment "hose charter or enabling .-\ct 1s amended, as required by subsection (b) of Code Section 28-1-1-1.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
...L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated gmernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goyerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JCDY '.\-L-\.,.1\I~G RepresentatiYe, 32nd District

4622 LOCAL .-\.'-iD SPECIAL ACTS .-\.'\:D RESOLCTIO!\iS, \'OL. II
Sworn to and subscribed before me, this 8th day of '.\,larch, 1999.
s/ SL:S.-\.~ GORDO!\' ~otary Public, Rockdale County, Georgia '.\ily Commission Expires ~O\". 18, 2001 (SEAL)
..\pproYed April 16, 1999.
CHATHAM COC:'iTY- BOARD OF COMMISSIO!\'ERS; COMPE~SATIOK
~o. 220 (House Bill ~o. 9i9).
,-\.'\; .--\CT
To amend an ..\ct proYiding for the compensation of certain public officials and judicial officers in Chatham County, apprmed '.\,larch 26, 1986 (Ga. L. 1986, p. 4i9i), so as to change the compensation of the chairperson and members of the Board of Commissioners of Chatham County; to proYide for an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT E~.--\CTED BY THE GE:'\ER..\L .--\SSE'.\IIBLY OF GEORGL.\:
SECTION 1.
An ..\ct proYiding for the compensation of certain public officials and judicial officers in Chatham County, apprmed '.\,larch 26, 1986 (Ga. L. 1986, p. 4i9i) , is amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
.. SECTIO!\' 2.
Each official of Chatham Count\" listed below shall receiYe a salan- fixed by the goyerning authority of stich county, proYided that said salary for each officer shall not exceed the salan- set forth as follows:
Chairperson of the board of commissioners.. $42,000.00 per annum
Members of the board of commissioners. . . .... 14,500.00 per annum
At any time the goYerning authority of Chatham County grants a cost-of-lh"ing increase to employees of Chatham County, the salaries of the chairperson and members of the board of commissioners shall be increased by one-half of the percentage increase granted to such county employees."
SECTION 2.
This ..\ct shall become effectiYe on January 1, 2001. SECTION 3.
..\II laws and parts of laws in conflict with this ..\ct are repealed.

GEORGL-\ L-\WS 1999 SESSIO~

4623

State of Georgia Count\' of Chatham
~otice of Intention to Introduce Local Legislation
Notice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .-\ct pro,iding for the compensation of the Chairman of the Board of Commissioners of Chatham Counn and the members of the Board of Commissioners of Chatham County, approYed '.\farch 26, 1986 (Ga. L. 1986, p. 4797); as amended; and for other purposes.
This 4th day of '.\-larch, 1999.
Dr. Bilh- B. Hair Chairman
Chatham Count\' Commission
GEORGL-\, FCLTON COL';-.;TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, .-\nne '.\ilueller, who on oath deposes and says that she is the Representathe from the 152nd District and further deposes and saYs as follows:
(l) That the attached '.\otice of Intention to Introduce Local Legislation was published in the Sa\'annah '.\lorning '.\ews which is the official organ of Chatham County on the following date: Ylarch 5, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, nmnicipality, or consolidated goYernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill was requested by resolution or other written notification of the goyerning authority of the affected county, municipality, or consolidated gtwernment and a copy of such resolution or other written notification is attached hereto.
j_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated goYernment or the bill affects a local school S\'Stem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was prmided to the county goYerning authority within which the area

--l-62--l- LOCAL .-\.,D SPECIAL ACTS .-\.,D RESOLCTIO:':S, \'OL II
proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ X'\'!\E \lCELLER RepresentatiYe, 152nd District
S,rnrn to and subscribed before me, this 10th day of \farch, 1999.
s/ TERESA ..\DKI~S ~otary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL)
.-\pproYed April 16, 1999.
\lERI\.\'ETHER COC:':TY PCBLIC FACILITIES .-\CTHORITI' DEFI~ITIO~; POWERS.
~o. 221 (House Bill '."\o. 980).
To amend an .-\ct creating the \-leriwether County Public Facilities .-\uthoritY, approYed \ larch 23, 1977 (Ga. L 1977, p. 3820), so as to redefine a certain term; to expand a certain general power; to proYide for related matters; to repeal conflicting laws; and for other purposes.
BE IT E!\.-\CTED BY THE GE'."\ER.-\L .-\SSE\IBLY OF GEORGI.-\:
SECTION 1.
.--\n .-\ct creating the \leriwether County Public Facilities Authority, apprmed \!larch 23, 1977 (Ga. L 1977, p. 3820), is amended by striking subsection (I) of Section 3 and inserting in its place a new subsection (I) to read as follows:
.. (I) To employ the senices of any state or national bank as custodian of the funds belonging to it and as collecting and disbursing agent for any funds belonging to or held by it.,.
SECTION 2.
Said .-\ct is further amended by striking subsection (b) of Section 5 and inserting in its place a new subsection (b) to read as follows:
.. (b) The word 'project' shall include buildings and related facilities including driwways, walkways, and the land upon which the same are located necessary or conYenient for the efficient operation of any department or agency of \-leriwether County or of any department or agency of the Meriwether County School District."

GEORGI.-\ L-\\-\'S 1999 SESSIO;\

--1625

SECTION 3.

.-\.11 laws and parts of laws in conflict with this .-\ct are repealed.

;\OTICE OF I::\'TE;\TIO;\ TO I;\TRODCCE LOC.-\L LEGISL-\TIO::\'

;\Otice is giYen that there will be introduced at the regular 1999 session of the General .-\ssembly of Georgia a bill to amend an .-\ct creating the '.Vleri\\ether County Public Facilities .-\uthority, approYed '.\larch 23, 1977 (Ga. L. 1977, p. 3820), as amended; and for other purposes.
This 2nd day of '.\larch, 1999.

GEORGI.-\, FL'LTOl': coc:--;TY

Carl \'on Epps Re presen tati,e
131 st District

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl \'on Epps, who on oath deposes and says that he is the Represen tatiYe from the 131 st District and further deposes and sa\'s as follows:

(1) That the attached ;\Otice of Intention to Introduce Local Legislation was published in the '.\frriwether Vindicator which is the official organ of '.Vleriwether County on the following date: '.\,{arch 5, 1999.

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

_ .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the gmerning authority of any county, municipality, or consolidated goYernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-1--1.

_ The notice requirement of subsection (b) of Code Section 28-1-1--1 does not apply because the bill was requested by resolution or other written notification of the gmerning authority of the affected county, municipality, or consolidated go\'ernment and a copy of such resolution or other written notification is attached hereto.

JL The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated goYernment or the bill affects a local school S\'stem.

_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was pro,ided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published,

-!626 LOC.--\L .-\..,D SPECIAL .--\CTS .-\..,D RESOLL'TIO;\'S, \'OL. II
as required bY Code Section 28-1-14.1.
s/ C.-\RL \'O;\' EPPS Represen tatiYe, 131 st District
Sworn to and subscribed before me, this 10th day of '.\larch, 1999.
s/ TERES.--\ ADKI;\'S
;\'otary Public, Clayton County, Georgia '.\ly Commission Expires Jan. 5, 2001 (SE.--\L)
.--\pprmed April 16, 1999.
JOl;\'T LIBERTY COC;\'TI' .-\..,D CITY OF Hl;\'ES\1LLE \ 'OC.-\TIO:\"..\LTECH;\'IC..\L SCHOOL .--\l'THORITI' - CRE.--\TIO;\'.
;\'o. 222 (House Bill ;\o. 982) .
.--\;\' .--\CT
To create the Joint Liberty County and CitY of Hinewille \'ocationalTechnical School Authority; to proYide for a definition; to prmide for the purpose and powers of the authority; to proYide for appointment, eligibility, and terms of the members of the authority; to pro,ide for organization, quorum, and meetings of the authority; to proYide for rules and regulations; to pro,ide for accountabilitY and for financial and other records and for audits; to limit the pmHrs of the authority; to proYide for judicial jurisdiction; to pro\"ide that the powers of the authority are supplemental and proYide for liberal construction; to pro,ide an effecthe date; to repeal conflicting laws; and for other purposes.
BE IT E:'1:.--\CTED BY THE GE;'\ER.\L ASSEMBLY OF GEORGL-\:
SECTION 1.
.--\s used in this .--\ct, the term .. project" means a capital outlay project or projects as defined and authorized under subparagraph (a) ( 1) (C) of Code Section 48-8-111 of the O.C.G..-\. consisting of a rncational-technical school.
SECTION 2.
(a) There is created a body corporate and politic to be known as the Joint Liberty Count\ and Cit\ of HinesYille \'ocational-Technical School Authority which shall be deen~ed to be an instrumentality of the State of Georgia and a public corporation, and, by that name, style, and title, such 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 ha,e perpetual existence.

GEORGI.-\ L-\WS 1999 SESSIO"'.'\

4627

(b) The authority shall consist of four members and four alternate members, who shall be appointed as follows:
(1) The gO\erning authority of Liberty CountY shall appoint one member and one alternate member;
(2) The goyerning authority of the City of HinesYille shall appoint one member and one alternate member;
(3) The Liberty County Board of Education shall appoint one member and one alternate member; and
(4) The Board of Directors of the Liberty County Industrial DeYelopment Authority shall appoint one member and one alternate member.
(c) "'.'\o person shall be eligible to serYe as a member or alternate member of the authority unless that person:
( 1) Is a resident of Liberty County at the time of appointment;
(2) Continues to reside within Liberty County during that person s term of office; and
(3) Is a registered and qualified elector of Liberty County.
(d) Ylembers and alternate members of the authority shall be appointed by a majority Yote of the members of the entity authorized to make such appoinunent.
(e) The initial members and alternate members of the authority shall be appointed as soon as practicable after July 1, 1999, and sene for a term of office of one year and until their respectiYe successors are appointed and qualified.
(f) Successors to initial members and alternate members of the authority "hose terms of office expire in 2000 and all future successors to members and alternate members of the authority whose terms of office are to expire shall be appointed immediately preceding the expiration of such terms and shall serYe for terms of office of one Year each and until the appointment and qualification of their respectiYe successors.
(g) There shall be no limit to the number of terms of office to which a person may be appointed to sene as a member or alternate member of the authoritY.
(h) In the eYent a YacanC\ occurs for a1w reason, such ,acancY shall be filled by the applicable appointing authority. Any person appoi1~ted to fill such rncancy shall sene for the remainder of the unexpired term of office and until the appointment and qualification of such person s successor.
(i) The members and alternate members of the authority shall receiYe no salary for their sen-ices.

4628 LOCAL A.'.\iD SPECIAL ACTS .-\XD RESOLL'TIO:':S, VOL. II
(j) The authority shall ha\'e full power to organize, adopt rules for its goyernment, and generally to direct the affairs of the authority. \:o \'acancy on the authority shall impair the power of the authority to exercise all of the rights and powers of and perform all of the duties and obligations of the authority.
(k) The chairperson of the authority shall be a member elected annually by the membership of the authority. Such person shall sene as chairperson during that person's term of office.
(I) A majority of the members and alternate members in attendance shall constitute a quorum. The authority shall ha\'e perpetual existence; pro,ided, howeYer, that nothing contained in this Act shall preclude the General Assembly of Georgia from amending this Act.
(m) In the eyent that a member is unable to attend any meeting of the authority, such member's alternate shall be authorized to attend and to exercise all of the authority and power of the member.
SECTION 3.
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, undertakings, income, receipts of eYery nature, and expenditures of eYen- kind. The financial books and records of the authoritY, shall be audited annualh,- bY, the same auditor employed to audit the books and records of the Liberty County gmernment. Said audit shall be paid for by the authority, and copies shall be furnished to the Board of Commissioners of Liberty County. Said audit shall be a public record.
SECTION 4.
(a) The purpose of the authority shall be for the acquiring, constructing, equipping, or any combination thereof, in accordance with subparagraph (a) (1 )(C) of Code Section 48-8-11 I of the O.C.G.A, of a capital outlay project or projects consisting of a rncational-technical school. The proceeds collected pursuant to the le,: of the special county 1 percent sales and use tax pursuant to Article 3 of Chapter 8 of Title 48 of the O.C.G.A. shall only be expended for such capital outlay project purposes and shall not be expended for maintenance and operation purposes. Without limiting the generality of any proYisions of this Act, the further purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating a rncational-technical school; and, doing all things deemed by the authority necessary, co1wenient, and desirable for and incident to the efficient and proper de\'elopment and operation of such type of undertakings.
(b) The authority shall haYe the power to:
(1) Adopt and alter a corporate seal;

GEORGI.-\ L-\WS 1999 SESSIO:"\

4629

(2) Make contracts and execute all instruments necessary or conYenient in connection with its purposes; and
(3) .-\dopt, alter, or repeal its own bylaws, rules, and regulations gO\erning the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business.
SECTION 5.
The authority shall not haYe the power of eminent domain. The authority shall not haYe the power to issue re,enne bonds or certificates of participation. The authority shall not haYe the power to incur any indebtedness in or for the purpose of the acquisition of real or personal property.
SECTION 6.
.-\ny action brought against the authority shall be brought in the Superior Court of Liberty County and such court shall haYe exclusiYe jurisdiction of such action.
SECTION 7.
The proYisions of this .-\ct shall be deemed to proYide an additional and alternathe method for the doing of the things authorized by this .-\ct 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 8.
This .-\ct, being for the welfare of Liberty County and its inhabitants, shall be liberally construed to effect the purposes of this .-\ct.
SECTION 9.
This .-\ct shall become effectiYe on July 1, 1999.
SECTION 10.
.-\11 laws and parts of laws in conflict with this .-\ct are repealed.
;"1/0TICE OF INTENTIO:'.'\ TOIKTRODLTCE
LOCAL LEGISL\TIO:'.'\
:"\otice is given that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a bill to create a joint authority between Liberty County and the City of Hines,ille for the purpose of the acquisition, construction and equipment of a Yocational technical school to be operated by a joint authority composed of Liberty County and the City of HinesYille, to prO\ide for definition, appointment, eligibility, and terms of

4630 LOCAL A.1\JD SPECIAL ACTS A.'.\ID RESOLCTIONS, \'OL. II
the members of the authority; to prmide for appointment, eligibility, and terms of the members of the authority; to proYide for organization, quorum and meetings of the authority, to proYide for rules and regulations, to prmide for accessability and for financial and other records and for audits, to limit the powers of the authority, to proYide for judicial jurisdiction; to pro,ide that the powers of the authority are supplemental and prmide for liberal construction; to proYide an affecthe date, and for other purposes.
This 5th day of March, 1999
Honorable Buddv DeLoach Representathe District 172
GEORGIA, FULTON COL'NTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy DeLoach, who on oath deposes and says that he is the RepresentatiYe from the 172nd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Coastal Courier which is the official organ of Liberty County on the following date: March 5, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the gmerning authority of any county, municipality, or consolidated goyernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-H.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.
j_ The notice requirement of subsection (b) of Code Section 28-1-14
does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated gmernment or the bill affects a local school system.
_ The notice requirement of subsection (b) of Code Seqion 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was prmided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published,

GEORGL-\ L\WS 1999 SESSION

4631

as required by Code Section 28-1-1--1.1.
s/ BCDDY DELOACH RepresentatiYe, 172nd District
Sworn to and subscribed before me, this 10th day of \-larch, 1999.
s/ TERESA ..\DKI:\iS Notary Public, Clayton County, Georgia \-ly Commission Expires Jan. S, 2001 (SEAL)
ApproYed April 16, 1999.

BA.CO!\: COC:--.iTY - \-L-\GISTR-\TE COCRT; JCDGE OF THE PROBATE COCRT TO SER\'E AS CHIEF .\1..-\GISTR-\TE.
:--.io. 223 (House Bill ~o. 985).

To proYide that the judge of the Probate Court of Bacon County shall also sene as the chief magistrate of the \-lagistrate Court of Bacon County; to proYide for compensation; to proYide for transition; to prmide for related matters; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT :\'ACTED BY THE GE:\'ER-\L ASSE\,IBLY OF GEORGI.-\:
SECTION l.
(a) The judge of the Probate Court of Bacon County shall also ser\'e as and be the chief magistrate of the \-lagistrate Court of Bacon County. The term of office of the probate judge sen-ing as chief magistrate shall be concurrent with such judge's term of office as judge of the probate court.
(b) The judge of the probate court, in addition to any compensation receiYed for senice as judge of the probate court, shall receiYe a supplement for sen-ice as chief magistrate in an amount to be fixed by the gmerning authority of Bacon County. Such supplement shall not be less than the minimum amount prmided by any general law of the state for such additional sen-ice by a judge of the probate court as chief magistrate.
(c) If on the effectiYe date specified in Section 2 of this Act there is in office a chief magistrate other than the probate judge and such chief magistrate is serYing a fixed term of office, then such chief magistrate shall sen-e out the term for which appointed and this Act shall become fully effectiYe upon the expiration of such term. HoweYer, if on the effectiYe date of this Act there is no chief magistrate so serving a fixed term of office,

-1632 LOC.-\L .-\.'\'D SPECL-\L .-\CTS A..,D RESOLCTIO:\'S, \'OL. II
then this .-\ct shall become fully effectiYe on the date specified in Section 2 of this .-\ct.
SECTION 2.
This .-\ct shall become effecthe January 1. 2000.
SECTION 3.
.-\II laws and parts of laws in conflict with this .-\ct are repealed.
:\'OTICE OF I:\'TE:\'TIO:\' TO I:\'TRODCCE LOC.-\L
LEGISL\.TIO:\'
:\'otice is giwn that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to pro\'ide that the probate judge of Bacon County shall serYe as chief magistrate of Bacon County; and for other purposes.
This 22 day of February, 1999.
RepresentatiYe Tommy Smith 169th District
GEORGI.-\, FCLTO:\' COC:'.'\TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who on oath deposes and says that he is the Representathe from the 169th District and further deposes and says as follows:
(1) That the attached :'.'\otice of Intention to Introduce Local Legislation was published in the .-\Ima Times which is the official organ of Bacon County on the following date: February 25, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, municipality, or consolidated goyernment whose charter or enabling .-\ct is amended, as required by subsection (b) of Code Section 28-1-H.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
...L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a

GEORGI.-\ L\WS 1999 SESSIO:K

4633

municipality or the enabling .-\ct of a county or consolidated goYernment or the bill affects a local school sntem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-1.1.
s/ TOM~IY S\UTH Representati\e, 169th District
Sworn to and subscribed before me, this 8th day of \.'larch, 1999.
s/ SCS.-\..'\; GORDO~ :'\otary Public, Rockdale County, Georgia \ ly Commission Expires :'\oY. 18, 2001 (SE.-\L)
.-\pproYed April 16, 1999.

TOW).; OF TIG~.-\LL - '.\L-\YOR .-\..'\;D COC)l;CIL; TER\.'IS.
:'\o. 224 (House Bill :--.;o. 986) .
.-\..'\; .-\CT
To amend an .-\ct granting a new charter to the Town of Tignall, apprmed February 13, 1956 (Ga. L. 1956, p. 2147), as amended by an .-\ct approYed April 5, 1995 (Ga. L. 1995, p. 4082), so as to proYide for staggered terms for the election of the mayor and councilmembers; to prmide for related matters; to proYide for submission; to prmide for an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT E~.-\CTED BY THE GE~ER-\L ASSEMBLY OF GEORGIA:
SECTION 1.
.-\n .-\ct granting a new charter to the Town of Tignall, approYed February 13, 1956 (Ga. L. 1956, p. 2147), as amended by an .-\ct approYed April 5, 1995 (Ga. L. 1995, p. 4082), is amended by striking Section 7 and inserting in lieu thereof a new Section 7 to read as follows:
"SECTION 7.
(a) Beginning with the general municipal election in 1999, the mayor and the councilmembers from Posts 1 and 2 shall be elected for four-year terms beginning on January 1, 2000, and ending on December 31, 2003, and until their successors are elected and qualified. The councilmembers from Posts 3, 4, and 5 shall be elected for two-year

-1634 LOCAL .-\."'\'D SPECI.--\L .\CTS .-\."'\'D RESOLCTIO:'\S, \'OL. II
terms beginning on January 1. 2000, and ending on December 31. 2001.
and until their successors are elected and qualified. .\II successors shall be elected for four-Year terms.
(b) .--\ny candidate for the post of mayor or councilmember shall announce which position he or she shall stand for and shall personally register his or her intention to become a candidate for that position with the town clerk at least ten days prior to the primary or election . The candidate receiYing a majority of the Yotes for each position shall be elected to that position . .--\II primaries and elections prmided for in this section shall be held and conducted as proYided in Chapter 2 of Title 21 of the O .C.G..\., the Georgia Election Code.
SECTION 2.
Pursuant to Section 5 of the federal \'oting Rights .--\ct of 1965, as amended, it shall be the duty of the gmerning authority of the Town of Tignall to submit this .-\ct to the Cnited States attorney general for apprmal.
SECTION 3.
This .--\ct shall become effectiYe upon its apprornl by the GoYernor or upon its becoming law without such approYal.
SECTION 4.
.--\II laws and parts of laws in conflict with this .\ct are repealed.
:'\otice of Intention to Introduce Local Legislation
:'\otice is ghen that there ''"ill be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .--\ct granting a new charter to the Town of Tignall, apprmed February 13, 19:16 (Ga. L. 1956) . p. 214i), as amended, so as to prmide for staggered terms for the mayor and councilmembers; and for other purposes.
This 23rd day of February, 1999.
Representathe Tom '.\kCall 90th District
GEORGI.--\, FCLTO~ COC\;TI'
Personally appeared before me, the undersigned authority. duly authorized to administer oaths, Tom McCall, who on oath deposes and says that he is the RepresentatiYe from the 90th District and further deposes and says as follows:
(l) That the attached :'l:otice of Intention to Introduce Local Legislation was published in the :-.:ews Reporter which is the official organ of Wilkes County on the following date: YI.arch 4, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

GEORGL\ L-\WS 1999 SESSIO~

-1-635

..L .-\. copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the gmerning authority of any county, municipality, or consolidated goYernment whose charter or enabling .-\ct is amended, as required by subsection (b) of Code Section 28-1-1-1-.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1does not apply because the bill was requested by resolution or other written notification of the gmerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1does not apply because the bill does not amend the charter of a municipality or the enabling ..\ct ofa county or consolidated gmernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1does not apply because the bill is an annexation bill and a copy of the bill was prmided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-1-.1.
s/ T0\1 \ICC.-\.LL Representati\e. 90th District
Sworn to and subscribed before me, this I0th day of \-larch, 1999.
s/ TERESA ..\DKI~S ~otary Public, Clayton County, Georgia \ly Commission Expires Jan. 5, 2001 (SEAL)
.-\.pprmed April 16, 1999.

CITI' OF BLL'E RIDGE - CORPOR.\TE LI\HTS.
~o. 225 (House Bill ~o. 989) .
.-\., ..\CT
To amend an ..\ct proYiding a new charter for the City of Blue Ridge. apprmed \ 'larch 21. I989 (Ga. L. I989, p. 3823). so as to change the corporate limits of the city; to annex additional territory; to repeal conflicting laws; and for other purposes.
BE IT E~..\CTED BY THE GE~ER.\L .-\.SSE\IBLY OF GEORGL\:
SECTION 1.
.-\.n .-\ct prmiding a new charter for the City of Blue Ridge. approYed \larch 21, 1989 (Ga. L. 1989, p. 3823) , is amended by adding a new Section I.I lB to read as follows:

-1-636 LOCAL .-\..'\iD SPECIAL ACTS .-\..,D RESOLCTIO:\'S, \'OL. II
"SECTIO:\' 1.1 lB.
Additional corporate boundaries.
In addition to the corporate boundaries of the CitY of Blue Ridge proYided elsewhere in this Act or as proYided pursuant to the authoritY of the laws of this state, the corporate limits of said citY shall also include the following:
TR-\CT 'D-1.
ALL that tract or parcel of land !Ying and being in the 8th District and 2nd Section of Fannin CountY, Georgia, and being a part of Land Lots :\'o. 241 and 264, and being more particularly described as follo"s:
BEGI:\XI'.\iG at the intersection of the easterly right-of-way line of CountY Road :\'o. 103 and the northerly right-of-way line of CountY Road ~o. 90; thence with the easterly right-of-,rnY line ofCountY Road ~o. 103 as follows: :\'l609'E a distance of 140.0 feet; :\'0053'\\' a distance of l 2i.9 feet; :\'1551 ''\\' a distance of 1i4.2 feet; :\'ortherlY 80 feet; :\'3640'\\' a distance of 292.9 feet to a point; thence leaYing ~aid road and running :\'55 l 5"E a distance of 25.6 feet to an iron pin; thence :'.\'5515'E a distance of 248.0 feet to an iron pin; thence :'.\'l i 0 13'W a distance of 29i.6 feet to an iron pin; thence S63l l 'W a distance of 85.9 feet to an iron pin; thence :\'0035'E a distance of 426.9 feet to an iron pin on the centerline of an old road; thence with the centerline of said old road the following courses and distances: S8209'E a distance of 18i.6 feet; Si405'E a distance of 168.0 feet; Si449'E a distance of 182.2 feet; S6309'E a distance of 1i0.9 feet; Si450'E a distance of 120.6 feet; :\'6431 'Ea distance of 109.8 feet; Sii0 13'E a distance of 146.9 feet; Si453'E a distance of 183.1 feet; Si305'E a distance of 14i.9 feet; thence continuing with the centerline of said old road Easterly across the propertY of L & :\' Railroad to a point on the centerline of said old road located on the easterly right-of-way line of L & :\' Railroad ~'lurphY Spur; thence continuing with the centerline of said old road S68l i'E to the present norther!Y right-of-way line of CountY Road :'.\'o. 90; Thence Southwester!Y and then Westerly with the present northerly right-ofwaY, line of said Counn, Road :\'o. 90 to the POI:\'T OF BEGI:'.\':\'I'.\iG.
There is EXCEPTED from the aboYe-described tract of land that certain parcel of land designated as 'PropertY Claimed BY GradY E. Farmer' as shown on plat of surYeY entitled 'SurYey For Fannin CountY Industrial DeYelopment Authority, dated '.\fay 26, 1989, and reYised August 30, 1989, and prepared by \like L. Hampton. G.R.L.S. :\'o. 2452.
All bearings and distances, and most other measurements gi,en in the aboYe description were taken from a plat of suney entitled 'City of Blue Ridge Industrial Park,' datedjuly 28, 1982, and reYised April 26,

GEORGL-\ L-\WS 1999 SESSIO~

-1637

1985, and recorded in Plat Book 15, page -15, of the Fannin County Records.
TR-\CT 0-2
.-\LL that tract or parcel of land lying and being in the 8th District and 2nd Section of Fannin County, Georgia, and being a part of Land Lots :'\o. 2-10 and 2-11, and being more particularly described as follows:
BEGl:'\:'\l:'\G at the intersection of the original southern boundary line of Land Lot :'\o. 2-11, and the northerly right-of-way line of County Road :'\o. 90; thence East with the original line to an iron stake at an old road near original corner; thence :'\ortheast with the old road to the first branch; thence up the branch 30 yards, more or less, to a marked white oak tree; thence a :'\orthwest direction with the William Long conditional line up an old wire fence to a marked white oak tree on bank of road near house where Luke Elrod now liYes; thence Southwest with public road on top of ridge to first hollow on west side of ridge; thence down the hollow in a West direction to the northeast corner of Tract 0-1 described aboYe; thence Southwesterly with the present northerly right-of-way line of County Road :'\o. 90 to the POl:'\T OF BEGI:'\:'\l:'\G.
The aboYe-described Tract 0-2 is a portion of that same property conYeyed by warranty deed From Tri-State Realty Company, Inc. to the City of Blue Ridge, said warranty deed being dated '.\lay 9, 1966, and recorded in Deed Book 32, page 203-204, of the Fannin County Records. Portions of the aboYe description of Tract 0-2 were taken from description gi\en in said deed.
TR-\CT o-3
BEGI:'\:'\I:'\G at the intersection of the northeasterh.- boundan.- of the present corporate limits of Tract .-\ of the City of Blue Ridge and the easterly right-of-way line of County Road :'\o. 103 (a/ k/ a .-\da Street); thence :'\ortherly with the easterly right-of-way line of County Road :'\o. 103 to the northerly right-of-way line of Farm Road, said Farm Road being a paYed road located inside the Blue Ridge Industrial Park property, thence Westerly with a line which is normal to the centerline of County Road :'\o. 103 to the westerly right-of-way line of County Road :'\o. 103; thence Southerly with the westerly right-of-way line of County Road :'\o. 103 to the northeasterly boundary of the present corporate limits of Tract '.-\' of the City of Blue Ridge; thence Southeasterly with the said northeasterly boundary of the present corporate limits of Tract'.-\' of the City of Blue Ridge to the POl:'\T OF BEGI:'\:'\l:'\G.
TR-\CT 0--1
BEGI:'\:'\l:'\G at the intersection of the northeasterh.- boundary. of the present corporate limits of Tract x of the City of Blue Ridge and the

4638 LOCAL A.'.\'D SPECIAL ACTS .-\.'\D RESOLL'Tio::--:s, \'OL. II
easterly right-of-way line of County Road !'l:o. 8i (a/ k/ a Windy Ridge Road); thence '.\"ortherly with the easterly right-of-,ray line of County Road !'l:o. 8i to the property line of the City of Blue Ridge, said property line of the City of Blue Ridge being the southern boundary of aforesaid Tract 'D-2' described herein; thence Westerly with said property line of the City of Blue Ridge to the westerly right-of-way line of County Road '.\"o. 8i; thence Southerly "ith the westerly right-of-\\ay line of said Count\. Road '.\:o. 8i to the northeasterh.- boundary. of the present corporate limits of Tract 'A' of the City of Blue Ridge; thence Southeasterly with the said northeasterly boundary of the present corporate limits of Tract 'A' of the City of Blue Ridge to the POI!'l:T OF BEGI::--:!\'I::--:G.
The corporate boundaries of the City of Blue Ridge shall also include the follm\'ing:
BEGI!'l:::--:I~G at the intersection of the centerline of the Toccoa Rher and the easterly right-of-way line of Georgia Highway.-\PD 515; thence Southwesterly and then Westerly with the southerly right-of-way line of said Georgia Highway .-\PD 515 to a right-of-way marker located right 150 feet from centerline station 99+00 (said right-of-way marker is as shown on Georgia D.O.T. Right-Of-Way Map, Sheet 8, Project .-\PD056-2(4) dated i / 25/ i8 and reYised i / 26/ 82, and said map is incorporated herein by reference); thence running \\'esterly in a straight line to a right-of-way marker located right 220 feet from centerline station 94+50 (said right-of-way marker is as shown on Georgia D.O.T. Richt-Of-Way :Vlap, Sheet 8, Project .-\PD-056-2 (4) dated i / 25/ i8 and reYised i / 26/ 82, and said map is incorporated herein by reference); thence Westerly " ith the southerly right-of-,rny line of said Georgia Highway .-\PD 515 to the northeasterly boundary of the present corporate limits of Tract .\' of the City of Blue Ridge (said corporate limits of Tract'.-\' of the City of Blue Ridge being fully described in the current City Charter of the City of Blue Ridge); thence ::--:orthwesterly with the said northeasterly boundary of the present corporate limits of said Tract A of the City of Blue Ridge to the northerly right-of-way line of Georgia Higlnrny .-\PD 515; thence Easterly and then ::--:ortheasterly with the northerly right-of-,rny line of said Georgia Highway APO 515 to the centerline of the Toccoa Ri,er; thence Southeasterly with the centerline of the said Toccoa RiYer to the POI!'l:T OF BEGI!'l:::--:I'.':G."
SECTION 2.
.-\11 laws and parts of laws in conflict with this .--\ct are repealed.
::--:otice Of Intention To Introduce Local Legislation
::--:otice is ghen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .\ct proYiding a new

GEORGI.\ LAWS 1999 SESSION

4639

charter for the City of Blue Ridge, approyed March 21, 1989 (Ga. L. 1989, P. 3823); and for other purposes.
This 3rd day of March, 1999.
Ben YI. bitaker 7th District
GEORGI.\, FCLTO~ COC'.'\TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben 11itaker, who on oath deposes and says that he is the RepresentatiYe from the 7th District and further deposes and says as follows:
(1) That the attached '.'\otice of Intention to Introduce Local Legislation was published in the '.\;ews ObserYer which is the official organ of Fannin County on the following date: March 10, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the gmerning authority of any county, municipality, or consolidated gmernment whose charter or enabling .\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated gmernment or the bill affects a local school sYstem .
..L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BE~'.'\. WHITAKER RepresentatiYe, 7th District
Sworn to and subscribed before me, this I0th day of '.\farch, 1999.

4640 LOCAL A.-..:D SPECIAL .--\CTS .--\XD RESOLCTIOXS, \'OL. II
s/ TERES.--\ .-\DKIXS Xotary Public, Clayton County, Georgia :VIy Commission Expires Jan. 5, 2001 (SEAL)
.--\pprmed .--\pril 16, 1999.
HOCSTO~ COCXTY - BO.--\RD OF EDCC--\TIO'.'\; CO'.\IPE'.',;SATIOX.
Xo. 226 (House Bill '.\;o. 990) .
.--\X .-\CT
To amend an .-\ct relating to the Board of Education of Houston County, approYed March 31, 1994 (Ga. L. 1994, p. -H35), so as to change proYisions relating to the compensation of the members of the board; to proYide for related matters; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT EXACTED BY THE GE'.'\ER--\L .--\SSE:VIBLY OF GEORGI.-\:
SECTION 1.
An Act relating to the Board of Education of Houston County, apprmed :VIarch 31 , 1994 (Ga. L. 1994, p. 4435), is amended by striking Section 6 which reads as follows:
sECTIO:\' 6.
On and afterjanuary 1, 1995, the members of the Board of Education of Houston County shall be compensated in the amount of S150.00 per month and, in addition, when meetings other than the regular school board meetings are held, each board member shall be compensated in the amount of $50.00 for either a meeting or tribunal attended by any such member; prmided, howeYer, that a member shall not be entitled to such S50.00 for special meetings more than four times in any ghen month. The compensation of the members of the board of education shall be paid only from the tax funds a,ailable to such board for educational purposes... ,
and inserting in its place a new Section 6 to read as follows:
"SECTIO:'I: 6.
The members of the Board of Education of Houston County shall be compensated in the amount of S300.00 per month and, in addition, when meetings other than the regular school board meetings are held, each board member shall be compensated in the amount of $50.00 for either a meeting or tribunal attended by any such member; prmided, howeYer, that a member shall not be entitled to such $50.00 for special meetings more than four times in any ~i,en month. The compensation

GEORGIA L\\-\'S 1999 SESSIO:\

4641

of the members of the board of education shall be paid only from the tax funds arnilable to such board for educational purposes."
SECTION 2.
This Act shall become effectiYe on the later of: (1) July 1, 1999; or (2) the first day of the month follo\\"ing the month in which this .-\ct is approYed by the GoYernor or becomes la\\ \\ithout such approYal.
SECTION 3.
All laws and parts of la\\"s in conflict with this Act are repealed.
Local Legislation
'.\:otice of Intention to Introduce Local Legislation
'.\:otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia, a bill to amend an act relating to the board of education of Houston County, approYed .\!larch 31, 1994 (Ga. L. 1994, p -l--l-35), so as to change proYisions relating to the compensation of the members of the board; to proYide for related matters, and for other purposes.
GEORGIA, FL'LTO'.\: COL''.\:TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker, who on oath deposes and saYs that he is the RepresentatiYe from the 141st District and further deposes and saYs as follows:
( 1) That the attached ~otice of Intention to Introduce Local Legislation was published in the Houston Times-Journal "hich is the official organ of Houston County on the following date: \farch 10, 1999.
(2) That the laws requiring notice of local legislation \\"ere further complied \\ith in the manner checked below:
_ A copy of the notice of intention ,ms mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, nmnicipality, or consolidated go\"ernment \\hose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill mls requested by resolution or other written notification of the gmerning authority of the affected county, municipalitY, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
.::L The notice requirement of subsection (b) of Code Section 28-1-14 does not appl~ because the bill does not amend the charter of a

4642 LOCAL ..\.'\;D SPECIAL .-\CTS ..\.'\D RESOLCTIO:'\S, \'OL. II
municipality or the enabling .-\ct of a countY or consolidated gmernment or the bill affects a local school SYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not app)y because the bill is an annexation bill and a copy of the bill \\"as prmided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required bY Code Section 28-1-14.1.
s/ L\RRY WALKER RepresentatiYe, 141 st District
S,rnrn to and subscribed before me, this 15th daY of \farch, 1999.
s/ TERESA .-\DKI'.\iS :'\otarY Public, ClaYton CountY, Georgia \,Jy Commission Expires Jan. 5, 200 I (SEAL)
...\pprmed April 16, 1999.
PIERCE COC:'\TY - BOARD OF EDCC.-\TIO'.\i; CO\IPE:'\S.-\TIO:'\.
'.\io. 22i (House Bill :'\o. 1000) .
..\.'\; .-\CT
To amend an .-\ct proYiding for the composition and selection of the Board of Education of Pierce County, approYed April 12, 1982 (Ga. L. 1982, p. 4649), as amended, so as to change the compensation of the members of the board of education; to proYide for related matters; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT E'.\i.-\CTED BY THE GE:'\ER...\L .-\SSD'1BLY OF GEORGL\:
SECTION 1.
...\n .-\ct proYiding for the composition and selection of the Board of Education of Pierce CountY, apprmed April 12, 1982 (Ga. L. 1982, p. 4649), as amended, is amended bY striking Section 6 and inserting in lieu thereof a new Section 6 to read as follows:
"SECTIO:'\ 6.
The Board of Education of Pierce Count\" created bY this .-\ct shall be the successor to all the rights, powers, duties, and obligations of the old Board of Education of Pierce CountY and shall be subject to all constitutional and statutory proYisions relating to countY boards of education not in conflict with this .-\ct. The members of the board of education created bY this ...\ct shall be compensated bY a monthlY salan

GEORGL-\ L-\WS 1999 SESSIO'.\

-16-13

which shall be equal to one-half of the monthly salary being paid as of January 1, 1999, to each member of the board of commissioners of Pierce County. This monthly salary shall include any called or special meetings of the board and no extra compensation shall be paid for any called or special meetings. Each member shall also recei,e for each day spent out of the county on official business of the school board a daily expense allowance and mileage allowance equal in amount to the daily expense allowance and mileage allowance receiYed by members of the General Assembh for sen-ice as members of interim committees of the General Assem bh."
SECTION 2.
This Act shall become effecti\e upon its apprornl by the GO\ernor or upon its becoming law without such approYal.
SECTION 3.
All laws and parts of laws in conflict with this ..\ct are repealed.
\-larch 9, 1999
Representati,e Tommy Smith District 169 -101 State Capitol Building Atlanta, GA 30334 Fax # 1-404-65i-0499
Dear Representati,e Smith:
At the \farch 8, 1999, Pierce County Board of Education meeting, the Board ,oted to contact you regarding local legislation to increase the per diem and to allow a local traYel expense. The per diem amount will be S250 monthly regardless of the number of meetings and the local tr,l\'el expense is S25 per month.
Should you haYe any questions please contact me. Thank you for your assistance in this matter.
Sincerely, s/ Don Don Spence Superintendent
'.\OTICE OF l'.\TE'.\TIO'.\ TO I'.\TRODCCE LOCAL LEGISL.\TIO'.\
'.\otice is gi\en that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a bill to amend an ..\ct prO\iding for the composition and selection of the board of education of Pierce County, approYed April 12, 1982 (Ga. L. 1982, P. -16-19), as amended,

-1644 LOC.-\L A.'\D SPECIAL .-\CTS .-\..-..:D RESOLCTIO:\'S, \'OL. II
so as to change the compensation of the members of the board; and for other purposes.
This 1 day of :\larch, 1999.
GEORGL-\, FCLTO:\' COC:\'TY
Personally appeared before me. the undersigned authority, duly authorized to administer oaths. TommY Smith, \\'ho on oath deposes and says that he is the Representathe from the 169th District and further deposes and says as follows:
(1) That the attached :\'otice of Intention to Introduce Local Legislation ,ms published in the Blackshear Times which is the official organ of Pierce CountY on the following date: \larch 3, 1999.
(2) That the laws requiring notice of local legislation were further complied \\'ith in the manner checked below:
_ .-\ copy of the notice of intention ,ms mailed, transmitted by facsimile, or otherwise prmided to the goYerning authority of any county, municipality. or consolidated goYernment "hose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apph- because the bill "as requested by resolution or other written notification of the goYerning authoritY of the affected county, municipality. or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated goYernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county gmerning authority ,dthin which the area proposed to be annexed is located at the time the notice was published, as required b, Code Section 28-1-14.1.
s/ T0:\-1\ff S\IITH
RepresentatiYe, 169th District
Sworn to and subscribed before me. this 15th daY of \larch. 1999.
s/ TERESA ADKI.'\S :\'otary Public, Clayton County, Georgia \ly Commission Expires Jan. 5, 2001 (SE.--\L)
Apprmed April 16. 1999.

GEORGI.-\ L-\WS 1999 SESSIO:\'

-1-6-1-5

BR-\."TLEY COL':\'TY - BOARD OF EDL'C.-\.TIO:\'; CO\IPE:\'S.-\TIO:\'.
:\'o. 228 (House Bill :\'o. 1001) .
.-\:\' .-\CT
To amend an .-\ct pro,iding for the election of members of the Board of Education of Brantley County, approYed April 17, 1975 (Ga. L. 1975, p. 3937), as amended, particularly by an .-\ct approYed \ larch 22, 1989 (Ga. L. 1989, p. -1126), so as to change the proYisions relating to the compensation of the members of the board; to pro,ide an effecti\e date; to repeal conflicting laws; and for other purposes.
BE IT E:\'.-\.CTED BY THE GE:\'ER-\.L .-\.SSE\IBLY OF GEORGI.-\:
SECTION 1.
.-\.n Act proYiding for the election of members of the Board of Education of Brantley County, approYed April 17, 1975 (Ga. L. 1975, p. 3937), as amended, particularly by an .-\ct apprmed \larch 22, 1989 (Ga. L. 1989, p. 4126), is amended by striking subsection (b) of Section -1- in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) The chairman and other members of the board shall each be compensated in the amount of S200.00 per month, and in addition thereto, each member shall receiYe S-10.00 for attending a meeting of the board in addition to the regular monthly meeting, but said amount shall be payable for not more than two such additional meetings during any month. Each member shall also receiYe for each day spent out of the county on official business of the school board a daily expense allowance and mileage allowance equal in amount to the daily expense allowance and mileage allowance receiYed by members of the General Assembly for senice as members of interim committees of the General Assembh."
SECTION 2.
This .-\ct shall become effecti\'e upon its approYal by the GoYernor or upon its becoming law without such apprornl.
SECTION 3.
.-\II laws and parts of laws in conflict with this .-\ct are repealed.
BOARD RESOLL'TIO:\'
The Brantley. Count\.' Board of Education resoh-es to increase school board member compensation from S150 per month per member to S200 per month per member and set required board meetings at SlOO per meeting

-16-16 LOC.-\L .-\:\'D SPECIAL .-\CTS .-\."iD RESOLL'TIO'.'\S, \'OL. II
per member. The regular school board meeting is included in the $200 per month per member amount.
s/ William H. Kyser William H. KYser
s/ Inez H. Courtney Inez H. Courtney
s/ DaYid .-\. Lee DaYid Lee
s/John L. Lee John L. Lee
s/ Robert C. \-\"illis Robert Willis
~,{arch 8, 1999
:\'OTICE OF I:\'TE:\'TIO:\' TO I:\'TRODL'CE LOC.-\L LEGISL-\TIO:\'
:\'otice is giYen that there will be introduced at the regular 1999 session of the General .-\ssembly of Georgia a bill to amend an .-\ct proYiding for the election of members of the Board of Education of Brantley County, approYed .-\pril 1i , l 9i5 (Ga. L. I9i5 , p. 393i) , as amended; and for other purposes.
This First Day of ~larch, 1999.
/ s/ Tommy Smith RepresentatiYe Tommy Smith 169th District
GEORGI.-\. FCLTO:\' COC:\'TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths. Tommy Smith, who on oath deposes and says that he is the Representathe from the 169th District and further deposes and sa,s as follows:
(1) That the attached :\'otice of Intention to Introduce Local Legislation was published in the Brantley Enterprise which is the official organ of Brantle, County on the following date: :\larch 3, 1999.
(2) That the la\\s requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed. transmitted by facsimile, or otherwise proYided to the goyerning authority of any county, municipality, or consolidated goyernment whose charter or enabling .-\ct is amended, as required by subsection (b) of Code Section 28-1-14.

GEORGIA L\WS 1999 SESSIO~

4647

_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated goyernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TO\-1\-lY S\flTH Represen tatiYe, 169th District
Sworn to and subscribed before me, this 15th day of \1arch. 1999.
s/ TERESA .-\DKI!'\S :'.';otary Public , Clayton County, Georgia \ ly Commission Expires Jan. 5, 200 I (SEAL)
.-\pproYed April 16, 1999.

HE~RY COC;'\TI' WATER ..\.~D SEWERAGE .-\CTHORITI' \IEMBERS; CO\IPE!':SATIO~.
~o. 229 (House Bill ~o. 1004).
AX .-\CT
To amend an .-\ct creating the Henry County Water and Sewerage Authority, apprmed \-larch 28, 1961 (Ga. L. 1961, p. 2588), as amended, particularly by an .-\ct apprmed \-larch 24, 1994 (Ga. L. 1994, p. 3865), so as to change the prmisions relating to compensation of members of the authority; to repeal conflicting laws; and for other purposes.
BE IT E;'\.-\CTED BY THE GE;'\ER-\L .-\SSE\IBLY OF GEORGI.-\:
SECTION 1.
.-\n .-\ct creating the Henry County Water and Sewerage Authority, approYed \-larch 28, 1961 (Ga. L. 1961, p . 2588). as amended, particularly by an .-\ct apprmed \-larch 24, 1994 (Ga. L. 1994, p. 3865), is amended by striking subsection (a) of Section 4 and inserting in its place the following:

-t-6-t-8 LOC.-\1. .-\SD SPECIAL ACTS ..\..."D RESOLCTIO~S. \'OL. II
.. (a) The members of the authoritY shall establish bY resolution the monthh salary for the chairperson, Yice chairpers011, secretary, and other members of the authority, but no person shall recein- a salary in excess of 30 percent of the monthly salary amount receiYed by a member of the Board of Commissioners of Henn Count\'. Such resolution shall be adopted no later than July I of eacl1 year and shall establish such salary amounts for the 12 month period beginning that first clay ofJuly."
SECTION 2.
.-\.II laws and parts of lmrs in conflict with this Act are repealed.
~OTICE OF I~TE~TIO~ TO l~TRODCCE LOC.-\1. LEGISL-\.TIO~
~otice is giHn that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a Bill to amend an Act establishing the Henry County \\'ater and Sewerage Authority, approYed \larch 28, 1961 (Ga. L. 1961, p . 2588); and for other purposes.
This -1th day of \larch, 1999.
Senator \like D. Crotts 17th District
GEORGIA, FCLTO'.\' COL''.\'TY
Personalh- appeared before me, the undersigned authority, duly authorized to administer oaths, SteYe Cash, who on oath deposes and says that he is the Representati,e from the 108th District and further deposes and says as follows:
( 1) That the attached :--.:otice of Intention to Introduce Local Legislation was published in the Daily Herald which is the official organ of Henry County on the following date: \larch 5, 1999.
(2) That the lmrs requiring notice of local legislation were further complied with in the manner checked below:
_ .-\. cop, of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, municipality, or consolidated gmernment whose charter or enabling .-\.ct is amended, as required by subsection (b) of Code Section 28-1-1-t-.
_ The notice requirement of subsection (b) of Code Section 28-1-l-tdoes not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated gll\'ernment and a copy of such resolution or other written notification is attached hereto.
..L The notice requirement of subsection (b) of Code Section 28-1-1-tdoes not apply because the bill does not amend the charter of a

GEORGI.-\ L-\WS 1999 SESSIO::\'

4649

municipality or the enabling .-\ct of a county or consolidated goyernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was prmided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published , as required by Code Section 28-1-14.1.
s/ STE\'E C.-\SH RepresentatiYe. I08th District
Sworn to and subscribed before me, this 15th day of \-larch, 1999.
s/ SCS.-\.'\' GORDO:\' .:\'otary Public, Rockdale County. Georgia '.\ly Commission Expires .:\'o\'. 18. 2001 (SE.-\L)
.-\pproYed .-\pril 16. 1999.

COLC'.\-IBCS. GEORGL-\ - '.\IC.:\'ICIP.-\L COCRT; JCRISDICTIO.:\'.
:'\o. 230 (House Bill .:\'o. 1005) .
.-\.:\' .-\CT
To amend an .-\ct proYiding for a new charter for the county-wide goYernment of Columbus, Georgia, approYed April 5, 1993 (Ga. L. 1993. p . 49i8). as amended, so as to change certain proYisions regarding the jurisdiction of the municipal court of Columbus. Georgia; to repeal conflicting laws; and for other purposes.
BE IT E.:\'.-\CTED BY THE GE.:\'ER-\L .-\SSE'.\IBLY OF GEORGIA:
SECTION 1.
.-\n .-\ct proYiding for a new charter for the county-wide gmernment of Columbus, Georgia. approYed .-\pril 5. 1993 (Ga. L. 1993, p. 49i8). as amended. is amended by striking paragraph (I) of Section 5-402 and inserting in its place a new paragraph (I) to read as follows:
(I) The municipal court of Columbus, Georgia shall haYe jurisdiction throughout the territorial limits of the consolidated goYernment, concurrent with the Superior Court. to try and dispose of all chil cases or proceedings. of\\hateYer nature. whether arising ex contractu or ex delicto, under the common law or by statute. in which the principal sum claimed to be due or the Yalue of the property in dispute does not exceed the smn of S15.000.00. and of which jurisdiction is not now ,ested by the Constitution and la\\s of the State of Georgia exclushely

-1650 LOC.-\L .-\'.\:D SPECIAL .-\CTS .-\..'\D RESOLL'TIO'.\:S, \'OL. II

in other courts. which jurisdiction shall include, concurrent with the Superior Court, the right and power to tn- and determine finalh- all dispossessory warrant and eYiction cases. \\:here proper pleadings are filed and returns made to said municipal court of Columbus, Georgia."

SECTION 2.

.-\II laws and parts of laws in conflict with this .-\ct are repealed.

'.\:OTICE OF I'.\:TE'.\:TIO'.\: TO I'.\:TRODL'CE LOC..\L LEGISL.\TIO'.\:

'.\:otice is gi,en that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .-\ct establishing the \lunicipal Court of Columbus, Georgia, apprmed August 12, 1915 (Ga. L. 1915. p. 63). as amended. and for other purposes.

This 23rd day of February. 1999.

GEORGL.\. FL'LTO'.\: COL''.\:TI'

THO\1.-\S B. BCCK, III Representati,e Thomas B. Buck, III
135th District

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 the Representathe from the 135th District and further deposes anc! says as foilm\"s:

(1) That the attached '.\:otice of Intention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer which is the official organ of \luscogee Cm,ntY on the following date: February 25, 1999.

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

..L ..\ cop, of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the g<werning authority of any county, municipalit\, or consolidated goYernment "hose charter or enabling .-\ct is amended. as required by subsection (b) of Code Section 28-1-1-1.

_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill was requested by resolution or other written notification of the gmerning authority of the aflected county, m1111icipalit\, or consolidated goYernment and a cop, of such resolution or other written notification is attached he1 eto.

_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does Jh>t apply because the bill does not amend the charter of a municipalitY or the enabling ..\ct of a county or consolidated gmernment or the bill atfects a local school sYstem.

GEORGI.-\ L\WS 1999 SESSIO'.'I:

--1651

_ The notice requirement of subsection (b) of Code Section 28-1-1--1 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority ,rithin which the area proposed to be annexed is located at the time the notice was published. as required by Code Section 28-1-1--1.1.
s/ THO:\L\S B. BCCK. III Representati\e. 135th District
Sworn to and subscribed before me, this 16th day of \farch, 1999.
s/ SCSA., GORDO'.': '.'l:otary Public, Rockdale County. Georgia \ly Commission Expires '.'l:oY. 18, 2001 (SEAL)
.-\pproYed April 16, 1999.

CL\\TO'.'I: coc:--.:n - SHERIFF; CO\IPE'.'l:S.-\TIO'.'I:.
'.'l:o. 231 (House Bill '.'l:o. 1009) .
..\:'I: ..\CT
To amend an .-\ct placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approYed Februan- 25. 19--19 (Ga. L. 19--19, p. 1910), as amended. particularly by an ..\ct approYed ..\.pril 5, 199--1 (Ga. L. 1994, p. 4883). so as to change the proYisions relating to the compensation of the sheriff; to proYide an effecti\e date; to repeal conflicting laws; and for other purposes.
BE IT E'.'1:.-\CTED BY THE GE'.'l:ER.\.L .-\SSDIBLY OF GEORGL.\:
SECTION 1.
.-\n .-\ct placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary. approYed February 25, 19--19 (Ga. L. 19--19. p. 1910), as amended, particularly by an .-\ct apprmed April 5, 199--1 (Ga. L. 1994, p. --1883), is amended by striking subsection (b) of Section 1 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
.. (b) The sheriff of Clanon Count\ shall recei,e a total annual salary of S81,383.28 including a1;y supplements and additional compensationfor sen-ices which are paid pursuant to state law or county ordinance, which are being recehed on \1arch 15, 1999, and which are paid from the funds of Clayton County. This shall not prohibit the goyerning authority of Clayton County from increasing the amount of any supplement or compensation for additional duties which the goYerning authority may lawfully pay to the sheriff on or after July 1, 1999."

4652 LOCAL .-\..~D SPECIAL ACTS .-\..~D RESOLLTIO~S. \'OL. II
SECTION 2.
This .-\ct shall become effectiYe on July 1, 1999.
SECTION 3.
.-\II laws and parts of laws in conflict with this ..\ct are repealed.
Ylarch 15, 1999
The Honorable Frank I. Bailey, Jr. Clayton County Legislati\'e Delegation 609 LegislatiYe Office Building Atlanta, Georgia 30334
Dear Frank:
This letter is to confirm that the Clayton County Delegation will introduce bills this Year that will increase the salar\' of the Sheriff, Tax Commissioner, and Clerk of Superior Court, supple{nent of the Superior Court Judge, supplement of the District Attorney, compensation of the Coroner, Probate Judge, Chair and Members of the Board of Commissioners, Judges and Solicitor, and Clerk of State Court. If these bills are approYed we will fund the increase in our next fiscal budget which begins July 1, 1999, and do therefore request the effecthe date be July 1, 1999.
Should you ha\'e any questions, please so ad\'ise.
Sincerely,
s/ C. Crandle Bray C. Crandle Bray, Chairman Cla.non Count\.' Commission CCB/kd
YIISCELL-\..~EOCS ).;OTICE OF l.'.\TE).;TION TO l'.\JTRODCCE LOCAL LEGISL.\TIOI'\
!'\otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff and the clerk of the Superior Court of Clayton County on an annual salary, approYed February 25, 1949 (Ga. L. 1949, p. 1910), as amended; and for other purposes.
This 25th day of Feb., 1999.
Clayton County Legislath-e Delegation
GEORGIA, FCLTO:t-,; COCNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey.Jr., who on oath deposes and says

GEORGL-\ L\WS 1999 SESSIO:'\

-1653

that he is the Representathe from the 93rd District and further deposes and saYs as follows:
(1) That the attached :'\otice of Intention to Introduce Local Legislation was published in the :'\ews Daily which is the official organ of Clayton County on the following date: \larch 5, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise prmided to the gmerning authority of any county, nnmicipality, or consolidated goYernment whose charter or enabling .\ct is amended, as required by subsection (b) of Code Section 28-1-1-1.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill was requested by resolution or othe r written notification of the goYerning authority of the affected county, municipality, or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill does not amend the charter of a municipality or the enabling .\ct of a county or consolidated goYernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-1.1.
s/ FR\:'\K I. B.\ILEY, JR.
Represen tatiYe, 93rd District
Sworn to and subscribed before me, this 12th day of \-larch, 1999.
s/ TERESA .\DKl:'\S :'\otary Public, Clayton County, Georgia .\ly Commission Expiresjan. 5, 2001 (SEAL)
.\pprmed April 16, 1999.

CL\\TO:'\ COC:'\TI' - BOARD OF CO\1\IISSIO:'\ERS; CO\lPE:'\S.\TIO:'\.
:'\o. 232 (House Bill :'\o. 1010) .
..\., .\CT
To amend an .\ct creating the board of commissioners of Clayton County, apprmed February 8, 1955 (Ga. L. 1955, p. 206-1), as amended, so as to

4654 LOCAL .-\.."1D SPECIAL ACTS .-\.."1D RESOLCTIONS, \'OL. II
change the proYisions relating to the compensation of the chairperson and members of the board; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT E:'\ACTED BY THE GE:'\ER-\L ASSEYIBLY OF GEORGL\:
SECTION 1.
An Act creating the board of commissioners of Clayton County, approYed February 8, 1955 (Ga. L. 1955, p. 2064) , as amended, is amended by striking subsection (a) of Section 7 of said Act and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) The chairperson of the board shall be compensated in the amount of $82,600.00 per annum, to be paid in equal monthly installments from the funds of Clayton County. This amount of base compensation shall be increased by the same percentage or amount, or ayerage percentage or a\"erage amount, as applicable, by which minimum salaries of sheriffs are increased under Code Section 15-16-20 of the O.C.G..-\., based upon annual state merit system employee compensation increases, which increase in base compensation shall become effectiYe the first day ofJuly following the date such annual merit system increase first becomes effecthe. The chairperson of the board shall also receiYe 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 count\" business."
SECTION 2.
Said Act is further amended by striking subsection (b) of Section 7 of said .-\ct and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Four members of the board other than the chairperson shall be compensated in the amount of $12,005.40 per annum to be paid in equal monthly installments. Each of the other members of the board shall also recehe an annual expense allowance of $3,000.00 per annum payable in equal monthly installments. These payments shall be made from the funds of Clayton County."
SECTION 3.
This Act shall become effectiYe on July 1, 1999.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
March 15, 1999
The Honorable Frank I. Bailey, Jr. Clayton County Legislati\"e Delegation

GEORGI.-\ L-\WS 1999 SESSIO!'\

4655

609 LegislatiYe Office Building Atlanta, Georgia 3033-l
Dear Frank:
This letter is to confirm that the Clayton County Delegation will introduce bills this year that will increase the salary of the Sheriff, Tax Commissioner, and Clerk of Superior Court, supplement of the Superior Court Judge, supplement of the District Attorney, compensation of the Coroner, Probate Judge, Chair and \.!embers of the Board of Commissioners, Judges and Solicitor, and Clerk of State Court. If these bills are approYed we will fund the increase in our next fiscal budget which begins July 1, 1999, and do therefore request the effecti,e date be July 1, 1999.
Should you haYe any questions, please so adYise.
Sincerely,
s/ C. Crandle Bray C. Crandle Bray, Chairman ClaY. ton Count\". Commission
CCB/kd
\.1ISCELL.\.'\EOCS
:'.\:OTICE OF I'.\:TE'.\:TIO:'.': TO I'.\:TRODCCE LOCAL LEGISL-\TIO!'\
:,..;otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .-\ct creating the Board of Commissioners of Clayton County, approYed February 8, 1995 (Ga. L. 1955, p. 2064), as amended; and for other purposes.
This 25th day of Feb., 1999.
Clayton County LegislatiYe Delegation
GEORGIA, FCLTOI\" coc:,..;TY
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 the RepresentatiYe from the 93rd District and further deposes and says as follows:
(1) That the attached '.\:otice of Intention to Introduce Local Legislation was published in the News Daily which is the official organ of Clayton County on the following date: March 5, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

-1656 LOC.-\L .-\'.\:D SPECI.-\L .-\CTS .-\..'\'D RESOLCTIO:\'S, \'OL. II
.L .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the gmerning authority of any county, municipality, or consolidated goYernment whose charter or enabling .-\ct 1s amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested bY resolution or other written notification of the gmerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated gmernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ FR.\'.\:K I. B.-\ILEY, JR. Representati,e, 93rd District
Sworn to and subscribed before me, this 12th day of '.\larch, 1999.
s/ TERES.-\ ..\DKI'.\:S '.\:otary Public, Clayton County, Georgia '.\fr Commission Expires Jan. 5, 2001 (SE.-\L)
.-\pprmed .-\pril 16, 1999.
CL.\\TO'.\: COC:\TY- CORO:\'ER; EXPE:\'SE ..\LLOW.-\..'JCE.
:'\o. 233 (House Bill '.\:o. 1011) .
.-\..'\' .-\CT
To amend an .-\ct proYiding for the compensation and expenses of the coroner of Clayton County, approYed '.\,larch 18, 1980 (Ga. L. 1980, p. 3511), as amended, particularly by an .-\ct approved ~larch 24, 1994 (Ga. L. 1994, p. 4068), so as to change the expense allowance of the coroner; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.

GEORGI.-\. L\\\'S 1999 SESSIO:'\

4657

BE IT E:'\ACTED BY THE GE:'\ER..\L .-\.SSE\-IBLY OF GEORGI.-\.:

SECTION 1.

An Act proYiding for the compensation and expenses of the coroner of Clayton County, approYed \-larch 18, 1980 (Ga. L. 1980, p. 3511), as amended, particularly by an .-\.ct approYed \ larch 24, 1994 (Ga. L. 1994, p. 4068), is amended by striking in its entirety subsection (a) of Section 1 and inserting in lieu thereof the following:

.. (a) In lieu of all fees for his or her senices, the coroner of Clanon

County shall receiYe an annual salary of S10,466.00. In addition to ~uch

salary, the coroner shall receiYe an expense allowance of S3,000.00 per

annum. Such salary and expense allowance shall be paid in equal

monthh,

installments

from

the

funds

of Clanon ,

CountY... ,

SECTION 2.

This Act shall become effectiYe on July 1, 1999.

SECTION 3.

.-\.11 laws and parts of laws in conflict with this .-\.ct are repealed.

\-larch 15, 1999

The Honorable Frank I. Bailey, Jr. Clayton County Legislati,e Delegation 609 Legislati,e Office Building Atlanta, Georgia 30334

Dear Frank:

This letter is to confirm that the Clayton County Delegation will introduce bills this year that will increase the salary of the Sheriff, Tax Commissioner, and Clerk of Superior Court, supplement of the Superior Court Judge, supplement of the District Attorney, compensation of the Coroner, Probate Judge, Chair and .\,!embers of the Board of Commissioners, Judges and Solicitor, and Clerk of State Court. If these bills are approYed we will fund the increase in our next fiscal budget which begins July 1, 1999, and do therefore request the effectiYe date be July 1, 1999.

Should you haYe any questions, please so adYise.

Sincerely,

s/ C. Crandle Bra\" C. Crandle Bray, Chairman Clayton County Commission

CCB/kd

-1658 LOCAL .-\.'\'D SPECIAL ACTS A.'\D RESOLL'TIO!'\S, \'OL. II
.\IISCELL-\.'.\EOL'S '.\'OTICE OF I!'\TE!'\TIO!'\ TO I:'.\TRODL'CE LOCAL LEGISL\TIO!'\
'.\'otice is gi\'en that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act pro\'iding for the compensation and expenses of the coroner of Clanon Counn, appro\'ed .\1arch 18, 1980 (Ga. L. 1980, p. 3511), as ame11ded; and f~r other purposes.
This 25th day of Feb., 1999.
Clayton County Legislathe Delegation
GEORGL\, Fl'LTO'.\' COL''.\'TY
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 the Representati\'e from the 93rd District and further deposes and sa\'s as follows:
(I) That the attached '.\'otice of Intention to Introduce Local Legislation was published in the '.\'ews Daily which is the official organ of Clayton County on the follmdng date: .\tlarch 5, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise pro\'ided to the gmerning authority of any county, municipality, or consolidated go\'ernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1 -14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the go\'erning authority of the affected county, municipality, or consolidated go\'ernment and a copy of such resolution or other \\Titten notification is attached hereto.
..L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated go\'ernment or the bill affects a local school system.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill ,ms pro\'ided to the county go\'erning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ FRA.l\'K I. BAILEY, JR. Representati\'e, 93rd District

GEORGL\ L-\WS 1999 SESSIO~
Sworn to and subscribed before me, this 12th day of \farch, 1999.
s/ TERESA .-\DKI:'\S :'\otary Public, Clayton County, Georgia \ly Commission Expires Jan. 5, 2001 (SE.-\L)
.-\pproYed .-\pril I 6, 1999.

4659

CL-\\TO~ COC~T\' - T.-\X CO\l\HSSIO~ER; COMPE~SATIO:'\.
:'\o. 234 (House Bill :'\o. 1012) .
.-\..'\' .-\CT
To amend an .-\ct consolidating the offices of tax receiYer and tax collector of Clayton County into the office of tax commissioner, approYed .-\ugust 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an .-\ct approYed .-\pril I, 1996 (Ga. L. 1996, p. 3i89), so as to change the prmisions relating to the salary of the tax commissioner; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT E:'\.-\CTED BY THE GE~ER-\L .-\SSE\lBLY OF GEORGI.-\:
SECTION 1.
.-\n .-\ct consolidating the offices of tax receiYer and tax collector of Clayton County in to the office of tax commissioner, approYed August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an .-\ct apprmed April 1, 1996 (Ga. L. 1996, p. 3i89), is amended by striking paragraph(}) of subsection (b) of Section i in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
.. (1) The tax commissioner of Clayton County shall receiYe an annual salary of S6i,130.i9 including any supplements and additional compensation for any additional sen-ices or duties which are paid pursuant to any state law or county ordinance, which are being receiYed on \farch 15, 1999, and which are paid from the funds of Clayton County. This shall not prohibit the gmerning authority of Clayton County from increasing the amount of any supplement or compensation for additional duties which the goYerning authority may la,dully pay to the tax commissioner on or after July 1, 1999."
SECTION 2.
This .-\ct shall become effectiYe on July I, 1999.
SECTION 3.
.-\11 laws and parts of laws in conflict with this .-\ct are repealed.

4660 LOCAL A'\JD SPECIAL ACTS A"D RESOLL'TIONS, \'OL. II
'.'vlarch 15, 1999
The Honorable Frank I. Bailey, Jr. Clayton County Legislati\'e Delegation 609 LegislatiYe Office Building Atlanta, Georgia 30334
Dear Frank:
This letter is to confirm that the Clayton County Delegation will introduce bills this year that will increase the salary of the Sheriff, Tax Commissioner, and Clerk of Superior Court, supplement of the Superior Court Judge, supplement of the District Attorney, compensation of the Coroner, Probate Judge, Chair and :Vlembers of the Board of Commissioners, Judges and Solicitor, and Clerk of State Court. If these bills are approYed we will fund the increase in our next fiscal budget which begins July 1, 1999, and do therefore request the effectiYe date be July l, 1999.
Should you haYe any questions, please so adYise.
Sincerely,
s/ C. Crandle Bray C. Crandle Bray, Chairman Clayton County Commission
CCB/ kd
MISCELL\.'.-iEOL'S :\'OTICE OF I:'.\/TE'.\/TION TO INTRODL'CE LOCAL LEGISL.\.TIO:t\'
:'.\/otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax receiYer and tax collector of Clanon Count\' into the office of tax commissioner, approYed August 18, 1925 (Ga. L. 1925, p. 600), as amended; and for other purposes.
This 25th day of Feb., 1999.
Clayton County LegislatiYe Delegation
GEORGIA, FL'LTOJ'\ COL'NTY
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 the RepresentatiYe from the 93rd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the News Daily which is the official organ of Clayton County on the following date: March 5, 1999.

GEORGI..\ L-\WS 1999 SESSIO.'.'\

4661

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the gO\erning authority of any county, municipality, or consolidated goYernment whose charter or enabling ..\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated goyernment and a copy of such resolution or other written notification is attached hereto.
;_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling ..\ct of a county or consolidated gO\ernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14. l.
s/ FR-\..1'\K I. BAILEY, JR. Representati,e, 93rd District
Sworn to and subscribed before me, this 12th day of Ylarch, 1999.
s/ TERESA ADKl:'\"S !\otary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL)
ApprO\ed April 16, 1999.

CL.\YfO!\ COC!\TY - PROBATE COCRT; JCDGE; CO.MPE:\'S..\TIO!\; DEPCTY ELECTIO.'.'\ SCPERI:KTE!\DE:KT.
!\o. 235 (House Bill :Ko. 1013).
A.1. " ACT
To amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, apprO\ed February 7, 1950 (Ga. L 1950, p. 2068), as amended, particularly by an Act approYed April 4, 1997 (Ga. L. 1997, p. 3755), so as to change the compensation of the judge of the probate court; to proYide for a deputy election superintendent and the appointment,

4662 LOCAL ,.\J.~D SPECIAL ACTS A.'-iD RESOLCTIO'.'\S, \'OL. II
duties, and compensation of such person; to pro,ide an effecthe date; to repeal conflicting laws; and for other purposes.
BE IT E'.\/ACTED BY THE GENERAL ASSE:VlBLY OF GEORGIA:
SECTION 1.
.An Act placing the judge of the Probate Court of Clayton County on an annual salary, appro\'ed February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approYed April 4, 1997 (Ga. L. 1997, p. 3755), is amended by striking Section 1 thereof and inserting in its place a new section to read as follows:
"SECTION 1.
The salary proYided in this section for the judge of the probate court shall be his or her full and complete compensation; and all fees or other emoluments now allowed, or hereafter allowed bY a1w authoritY of law, for which said judge is entitled heretofore and which he or she earns or receiYes by reason of being the probate judge whether under color of the office of probate judge or not shall henceforth be county funds and accountable as such in the same manner as other count\' funds recei\'ed by said judge of the probate court. The judge of the probate court shall receiYe an annual salary of $75,238.80 per annum including any supplements and additional compensation for ser\'ices which were being recei\'ed on :vlarch 15, 1999, which are paid pursuant to state law or county ordinance other than those supplements and additional compensation specifically proYided for in this section, and which are paid from the funds of Clayton County. Such salary shall be payable monthly out of the funds of Clavton Count\. This base salan amount shall be increased by the same pe,:centage or amount, or aYeiage percentage or a,erage amount, as applicable, by which minimum salaries of sheriffs are increased under Code Section 15-16-20 of the O .C.G.A., based upon annual state merit system compensation increases, which increase in base compensation shall become effectiYe upon the date in 2000 and in each Year thereafter on which such annual merit s,stem increases first becori1e effectiYe. In addition, said judge shall rec~iYe a salary supplement of $7,500.00 per annum payable in equal monthly installments from county funds for sen-ice as election superintendent as proYided for in Code Section 15-9-64 of the O.C.G.A. In addition, said judge shall also receiYe those fees authorized to be retained under Code Section 15-9-68, regarding Yitai records fees, as limited by any resolution of the go\'erning authority of Clayton County pursuant to Code Section 15-9-68."
SECTION 2.
Said Act is further amended by adding a new Section 3.1 to read as follows:
"SECTION 3.1.
The judge of the probate court is authorized to appoint an employee to serve as deputy election superintendent. Such person shall assist the

GEORGI.--\ L-\WS 1999 SESSIOJ\'

4663

judge in calling and conducting primaries, elections, and special elections and in performing such other duties as may be assigned by the judge. Such duties shall be in addition to any other duties which such person otherwise performs as an employee of the probate court or the county. :\'ot\,ithstanding the prmisions of Section 3 of this .--\ct, the deputy election superintendent shall recei,e compensation in addition to his or her regular compensation from county funds paid for the performance of his or her regular duties as an employee of the probate court or the county an additional sum equal to Sl,200.00 per annum plus 1 percent of the then current compensation paid to such person as an employee of the probate court of the county multiplied by the number of complete years such person has sened as an employee of the probate court or the county or both since ~fay 1, 1983. Such sum shall be payable in equal monthly installments from the funds of Clayton County. Any annual increase in compensation based on years of senice completed afterJuly 1, 1999, shall be payable beginning on July 1 of each such subsequent year. :\'ot\,ithstanding the preceding pro,isions of this section, the deputy election superintendent shall not receiYe the additional compensation prmided by this section for any month in which he or she also receiYes any sum as oYertime pay for the performance of his or her duties as an employee of the county or the court."
SECTION 3.
This .--\ct shall become effectiYe on July 1, 1999.
SECTION 4.
-\II laws and parts of laws in conflict with this Act are repealed.
~larch 15, 1999
The Honorable Frank I. Bailey, Jr. Clayton County Legislati,e Delegation 609 Legislati\e Office Building Atlanta, Georgia 30334
Dear Frank:
This letter is to confirm that the Clayton County Delegation will introduce bills this \'ear that will increase the salar\' of the Sheriff, Tax Commissioner, and Clerk of Superior Court, supple{nent of the Superior Court Judge, supplement of the District Attorney, compensation of the Coroner, Probate Judge, Chair and Members of the Board of Commissioners, Judges and Solicitor, and Clerk of State Court. If these bills are appro\'ed we will fund the increase in our next fiscal budget which begins July 1, 1999, and do therefore request the effectiYe date be July I, 1999.

-1664 LOCAL .-\..,D SPECIAL ACTS .-\..,D RESOLCTIO:\'S, \'OL. II
Should you haYe any questions. please so adYise.
Sincerely.
s/ C. Crandle Bray C. Crandle Bray, Chairman Cla,.ton Count\.' Commission
CCB/kd
:VIISCELL-\..,EOCS ~OTICE OF I~TE~TIO~ TO I~TRODCCE LOCAL LEGISL\TIO~
~otice is ghen that there will be introduced at the regular I999 session of the General Assembly of Georgia a bill to amend an .-\.ct placing the judge of the Probate Court of Clayton County on an annual salary, approYed February 7. 1950 (Ga. L. 1950, p . 2068). as amended; and for other purposes.
This 25th day of Feb.. 1999.
Clayton County LegislatiYe Delegation
GEORGI.-\., FCLTO~ COC!'\TY
Personally appeared before me. the undersigned authority, duh authorized to administer oaths. Frank I. Bailey.Jr.. who on oath deposes and says that he is the RepresentatiYe from the 93rd District and further deposes and saYs as follows:
(1) That the attached :\'otice of Intention to Introduce Local Legislation was published in the ~ews Daily which is the official organ of Clayton County on the following date: March 5. 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed. transmittt'd by facsimile. or otherwise proYided to the goyerning authority of any county. municipality, or consolidated goYernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-1-1.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county. municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
.JL The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a

GEORGL\. L-\WS 1999 SESSION

4665

municipality or the enabling .-\ct of a county or consolidated goYernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1 -1-1.1.
s/ FR-\.."\iK I. BAILEY, JR. Representati,e, 93rd District
Sworn to and subscribed before me, this 12th day of ~farch , 1999.
s/ TERESA .-\DKI:-.:S :-.:otary Public, Clayton County, Georgia ~ly Commission Expires Jan. 5, '.WOI (SEAL)
Apprmed April 16, 1999.

CL-\\TO:-.: coc:-.:TY - STATE COLRT; CHIEF JCDGE; SOLICITORGE:-.:ER-\L; CO~IPE~SATION.
:-.:o. 236 (House Bill :-.:o. 1014) .
.-\.."\i .-\CT
To amend an .-\ct creating the State Court of Clayton County, approYed January 28, 1964 (Ga. L. 1964, p. 2032) , as amended, particularly by an Act apprmed April 4, 1997 (Ga. L. 1997, p. 3743), so as to change the prmisions relating to the chief judge of said court; to change the compensation of the solicitor-general of said court; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT :-.:ACTED BY THE GE~ER-\L .-\SSE~IBLY OF GEORGL-\:
SECTION l.
An .-\ct creating the State Court of Clayton County, approYed January 28, 1964 (Ga. L. 1964, p . 2032), as amended, particularly by an .-\ct apprmed April 4, 1997 (Ga. L. 1997, p. 3743), is amended by striking subsection (a) of Section 3B and inserting in its place the following:
.. (a) The judge of the State Court of Clayton County who has sen-ed the longest period of time in office as judge of said court shall be the chief judge of the State Court of Clayton County."
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:

4666 LOCAL .-\..'\'D SPECIAL ACTS .-\..'\'D RESOLLTIO~S. \'OL. II
"SECTIO~ 6.
Salary of solicitor-general.
The solicitor-general of said court shall receive a salary composed of a base salary of S59,616.00 per annum plus 1 1/2 percent of such base salary and any supplement received pursuant to state law or county ordinance multiplied by the number of complete years of sen-ice as
solicitor-general served by such person since January I. 1988. Such
longevity increase shall be calculated and payable as of the anniversary date of such person's becoming solicitor-general. Such salary shall be payable in equal monthly installments by the board of commissioners out of the general funds of Clayton County. The solicitor-general of said court shall receive no other compensation for serving as solicitor-general of said court and shall not engage in the private practice of law in any capacity during his or her tenure as solicitor-general of said court and shall not be eligible to hold any other public office while sening as solicitor-general of said court."
SECTION 3.
This Act shall become effective on July 1, 1999.
SECTION 4.
.-\II laws and parts of laws in conflict with this .-\ct are repealed.
\.larch 15, 1999
The Honorable Frank I. Bailey, Jr. Clayton County Legislative Delegation 609 Legislative Office Building Atlanta, Georgia 30334
Dear Frank:
This letter is to confirm that the Clayton County Delegation will introduce bills this ,ear that will increase the salarv of the Sheriff, Tax Commissioner, and Clerk of Superior Court, supplei'nent of the Superior Court Judge, supplement of the District Attorney, compensation of the Coroner, Probate Judge, Chair and \lembers of the Board of Commissioners, Judges and Solicitor, and Clerk of State Court. If these bills are approved we will fund the increase in our next fiscal budget which begins July 1, 1999, and do therefore request the effective date be July 1, 1999.
Should yon have any questions, please so advise.
Sincerely,
s/ C. Crandle Bray C. Crandle Bray, Chairman Clav. ton Countv, Commission
CCB/ kd

GEORGI.-\ L\\\'S 1999 SESSIO:'\

4667

'.\IISCELL-\.~EOL'S :'\OTICE OF l:'\TE~TIO:'\ TO l:'\TRODCCE LOC.-\L LEGISL\TIO:'\
:'\otice is ghen that there will be introduced at the regular 1999 session of the General .-\ssembly of Georgia a bill to amend an .-\ct creating the State Court of Clayton County apprmedjanuary 28, 1964 (Ga. L. 1964, p. 2032). as amended; and for other purposes.
This 25th day of Feb.. 1999.
Clayton County LegislatiYe Delegation
GEORGL\, FCLTO:'\ COC:'\TI'
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 the Representathe from the 93rd District and further deposes and sa\'S as follows:
(l) That the attached :'\otice of Intention to Introduce Local Legislation was published in the :'\ews Daily which is the official organ of Clayton County on the following date: '.\farch 5, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed, transmitted by facsimile , or otherwise pro,ided to the gmerning authority of any county, municipality, or consolidated goyernment whose charter or enabling .-\ct 1s amended, as requi1ed by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goyerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
..L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated goyernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was pro,ided to the county g<werning authority within which the area proposed to be annexed is located at the time the notice was published,

4668 LOCAL A'P\1D SPECIAL ACTS .-\..""1D RESOLCTIO:\'S, \'OL. II
as required by Code Section 28-1-14.1.
s/ FR.-\.1. ':K I. BAILEY, JR. RepresentatiYe, 93rd District
Sworn to and subscribed before me, this 16th day of March, 1999.
s/ TERESA ADKI:\'S :\'otary Public, Clayton County, Georgia '.\1y Commission Expires Jan. 5, 2001 (SEAL)
ApproYed April 16, 1999.
CLAYTO::\' COC!'\TI' - SCPERIOR COCRT; CLERK; CO'.\1PE:\'SATIO::\'.
::\'o. 237 (House Bill ::\'o. 1015) .
.-\..1': ACT
To amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, apprmed February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an .\ct approYed April 5. 1994 (Ga. L. 1994, p. 4882), so as to increase the salary of the clerk of the Superior Court of Clayton County; to proYide an effecthe date; to repeal conflicting laws; and for other purposes.
BE IT E~ACTED BY THE GE!'\ER.\L ASSDIBLY OF GEORGIA:
SECTION 1.
An Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approYed February 25, 1949 (Ga. L. 1949. p. 1910), as amended, particularly by an .\ct approYed April 5, 1994 (Ga. L. 1994, p. 4882), is amended by striking in its entirety paragraph (I) of subsection (c) of Section 1 and inserting in lieu thereof the following:
" (l) The clerk of the Superior Court of Clayton County shall receiYe a total annual salary of S67,130.79 including any supplements and additional compensation for sen-ices in other courts which are paid pursuant to state law or county ordinance, which are being receiYed on March 15, 1999, and which are paid from the funds of Clayton County. This shall not prohibit the goYerning authority of Clayton County from increasing the amount of any supplement or compensation for additional duties which the gmerning authority may la\\fully pay to the clerk on or after July I. 1999."
SECTION 2.
This .\ct shall become effectiYe on July I, 1999.

GEORGL\ L-\WS 1999 SESSIO'.',;

-1669

SECTION 3.
.-\II laws and parts of laws in conflict with this .-\ct are repealed.
'.\larch 15, 1999
The Honorable Frank I. Baile\", Jr. Clayton County LegislatiYe Delegation 609 Legislathe Office Building Atlanta, Georgia 3033-l
Dear Frank:
This letter is to confirm that the Clayton County Delegation will introduce bills this year that will increase the salary of the Sheriff, Tax Commissioner, and Clerk of Superior Court, supplement of the Superior Court Judge, supplement of the District .-\ttorney, compensation of the Coroner, Probate Judge, Chair and '.\ilembers of the Board of Commissioners, Judges and Solicitor, and Clerk of State Court. If these bills are approYed we will fund the increase in our next fiscal budget which begins July I, 1999, and do therefore request the effecthe date be July I, 1999.
Should you ha\e any questions, please so adYise.
Sincerely,
s/ C. Crandle Bray C. Crandle Bray, Chairman Cla.non Count\". Commission
CCB/ kd
'.\HSCELL\.,. EOCS ~OTICE OF I~TE'.'-iTIO'.\i TO I~TRODCCE LOCAL LEGISL-\TION
~otice is ghen that there will be introduced at the regular 1999 session of the General .-\ssembly of Georgia a bill to amend an Act placing the sheriff and the clerk of the Superior Court of Clayton County on an annual salary, apprO\ed February 25, 1949 (Ga. L. 1949, p. 1910), as amended: and for other purposes.
This 25th day of Feb., 1999.
Clayton County LegislatiYe Delegation
GEORGL-\, FCLTO~ COC~TY
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 the RepresentatiYe from the 93rd District and further deposes and sa\"s as follows:

46i0 LOC.-\L .-\.,D SPECIAL .-\CTS .-\..,D RESOLL'TIO:'\S, \'OL. II
(1) That the attached :'\otice of Intention to Introduce Local Legislation was published in the '.'\ews Daily which is the official organ of Clayton County on the following date: \1arch 5, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, municipality, or consolidated goYernment whose charter or enabling .-\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated goyernment and a copy of such resolution or other written notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated goYernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ FR-\..,K I. BAILEY. JR. RepresentatiYe, 93rd District
Sworn to and subscribed before me, this 12th day of :Vlarch, 1999.
s/ TERESA .-illKI!'\S :'\otary Public, Clayton County, Georgia ~ly Commission Expires Jan. 5, 2001 (SE.-\L)
.-\pproYed .-\pril 16, 1999.
CL\\TO:'\ JL'DICL-\L CIRCCIT - JCDGES; S.-\L\RY SL'PPLE~lE:'\T.
:'\o. 238 (House Bill :'\o. 1016) .
.-\.., .-\CT
To amend an .\ct prodding for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, approYed April 10. 1969 (Ga. L. 1969, p. 353), as amended, particularly by an .-\ct approYed

GEORGIA L-\WS 1999 SESSIO~

46i1

:'vlarch 24, 1994 (Ga. L. 1994. p. 4062), so as to change the county supplement to the state salary of said judges; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT E'.\:.-\CTED BY THE GE:\'ER-\L ASSEMBLY OF GEORGIA:
SECTION 1.
An .-\ct pro,iding for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, approYed April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act apprmed March 24. 1994 (Ga. L. 1994. p. 4062). is amended by striking Section 1 of said .-\ct and inserting in its place the following:
"SECTIO:'.\' 1.
In addition to the salary payable from state funds, each judge of the Superior Court of the Clayton Judicial Circuit shall recehe a supplement of S2i,000.00 per annum, payable in equal monthly installments out of the funds of Clayton County. The gmerning authority of Clayton County is authorized and directed to pay to each such judge the compensation proYided for in this section.
SECTION 2.
This .-\ct shall become effectiYe on July 1, 1999.
SECTION 3.
All laws and parts of laws in conflict with this .-\ct are repealed.
\-larch 15, 1999
The Honorable Frank I. Bailey, Jr. Clayton County LegislatiYe Delegation 609 LegislatiYe Office Building Atlanta, Georgia 30334
Dear Frank:
This letter is to confirm that the Clayton County Delegation will introduce bills this year that ,\ill increase the salary of the Sheriff, Tax Commissioner, and Clerk of Superior Court, supplement of the Superior Court Judge, supplement of the District Attorney, compensation of the Coroner, Probate Judge, Chair and Members of the Board of Commissioners, Judges and Solicitor, and Clerk of State Court. If these bills are approYed we will fund the increase in our next fiscal budget which begins July 1, 1999, and do therefore request the effectiYe date be July 1, 1999.

4672 LOCAL .-\..'W SPECIAL ACTS .-\..'\;D RESOLCTIO'.'liS, \'OL. II
Should you ha,e any questions, please so adYise.
Sincerely,
s/ C. Crandle Bray C. Crandle Bray, Chairman Clayton County Commission
CCB/ kd
YIISCELL-\..~EOCS :--.:OTICE OF I'.'liTDffION TO I'.\ITRODCCE LOCAL LEGISL\TION
:--.:otice is gi,en that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act prmiding for a salary supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, approYed April 10, 1969 (Ga. L. 1969, p. 353), as amended; and for other purposes.
This 25th day of Feb., 1999.
Clayton County LegislatiYe Delegation
GEORGL\, FCLTO!\' COC'.\'TY
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 the RepresentatiYe from the 93rd District and further deposes and saYs as follows:
(I) That the attached :--.:otice of Intention to Introduce Local Legislation was published in the :--.:ews Daily which is the official organ of Clayton County on the following date: Ylarch 5, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the gmerning authority of any county, nmnicipality, or consolidated goYernment whose charter or enabling .-\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill ,ms requested by resolution or other written notification of the goyerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
.:L The notice requirement of subsection (b) of Code Section 28-1-1-t does not apply because the bill does not amend the charter of a

GEORGIA L\WS 1999 SESSIO:\'

4673

municipality or the enabling Act of a county or consolidated goYernment or the bill affects a local school system.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within "hich the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ FR-\.."l\'K I. BAILEY, JR. RepresentatiYe, 93rd District
S,rnrn to and subscribed before me, this 12th day of \-larch, 1999.
s/ TERESA .-\DKl'.'\S '.'\otary Public, Clayton County. Georgia \ ly Commission Expires Jan. 5, 2001 (SEAL)
ApprO\ed ..\.pril 16, 1999.

CL.\.\TO'.'\ COC'.':TY \<\'ATER ACTHORITY - CHAIRPERSO'.'\, SECRETARY, .-\..,D \IE\IBERS; CO\IPE:\'SATIO'.'\.
'.'\o. 239 (House Bill '.'\o. 1017) .
.-\.., ACT
To amend an ..\.ct creating the Clayton County Water Authority, approYed \-larch 7, 1955 (Ga. L. 1955, p. 3344), as amended, particularly by an Act apprO\ed April 17. 1987 (Ga. L. 1987, p. 5488), so as to change the compensation of the chairperson, secretary, and other members of the authority; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT E'.':ACTED BY THE GE'.\'ER.\.L ASSE\IIBLY OF GEORGIA:
SECTION 1.
..\.n ..\.ct creating the ClaYton County Water Authority, approYed '.\1arch 7, 1955 (Ga. L. 1955, p. 3344), as amended, particularly by an Act approYed April 17, 1987 (Ga. L. 1987. p. 5488), 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:
.. (b) The chairperson shall be compensated in the amount of S350.00 per month, the secretary S325.00 per month, and each of the other members S300.00 per month which shall be payable out of the earnir.gs of the authorit\...

4674 LOCAL ..\.'l.;D SPECIAL ACTS ..\.'l.;D RESOLCTIONS, \'OL. II
SECTION 2.
This .--\ct shall become effectiYe on July 1, 1999.
SECTION 3.
All laws and parts of laws in conflict with this .-\ct are repealed.
:VIISCELL.\."\iEOCS '.\iOTICE OF I~TE~TION TO I;\;TRODCCE LOCAL LEGISL\TION
'.\iotice is ghen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act creating the Clayton County Water Authority, approYed '.'vlarch 7, 1955 (Ga. L. 1955, p. 3344), as amended; and for other purposes.
This 25th day of Feb., 1999.
Clayton County LegislatiYe Delegation
GEORGI.--\, FCLTON COC~TY
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 the RepresentatiYe from the 93rd District and further deposes and saYs as follows:
(1) That the attached ~otice of Intention to Introduce Local Legislation was published in the '.\iews Daily which is the official organ of Clayton County on the following date: '.'vlarch 5, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise prmided to the goYerning authority of any county, municipality, or consolidated goYernment whose charter or enabling .--\ct is amended, as required by subsection (b) of Code Section 28-1-1-!.
_ The notice requirement of subsection (b) of Code Section 28-1-1-! does not apply because the bill was requested by resolution or other written notification of the goyerning authority of the affected county, municipality, or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.
.:L The notice requirement of subsection (b) of Code Section 28-1-1-! does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated goYernment or the bill affects a local school system.
_ The notice requirement of subsection (b) of Code Section 28-1-1-! does not apply because the bill is an annexation bill and a copy of the bill

GEORGI.-\ L-\WS 1999 SESSIO'.\'
was proYided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ FR.\.."\"K I. BAILEY.JR. RepresentatiYe, 93rd District
Sworn to and subscribed before me, this 12th daY of ~larch, 1999.
s/ TERESA ..\DKI:"1/S :--:otarY Public, Clayton County, Georgia ~IY Commission Expires Jan. 5, 2001 (SEAL)
.-\pprmed April 16, 1999.
OCOt\EE COC'.\'TY - BOARD OF EDCCATIO:--:; CO\IPE:--:S.-\TIO:--: .
:--:o. 2-10 (House Bill :--:o. 1019) .
.-\:--: .-\CT
To proYide for the compensation of the Oconee CountY board of education; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT E:--:ACTED BY THE GE:--:ER.\L .-\SSE~IBLY OF GEORGI.-\:
SECTION 1.
The members of the Oconee Count\" Board of Education shall be compensated as pro,ided in this .-\ct. Each board member, including the chairperson, shall recei\e a salary ofS150.00 per month, paYable in equal monthly installments. All such amounts shall be payable from local tax funds a,ailable to the Oconee County School District. The compensation for a giYen month may be withheld for anY member of the board of education who fails to attend any official board meeting for that month. Compensation may be withheld onlY bY majority Yote of the other board members in open meeting.
SECTION 2.
This .-\ct shall become effectiYe on JulY I, 1999.
SECTION 3.
.-\II laws and parts of laws in conflict with this ..\ct are repealed.
:--:OTICE OF l'.\'TE:--:TIO:--; TO 1:--:TRODL'CE LOC.\L LEGISL.\TIO:--:
ST.-\TE OF GEORGIA OCO!'\EE COC'.\'TY

--1-676 LOC.--\L .-\..'\D SPECI.--\L ACTS .-\..~D RESOLL'TIO:'\S, \'OL. II
:'\otice is hereby giYen that there will be introduced at the regular 1999 Session of the General .--\ssembly of Georgia a Bill to amend an Act pro,iding for the creation of the Oconee County Board of Education, (Ga. Laws 1964. page 911), as continued by an .--\ct of the 1986 General .--\ssembl~. (Ga. La\\s 1986, page 4:'i62), proYiding for compensation of. members of the Oconee County Board of Education, and for other purposes.
This 8th day of February. 1999.
Chuck Horton, Chairman Oconee CountY Board of Education
GEORGI.--\, FL'LTO:'\ coc:--:n
Personally appeared before me. the undersigned authority, duly authorized to administer oaths. Bob Smith, ,rho on oath deposes and says that he is the Represen tatiYe from the 91 st District and further deposes and says as follmrs:
(1) That the attached :'\otice of Intention to Introduce Local Legislation was published in the Oconee Enterprise ,rhich is the official organ of Oconee County on the follmdng date: February 11, 1999.
(2) That the laws requiring notice of local legislation were further complied ,rith in the manner checked belmr:
_ .--\ copy of the notice of intention ,ras mailed, transmitted by facsimile, or otherwise JXOYided to the gmerning authority of any county, municipality, or consolidated goYernment \\hose charter or enabling .--\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not applY because the bill was requested by resolution or other \\Titten notification of the goYerning authority of the affected county, municipality, or consolidated gmernment and a copy of such resolution or other \\Titten notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .--\ct ofa counn or consolidated goYernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goyerning authority \\ithin which the area proposed to be annexed is located at the time the notice ,ras published, as required by Code Section 28-1-14.1.
s/ BOB S'.\IITH Represen tatiYe, 91 st District

GEORGI.-\. L\WS 1999 SESSIO:\"
S\\orn to and subscribed before me, this 15th day of \,larch, 1999. s/ TERESA .-\DKl:\"S
:\"otary Public, Clayton County, Georgia :Vly Commission Expires Jan. 5, 200 l (SE.-\L)
.-\pproYed .-\pril 16, 1999.

--1677

SPRI~GBROOK GOLF COCRSE CO\l\,lISSIO:\" - CRE.-\TIO:'\.
:'\o. 241 (House Bill :\"o. 1021) .
.-\.."-: .-\CT
To create the Springbrook Golf Course Commission; to pro,ide for a short title; to prO\ide for definitions; to prO\ide for membership, officers, and practices and procedures; to proYide for terms and Yacancies; to prO\ide for the powers and duties of the commission; to authorize such commission to acquire, construct, equip, maintain, and operate the Springbrook Golf Course and related buildings and the usual and c01n-enient facilities appertaining to such undertakings or for any other facilities or projects, or the extensions and improYements of such or any other facilities; to authorize the commission to do all things deemed necessary or con\'enient for the operation of such undertakings; to authorize the issuance of re\'enue bonds or other legally permitted forms of capital or operating financing obligations of the commission, payable solely from the reYenues, tolls, fees, charges, and earnings of the commission including, but not limited to, earnings deri,ed from leases and income from COJH"eyances of real property of the commission, and to pay the cost of such undertakings and authorize the collection and pledging of the re,enues and earnings of the commission for the payment of such bonds or obligations and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to prO\ide that no debt of the State of Georgia shall be incurred in the exercise of any of the powers granted by this .-\ct; to proYide that Gwinnett County shall stand as guarantor of all bonds issued by the commission; to make the bonds or obligations of the commission exempt from taxation; to authorize the issuance of refunding bonds or obligations; to fix the Yenue or jurisdiction of actions relating to any pro\'isions of this .-\ct and to proYide that such bonds or obligations be Yalidated; t,) proYide for rules and regulations; to proYide for budgets, audits, and payments; to proYide for accounts; to prO\ide for construction; to proYide for other matters related to the foregoing; to proYide for se,erability; to prO\ide an effecti,e date; to repeal conflicting laws; and for other purposes.

4678 LOCAL .-\..".:D SPECIAL ACTS .-\.."lD RESOLCTIO:\S, \'OL. II
BE IT :\ACTED BY THE GE:\:ER--\L ASSEMBLY OF GEORGI.--\:
SECTION 1.
Short title.
This ...\ct shall be known and may be cited as the "Springbrook Golf Course Commission .--\ct."
SECTION 2.
Definitions.
(a) .--\s used in this Act, the term:
(1) "Commission" means the Springbrook Golf Course Commission created in Section 3 of this .--\ct. The commission shall ha\'e all powers of an authoritY and eYenwhere the ,rnrd " commission .. is used it shall include the w~rd "auth~rity, .. as said term is used in the Constitution of the State of Georgia and the la\\s relating thereto.
(2) "Corporate purposes" means all acts which the commission shall deem necessary for the proper operation of the Springbrook Golf Course located at Camp Perrin Road, LawrenceYille, G.--\ 30043.
(3) "Cost of the project" shall embrace the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired and the cost of all con\'eyances in fee simple of the commission s title thereto and leases thereof; the cost of preparing the land, including the installation of storm and sanitary sewers; the cost of all machinery, equipment. and furnishings related to the operation of the project; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal and legal expenses and other expenses necessary or incident to determining the feasibilitY or practicability of the project; administrati\'e expenses and such other expenses as ma, be necessary or incident to the financing authorized by this ...\ct; and the cost of placing the project into operation . .--\.n\' obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and ma\' be paid or reimbursed as such out of any funds of the commission, including the proceeds of re\'enue bonds issued under the pro\'isions of this ...\ct for such project or projects.
(4) "Project" shall be deemed to mean and include the acquisition, construction. equipping. maintenance, and operation of the Springbrook Golf Course and related buildings or other authorized facilities, located on Camp Perrin Road, La\\Tence\'ille, G...\ 30043, and the usual and con\'enient facilities appertaining to such undertakings and extensions and impro\'ements of such facilities; acquiring the necessary property therefor, both real and personal, so as to assure the

GEORGIA L\WS 1999 SESSION

46i9

efficient and proper deYelopment, maintenance, and operation of such recreational facilities and areas deemed by the commission to be necessary, conYenient, or desirable.
(5) "ReYenue bonds," "'bonds," and "obligations shall mean reYenue bonds as defined and pro,ided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "ReYenue Bond Law," and such type of obligations may be issued by the commission as authorized under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Re,enue Bond Law," and, in addition, such term shall also mean obligations of the commission the issuance of which are specifically proYided for in this Act or to proYide for capital financing contracts as authorized within Code Section 36-60-13 of the O.C.G.A. A.ll bonds referred to under this Act shall in aggregate be capped at SS,000,000.00.
(b) Any project shall be deemed "self-liquidating" if, in the judgment of the commission, the reYenues and earnings to be deriYed by the commission therefrom and all properties used, leased, and sold in connection therewith, together with grants which may be receiYed for the benefit of the project from the Cnited States of America or the State of Georgia or any agency or instrumentality of either of them, will be sufficient to pay the cost of operating, maintaining, repairing, improYing, and extending the project and to pay the principal of and interest on the reYenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
SECTION 3.
Springbrook Golf Course Commission.
(a) There is created a body corporate and politic to be known as the Springbrook Golf Course Commission (hereinafter "commission"), which shall be deemed to be a political subdiYision 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, except that the commission or a trustee acting under a trust indenture shall in no eYent be liable for am torts committed bY a1w of the officers, agents. and employees thereof. The commission is g1:ant~d the same exemptions and exclusions from taxes as now or hereafter may be granted to cities and counties for the construction, acquisition. and operation of facilities similar to facilities to be operated by the commission as proYided under the proYisions of this Act.
The commission shall consist of foe members, the majority of whom shall be residents of Gwinnett County, Georgia. Such members shall be appointed by the Board of Commissioners of Gwinnett County (hereinafter the "county"). After the effectiYe date of this Act, each member of the Board of Commissioners of Gwinnett County shall appoint one member of

-Hi80 LOCAL .-\XO SPECL-\.L ACTS .-\XO RESOLL'TIOXS. \'OL II
the commission. Commission members appointed bY the district commissioners for Districts Two and Four shall serYe from the date of such appointment through December 31, 2002, and until their successors are appointed and assume office. Commission members appointed by the district commissioners for Districts One and Three, as well as the commission member appointed by the chairperson of the board of commissioners, shall sene from the date of such appointment through December 31, 2000, and until their successors are appointed and assume office. L'pon the expiration of the term of office of each of the initially appointed members. the Yacancies created by the expiration of said terms shall be filled bY an appointment by the respecti\'e commissioner who appointed the member who last filled the office that is ,,1eant. Each member so selected shall serYe for a term of four ,ears which shall nm concurrenth "ith the term of the appointing member of the Board of Commissioners of G\\innett County. \ 'acancies occurring other than by expiration of the term of office shall be filled in like manner for the balance of the term. The commission shall elect one of its members as chairperson and another member as Yice chairperson and shall also elect a secretary and a treasurer. '.\either the secretary nor the treasurer shall be required to be a member of the commission and, if not a member, he or she shall haYe no ,oting rights. .-\ m,tjority of the members of the commission shall constitute a quorum necessary for the transaction of business and a majority \'Ote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action authorized and permitted by law. Xo rncancy shall impair the right of the quorum to transact any and all business in accordance "ith the foregoing procedure. The members of the commission shall serYe \\ithout compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The commission shall make rules and regulations for its own goYernment. It shall h,n-e perpetual existence.
SECTION 4.
Powers.
The commission shall haYe powers:
(I) To haYe a seal and alter the same at pleasure;
(2) To acquire bY purchase, lease, or othernise and to hold, lease, and dispose of real and personal property of eYery kind and character for its corporate purposes;
(3) To acquire in its own name by purchase or gift or otherwise, on such terms and conditions and in such manner as it may deem proper. real property or rights or easements therein or franchises necessary or comenient for its corporate purposes; to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use or disposition of the same in any manner it deems to the best ad\'antage of the commission;

GEORGL\ L\WS 1999 SESSIO:--:

4681

(4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respectiYe compensation;
(5) To make contracts and leases and to execute all instruments necessary or conYenient, including contracts for the construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by co1n-eyance of its title in fee simple of real and personal property of eYery kind and character; and any and all persons, firms, and corporations and any and all political subdiYisions. departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the commission upon such terms and for such purposes as they deem adYisable;
(6) To construct, erect, acquire. mrn, repair, remodel, maintain, add to, extend, improYe, equip, operate, and manage projects, as defined in this .-\ct, the cost of any such project to be paid, in whole or in part, from the proceeds of rnenue bonds or any other sources of funds of the commission or from such proceeds or other funds and any grant from the Cnited States of America or the State of Georgia or any agency or instrumentality of either of them;
(7) To accept loans or grants of money or materials or property of any kind from the Cnited States of America or any agency or instrumentality thereof, upon such terms and conditions as the l'nited States of America or such agency or instrumentality may impose;
(8) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency, instrumentality, or political subdiYision thereof, upon such terms and conditions as the State of Georgia or such agency, instrumentality, or political subdiYision may impose;
(9) To bo1To\\ money for any of its corporate purposes and to execute eYidences of such indebtedness and to secure the same and to issue negotiable reYenue bonds or other legally permitted forms of financing payable solely from the funds pledged for that purpose, and to proYide for the payment of the same and for the rights of the holders thereof;
(I 0) To exercise any power usually possessed by priYate corporations performing similar functions which is not in conflict with the Constitution and la\\s of this state;
( 11) From time to time, to sell, lease, grant, exchange, or othen\"ise dispose of any surplus property, both real or personal, or interest therein not requir~d in the normal operation of and usable in the furtherance of the purpose for which the commission ,rns created,

-Hi82 LOC.-\L .-\.'\'D SPECIAL ...\CTS .-\.'\'D RESOLCTIO~S. \'OL. II

except as such right and po\\er may be limited as proYided in Section 17 of this ...\ct; and

( 12) To do all things necessary or comenient to carry out the powers expressly gi,en in this ...\ct.

SECTION 5.

ReYenue bonds.

The commission. or am authorit, or bod\' which has or which ma\' in the

future succeed to the powers, dt1ties. and. liabilities ,ested in the commis-

sion created by this ...\ct, shall haYe power and is authorized at one time or

from time to time to proYide by resolution for the issuance of negotiable

reYenue bonds for the purpose of paying all or any part of the cost as

defined in this ...\ct of any one or more projects to establish a reasonable

debt sen-ice reser\'e in connection with any bond issued. The principal of

and interest on such reYenue bonds shall be payable solely from the special

fund prmided for in this ...\ct for such payment. The bonds of each issue

shall bear interest from the date of such bonds at such rate or rates as shall

be determined by the commission without regard to any limit prescribed in

...\rticle 3 of Chapter 82 of Title 36 of the O.C.G....\., the "ReYenue Bond

Law," or any other hm. Interest on any such bonds shall be payable

semiannualh.-

or

at

such

other

times

as

ma,.

be

determined

b, ,

the

commission. Principal on such bonds shall mature at such time or times

not exceeding -10 years from their date or dates, shall be payable in such

medium ofpannent as to both principal and interest as may be determined

by the commission an,! ma\' be made redeemable before n,aturity, at the

option of ,he commission. at such price or prices and under such terms

and

conditions

as

ma,.

be

fixed

bY ,

the

commission

in

the

resolution

proYiding for the issuance of the bonds. Such reYenue bonds or obligations

shall be issued pursuant to and in conform it\' with the procedures set forth

in ...\rticle 3 of Chapter 82 of Title 36 of the O.C.G....\., the "Re,emte Bond

Ln\',.. and all procedures pertaining to such issuance, including the

issuance of bonds in exchange for outstanding bonds, the \'alidation

certificate of the clerk of the superior court, and the execution of the same,

shall be the same as those contained in ...\.rticle 3 of Chapter 82 of Title 36

of the O.C.G....\., the "ReYenue Bond Law...

SECTION 6.

Same; form; denomination; registration; place of payment.

The commiss;on 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, trust company, or financial institution regularh engaged in such business within or outside the state. The bonds may be issued in coupon or registered form, or both, as the commission may determine and prmision ma, be made for the

GEORGL-\. L\\-\'S 1999 SESSIO'.\'

-1683

registration of any coupon bond as to principal alone and also as to both the principal and interest. The commission may make such 1xmisions for exchangeability, transfer, and the like as the commission may deem proper.
SECTION 7.
Same; signatures; seal.
All such bonds shall be signed by the chairperson of the commission and attested by the secretary and treasurer of the commission and the official seal of the commission shall be affixed thereto. Any coupons attached thereto shall bear the facsimile signatures of the chairperson and secretary and treasurer of the commission. Any coupon may bear the facsimile signatures of such persons and any bond may be signed. sealed, and attested on behalf of the commission by such persons as at the actual time of the execution of the bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not han been so authorized or shall not haYe held such office. In case a,n- officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before deliYerY of such bonds, such signature shall neYertheless be Yalid and sufficient for all purposes the same as if he or she had remained in office until such delherY.
SECTION 8.
Same; negotiability; exemption from taxation.
All re\enue bonds or other permitted forms of capital financing issued under the proYisions of this ..\ct shall haYe and are declared to haYe all the qualities and incidents of negotiable instruments under the hnrs of this state. Such bonds or other debt are declared to be issued for an essential public and goYernmental purpose; and such bonds and the income therefrom shall be exempt from all taxation within the state.
SECTION 9.
Same; sale; proceeds.
The commission n1aY sell such bonds in such manner and for such price as it ma\ determine t~ be for the best interest of the commission and the proceeds deriYed from the sale of such bonds shall be used soleh for the purpose prmided in the proceedings authorizing the issuance of such bonds.
SECTION 10.
Same; interim receipts and certificates or temporary bonds.
Prior to the preparation of definitiYe bonds, the commission may, under like restrictions, issue interim receipts, interim certificates, or temporary

-!68-! LOCAL .-\.,D SPECIAL ACTS .-\.,D RESOLCTIO'.'\S, \'OL. II
bonds, with or without coupons exchangeable for definitiYe bonds upon the issuance of the latter.
SECTION 11.
Same; replacement of lost or mutilated bonds.
The commission may also proYide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost.
SECTION 12.
Same; conditions precedent to issuance.
Such reYenue bonds ma\" 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 ..\ct. Any resolution proYiding for the issuance of reYenue bonds under the prmisions of this ..\ct shall become effectiYe 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 commission by a majority of its members.
SECTION 13.
Credit not pledged.
ReYenue bonds issued under the prmisions of this ..\ct shall not be deemed to constitute a debt of the State of Georgia, nor a pledge of the faith and credit of said county or state but such bonds shall be payable solely from the fund proYided for in this ..\ct. The issuance of such reYenue bonds shall not directly, indirectly, or contingently obligate Gwinnett County to leYy or to pledge any form of taxation whateYer therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face coyering substantially the foregoing proYisions of this section. Gwinnett County shall stand as guarantor of all bonds issued by the commission.
SECTION 14.
Trust indenture as securitY.
In the discretion of the commission, am issue of such reYenue bonds may be secured bY a trust indenture bY and between the commission and ~ corporate tn{stee, which may be any trust company or bank ha\'ing the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, tolls, reYenues, earnings, or grants to be receiYed by the commission, including the proceeds derhed from the sale from time to time of any surplus property of the commission, both real and personal. Either the resolution proYiding for the issuance of reYenue bonds or such trust indenture may contain such prmisions for protecting and enforcing the rights and remedies of the bondholders as may be

GEORGI..\ L\\,\'S 1999 SESSIO:\'

--168:'>

reasonable and proper and not in Yiolation of law. including coYencmts setting forth the duties of the commission in relation to the acquisition of property, the construction of projects, the maintenance, operation, repair, and insuring of projects, and the custody, safeguarding. and application of all moneys, including the proceeds deriYed from the sale of property of the commission. both real and personal; and may also proYide that any pr~ject shall be constructed and paid for under the superYision and approYal of consulting engineers or architects employed or designated by the commission; and may also contain proYisions concerning the conditions, if any. upon which additional reYenue bonds may be issued. It shall be lawful for a1w bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnif\ing bonds or pledge such securities as may be required by the commission. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the indiYidual 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 prmisions as the commission may deem reasonable and proper for the security of the bondholders. ..\11 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 commission shall, in the resolution proYiding for the issuance of reYenue bonds or in the trust indenture, pro,ide for the payment of the proceeds of the sale of the bonds to any officer or person \\ho 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 ..\ct, subject to such regulations as this ..\ct and such resolution or trust indentures may proYide.
SECTION 16.
Sinking fund.
The reYenues, fees, tolls. and earnings deriYed from any particular project or projects, regardless of whether or not such fees, earnings. and reYenues were produced by a particular project for which bonds haYe been issued and any moneys derhed from the sale of any properties, both real and personal of the commission, and the proceeds of any grants, unless otherwise pledged and allocated, may be pledged and allocated by the commission to the payment of the principal and interest on reYenue bonds of the commission as the resolution authorizing the issuance of the bonds or the trust instrument may prmide. Such funds so pledged from whateYer source receiYed, which pledge may include funds recei,ed from one or more or all sources, shall be set aside at regular intenals as may be proYided in the resolution or trust indenture into a sinking fund which

-!686 LOCAL .-\..~D SPECIAL ACTS .-\.."ID RESOLCTIONS, \'OL. II
shall be pledged to and charged with the payment of (1) the interest upon such reYenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) any premium upon bonds acquired bY redemption, payment, or otherwise, (4) the necessary charges of the paying agent or agents for paying principal and interest, and (5) any imestment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be proYided in the resolution authorizing the issuance of the reYenue bonds or in the trust indenture; but, except as may otherwise be proYided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all re,enue bonds without distinction or priority of one OYer another. Subject to the proYisions of the resolution authorizii1g 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 cancelled and shall not be reissued, printed, and deliYered.
SECTION 17.
Remedies of bondholders.
Any holder of reYenue bonds issued under the proYisions of this .-\ct or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights giYen in this .-\ct 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 .-\ct or under such resolution or trust indenture and may enforce and compel performance of all duties required by this .-\ct or by such resolution or trust indenture to be performed by the commission, or any officer thereof, including the fixing, charging, and collecting of reYenues, fees, tolls, and other charges for the use of the facilities and senices furnished.
SECTION 18.
Refunding bonds.
The commission is authorized to proYide by resolution for the issuance of bonds of the commission for the purpose of funding or refunding any reYenue bonds issued under the proYisions of this .-\ct 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 commission in respect to the same shall be gmerned by the prmisions of this .-\ct insofar as the same may be applicable.
SECTION 19.
Venue and jurisdiction.
Any action to protect or enforce any rights under the prmisions of this .-\ct or any suit or action against the commission shall be brought in the

GEORGI.-\ L\WS 1999 SESSIOJ\

-1687

Superior Court of G\\innett County, Georgia; and any action pertaining to Yalidation of any bonds issued under the proYisions of this .--\ct shall likewise be brought in said court which shall haYe exclusiYe, original jurisdiction of such actions.
SECTION 20.
\'alidation.
Bonds of the commission shall be confirmed and ,alidated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G..--\., the ReYenue Bond La\\." The petition for Yalidation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdiYision, or instrumentality of the State of Georgia or the Cnited States goYernment or any department, agency, or instrumentality of the Cnited States goYernment, if subject to being sued and if consenting to same, which has contracted \\ith the commission for the sen-ices and facilities of or with respect to the project for which bonds are to be issued and sought to be Yalidated; and the state or such municipality, county, authority, political subdiYision, department, agency, or instrumentality shall be required to sho\\ cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the ,alidity of the terms thereof be determined and the contract or contracts adjudicated as a part of the security for the payment of any such bonds of the commission. The bonds when rnlidated and the judgment of Yalidation shall be final and conclusiYe with respect to such bonds and the security for the payment thereof and interest thereon and against the commission issuing the same, and the state and any municipality, county, authority, political subdiYision, department, agency, or instrumentality, if a party to the Yalidation proceedings, contracting with the commission.
SECTION 21.
Interests of bondholders protected.
\-\11ile any of the bonds issued by the commission remain outstanding, the powers, duties, or existence of said commission or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adYersely 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 commission to such an extent as to affect adYersely the interests and rights of the holders of such bonds, nor will the state itself so compete with the commission. The prmisions of this .--\ct shall be for the benefit of the commission and the holders of any such bonds and, upon the issuance of bonds under the prmisions of this .--\ct, shall constitute a contract with the holders of such bonds.

-t688 LOC.--\L .-\..,D SPECIAL .--\CTS .-\..,D RESOLCTIO!\'S, \'OL. II
SECTION 22.
:\-loneYs receiYed considered trust funds .
.--\II moneys receiYed pursuant to the authority of this .--\ct, whether as proceeds from the sale of reYenue bonds, as grants or other contributions, or as reYenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as proYided in this .--\ct.
SECTION 23.
Rates, charges, and reYenues; use.
The commission is authorized to prescribe, and reYise from time to time, rates, fees, and charges and to collect such rates, fees, tolls, and charges for the sen-ices, facilities, and commodities furnished, including leases, concessions, or subleases of its lands or facilities or contracts for the use of its land and facilities.
SECTION 24.
Rules and regulations for operation of projects.
It shall be the duty of the commission to prescribe rules and regulations for the operation of the project or projects constructed under the proYisions of this .--\ct, including the basis on which recreational facilities shall be furnished.
SECTION 25.
Properties Exempt from taxation.
The properties of the commission, 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 priYate or corporate benefit and income; and such properties and the commission shall be exempt from all taxes and special assessments of any city, any county, the state, or any political subdi,ision thereof; proYided, howeYer, that the proYisions of this section shall not prohibit or inhibit the lease or use of commission properties for prhate purposes which in the sole judgment of the commission support the general purposes of the commission.
SECTION 26.
Fiscal year; budget; audit; payments to Gwinnett County.
The commission shall adopt a fiscal year ending on December 31 of the calendar ,ear or on another date as may be necessan and c01wenient for administ~ring the financial books and accounts of the commission. The commission shall install and operate a system of accounts and financial controls consistent with sound business practices and generally accepted accounting principles. The commission shall annually adopt a budget and

GEORGIA L\.\-\'S 1999 SESSIO'.'\

-1-689

spending plan for operations and capital improYements. At the conclusion of each fiscal Year, a certified public accounting firm shall audit the affairs and financial records of the commission. A complete copy of the audit, including all findings and management reports, shall be proYided to the goyerning authority of Gwinnett County. A synopsis of the audit shall be published in the official organ of Gwinnett County as soon as the report of the auditors is submitted to the commission. \-\'ithin 30 daYs of the date of first publication of the audit, the commission shall determine the amount of funds on hand which are subject to distribution to the gmerning authority of Gwinnett County. To determine such distribution, the commission shall determine the following amounts for the preceding three calendar Years:
( 1) The amount which has come due and been paid for the retirement of the debt on all capital assets owned or leased by the commission;
(2) The amount paid for the necessary day-to-day expenses of the commission; and
(3) A cash reserYe in an amount equal to not less than 10 percent of the total operating expenses for the Springbrook Golf Course for the preceding fiscal year.
The sum determined pursuant to this section shall be deducted from the commission's re\'enues from all sources during the preceding three calendar years, and 50 percent of the difference shall be paid to the gmerning authority of Gwinnett County within ten days of its determination. Funds shall be subject to distribution pursuant to this section only if the sum determined pursuant to this section is greater than the commission's re,enues during the preceding three calendar years. The sum to be paid to the goYerning authority shall, if not paid within ten days of its determination, be subject to a 10 percent penalty, and the principal amount determined to be owing to the county gmerning authority shall bear interest at the rate of 12 percent from the date ten days after the determination of the sum due the count\' was or should haYe been made. The county goYerning authority may, in its sole discretion, rei1west the amount determined to be due pursuant to this section, or any part thereof, in the Springbrook Golf Course.
SECTION 27.
Operating reser\'e account.
Beginning not later than the start of its third fiscal year, the commission shall establish procedures and an implementation plan to create and maintain an operating reserYe account which shall be funded in an amount equal to not less than 10 percent of the total operating expenses for the Springbrook Golf Course for the preceding fiscal year. The account shall be in\'ested in liquid assets of the highest credit quality and whose longest

-1-690 LOC.-\L .-\.'\D SPECIAL .-\CTS .-\.'\D RESOLLTIO::'\S, \'OL. II
maturity shall not exceed 270 days. The commission may, at its sole discretion, increase the funding of the account beyond the minimum specified in this section, except that in no case may the resen-e exceed 30 percent of the total operating expenses as defined in this .-\ct. Funding and maintenance of the operating resene account shall haYe priority and precedence O\er payment for all capital imprO\ements. The operating reserYe account shall be used solely as an emergency fund to defray unforeseen or unanticipated operating costs or for payment of debt senice. The commission shall establish reasonable rules and policies goYerning the disbursement of funds from the operating resene account. .-\ny other uses of the operating reserYe account are in Yiolation of this .-\ct.
SECTION 28.
.-\nnual surplus amount; pannents.
The commission shall establish procedures to compute and account for the annual surplus amount. The annual surplus amount shall be deriYed from net profits resulting from the operations of the Springbrook Golf Course. Determination of the annual surplus amount shall not occur until all debt sen-ice requirements are met, the operating resen-e account is fully funded as specified in this .-\ct, and prO\ision has been made for payment of all obligations and bills resulting from operations of the Springbrook Golf Course. The commission shall pay to the county goYerning authority an amount equal to 50 percent of the computed balance in the annual surplus for the most recent fiscal period, subject to the following conditions:
( 1) ::'\o debt senice payments shall be in arrears and proYision has been made for all claims or judgments;
(2) ~o amount shall be due the goYerning authority if the amount computed to be paid is less than S25,000.00;
(3) The commission s independent audit sen-ice prO\ider shall annually authenticate the payment computation; and
(-1-) The county gO\erning authority may, at its sole discretion, ,rniYe receipt of any single annual payment or may direct that any single payment or any group of annual payments be appropriated for any lawful purpose authorized by this .-\ct. The commission shall be obligated to comply "ith the instructions of the goYerning authority for appropriation or programming of such funds.
SECTION 29.
Powers declared supplemental and additional.
The foregoing sections of this .-\ct shall be deemed to prO\ide an additional and alternatiYe method for the doing of the things authorized thereby, shall be regarded as supplemental and additional to powers conferred by

GEORGI.-\ L-\WS 1999 SESSIO:\'

4691

other laws, and shall not be regarded as in derogation of any powers now existing.
SECTION 30.
Liberal construction of .-\ct.
This .-\ct, being for the purpose of promoting the health, morals, and general welfare of the citizens of the C nited States, of the State of Georgia, and of Gwinnett County, shall be liberally construed to effect the purposes hereof.
SECTION 31.
Effect of partial imalidity of .-\ct.
Should any sentence, clause, phrase, or part of this .-\ct be declared for any reason to be unconstitutional or i11Yalid, the same shall not affect such remainder of this .-\ct or any part hereof, other than the part so held to be i11Yalid; but the remaining proYisions of this .-\ct shall remain in full force and effect and it is the express intention of this .-\ct to enact each proYision of this .-\ct independently of any other proYision hereof.
SECTION 32.
Powers of Gwinnett Count\'.
This .-\ct does not in am waY take from Gwinnett CountY the authoritY to 0\\"11, deYelop, operate, and maintain public parks and 1:ecreational ra'cilities or to issue reYenue bonds as is pro,ided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "ReYenue Bond Law."
SECTION 33.
Effecti,e date.
This .-\ct shall become effectiYe upon its approYal by the Gmernor or upon its becoming law without such approYal.
SECTION 34.
Repealer.
.-\11 laws and parts of laws in conflict with this .-\ct are repealed.
:\'OTICE OF I!\"TE!\"TIO:\' TO I!\"TRODCCE LOCAL LEGISL-\TIO:\'
:'\otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to create the Springbrook Golf Course Commission; and for other purposes.
This 1ith day of FebruarY, 1999.

4692 LOCAL A..'\iD SPECIAL ACTS ..\..'\iD RESOLL'TIO'.\iS, \'OL. II
\ilichael T. Coan
GEORGIA, FCLTON COL'l\TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, \lichael T. Coan, who on oath deposes and says that he is the Representati\'e from the 82nd District and further deposes and says as follows:
(I) That the attached :--.iotice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on the following date: February 20, 1999.
(2) That the la\\s requiring notice of local legislation were further complied with in the manner checked belo\\:
_ A copy of the notice of intention was mailed, transmitted bY facsimile, or otherwise proYided to the goyerning authority of any county, municipalitY, or consolidated go\'ernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-1-t
_ The notice requirement of subsection (b) of Code Section 28-1-1-l does not apply because the bill was requested by resolution or other \\Titten notification of the go\'erning authority of the affected county, municipality, or consolidated gO\ernment and a copy of such resolution or other written notification is attached hereto.
j_ The notice requirement of subsection (b) of Code Section 28-1 -14
does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated go\'ernment or the bill affects a local school S\'Stem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-l does not apply because the bill is an annexation bill and a copy of the bill was pro\'ided to the county gO\erning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ \11CHAEL T. COA.i'\i Representati\'e, 82nd District
Sworn to and subscribed before me, this 23rd day of February, 1999.
s/ TERESA ADKINS ~otary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL)
Approved April 16, 1999.

GEORGI.--\ L-\WS 1999 SESSIO:':

4693

CITI' OF H.-\ZLEHCRST - CORPORATE LIMITS.
!'\o. 242 (House Bill :':o. 1035) .
.-\."\ .--\CT
To amend an .-\ct proYiding a new charter for the City of Hazlehurst, approYed December 22, 1953 (Ga. L. 1953, ::-.;oY.-Dec. Sess., p . 2925), as amended, particularly by an .-\ct approYed '.\-larch 27, 1985 (Ga. L. 1985, p. 4547), so as to change the corporate limits of the City of Hazlehurst by annexing certain territory into the city; to proYide for related matters; to repeal conflicting laws; and for other purposes.
BE IT E!'\.--\CTED BY THE GENER-\L ASSEMBLY OF GEORGL-\:
SECTION 1.
An .-\ct pro,iding a new charter for the City of Hazlehurst, apprO\ed December 22, 1953 (Ga. L. 1953, ;\;oY.-Dec. Sess. , p. 2925), as amended, particularly by an .-\ct approYed March 27, 1985 (Ga. L. 1985, p. 4547), is amended by adding after the description of Ward 2 in Section 3 the following:
ward 2 shall also include all that certain tract or parcel of land lying, being and situate in Land Lots 461-462 and 500, in the Second Land District ofjeffDaYis County, Georgia, containing 219 acres, more or less. Said tract is more fully shown and described according to a plat of suney by R. Bayne Stone, P.L.S. :\'o. 2440, entitled ".-\ Composite SurYey for the City of Hazlehurst,' dated \1arch 3, 1999, and recorded in Plat Book_, Page _ , in the Office of the Clerk of the Superior Court ofJeff DaYis County, Georgia. Said plat and the description thereon are incorporated herein by reference for all intents and purposes. Said property is more particularly described as follows: Start at the point where the southern boundary of C.S. Highway 341 (Golden Isles Highway) intersects with the eastern boundary of Morris Road for the Point of Beginning, thence run !'\orth 00 degrees 10 minutes 48 seconds West along the eastern boundary of Ethyl Farmer Road to an iron pin; thence continue !'\orth 74 degrees, 58 minutes 54 seconds East for 1471.22 feet along the southern right of way of Old Graham Road to an iron pin; thence run South 21 degrees 24 minutes 11 seconds West for 578.10 feet to an iron pin; thence nm :':orth 88 degrees 54 minutes 23 seconds East for 1349.15 feet with the original land lot line to an iron pin; thence nm South 01 degrees 05 minutes 33 seconds East for 659.07 feet to an iron pin; thence nm South 69 degrees 41 minutes 59 degrees East for 1976.24 feet to an iron pin; thence run !'\orth 00 degrees 38 minutes 21 seconds West for 604.43 feet to an iron pin; thence run South 67 degrees 42 minutes 18 seconds East for 1726.04 feet along the southern right of way of a Georgia Power easement to an iron pin; thence run South 29 degrees 32 minutes 18 seconds West for 2012.53 feet along the eastern right of way of Dr. Turfier Road to an iron pin; thence run !'\orth 67

4694 LOCAL A..'\ID SPECIAL ACTS A.i'\ID RESOLCTIONS, \'OL. II
degrees, 02 minutes 24 seconds West for 5451.30 feet along the southern ,arying right of way ofL'.S. Highway 341 (Golden Isles Highway) to the Point of Beginning."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
LEGAL ~OTICE OF INTE~TION TO INTRODCCE
LOCAL LEGISLATION
Notice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act proYiding a new charter for the City of Hazlehurst, approYed December 22, 1953 (Ga. L. 1953, NoY.-Dec. Sess., p. 2925), as amended; and for other purposes.
This 3rd day of Ylarch, 1999.
Representati\'e Roger Byrd 170th District
GEORGIA, FCLTON COCNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Byrd, who on oath deposes and says that he is the Representati\'e from the 170th District and further deposes and saYs as follows:
(l) That the attached :-.J'otice of Intention to Introduce Local Legislation was published in the Jeff DaYis Ledger which is the official organ of Jeff DaYis County on the following date: March 3, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the gmerning authority of any county, municipality, or consolidated goyernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1 -14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goyerning authority of the affected county, municipality, or consolidated goyernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated goYernment or the bill affects a local school system.
j_ The notice requirement of subsection (b) of Code Section 28-1-14
does not apply because the bill is an annexation bill and a copy of the bill

GEORGI.-\. L\WS 1999 SESSIO!\'

4695

was proYided to the county goyerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-U.
s/ ROGER C. BYRD RepresentatiYe, 170th District
Sworn to and subscribed before me, this 16th day of ~arch, 1999.
s/ TERESA .-\DKI:\'S :\'otary Public, Clayton County, Georgia :Vly Commission Expires Jan. 5, 2001 (SEAL)
Apprmed April 16, 1999.

CR-\V\'FORD COC:\'TY - BOARD OF CO!'vl~ISSIOJ\:ERS; CO~IPE:\SATION.
:\'o. 243 (House Bill :\'o. I036) .
.-\.'-: ACT
To amend an .-\.ct creating the Board of Commissioners of Cra\\ford County, apprmed .\,larch 2, 1874 (Ga. L. 1874, p. 339), as amended, particularly by an .-\ct approYed April 1, 1996 (Ga. L. 1996, p. 3766), so as to change the compensation receiYed by the chairperson and the other members of said board; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT E:\'.-\.CTED BY THE GE:\'ER-\L ASSE~BLY OF GEORGL\:
SECTION 1.
An Act creating the Board of Commissioners of Cra\\ford County, approYed ~arch 2, 1874 (Ga. L. 1874, p. 339), as amended, particularly by an .-\ct approYed April 1, 1996 (Ga. L. 1996, p. 3766), is amended by striking subsection (a) of Section 7-A and inserting in lieu thereof a new subsection (a) to read as follows:
.. (a) The chairperson of the Board of Commissioners of Cra\\ford County shall recehe the sum of S575.00 per month as compensation for his or her senices on the board payable from funds of the county. Each of the other members of said board shall receiYe the sum of $500.00 per month as compensation for his or her senices on the board payable from funds of the county. Each member shall also be paid 25[00lb] per mile from county funds as tra\'eling expense when traYeling inside the county in the performance of his or her duties and shall be reimbursed from county funds for actual documented expenses incurred when

-1696 LOC.-\L .-\.':D SPECI.-\L .-\CTS .-\.'\D RESOLL'TIO'.'\S, \'OL. II
traYeling outside the countY while in the performance of his or her duties."
SECTION 2.
This .-\ct shall become effectiYe on J ulY 1, 1999.
SECTION 3.
.-\11 laws and parts of laws in conflict with this .-\ct are repealed.
.-\ RESOLL'TIO'.'\
WHERE.-\S, the duties and responsibilities of members of the Board of Commissioners of Crawford CountY are continually growing; and
\-\'HERE.-\S, the personal costs and expenses relatiw to conducting the business of the countY are constantlY rising.
THEREFORE BE IT RESOL\'ED that the Board of Commissioners of Crmdord County request the legislatiYe delegation to consider the introduction of local legislation granting an increase in salary to Cra\\ford CountY Board of Commission members from S300.00 a month to S500.00 per month and the salary of the Chairman from S350.00 per month to S550.00.
BE IT Fl'RTHER RESOL\'ED that the salary adjustment be effectiYe January 1, 1999.
This 21st daY of JanuarY, 1999.
s/ Benjamin F. Hollis s/ Ernest Jump, Jr. s/ Thelma Blasingame s/ Greg Dent s/ Freddie Tidwell
'.'\OTICE OF l:'\TE~T TO I'.'\TRODL'CE LOC.-\L LEGISL\TIO~
~otice is giYen that there will be introduced at the regular 1999 session of the General .-\ssembly of Georgia a bill to change the compensation of the members of the Board of Commissioners of Cra,dord CountY; to prmide for related matters; and for other purposes.
This 22nd day of February, 1999.
Board of Commissioners of Crawford County
GEORGI.-\, FCLTO'.'\ COL'!\'TI'
Personally appeared before me, the undersigned authority, dulY authorized to administer oaths, Robert RaY, who on oath deposes and says that

GEORGI.--\ L\WS 1999 SESSIO!'\

469i

he is the Representati,e from the 128th District and further deposes and sms as follows:
(1) That the attached :\'otice of Intention to Introduce Local Legislation was published in the Georgia Post which is the official organ of Cra\\ford County on the following date: February 25. 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .--\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, municipality, or consolidated gmernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
..L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goyerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .--\ct of a county or consolidated goYernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-1--l does not apply because the bill is an annexation bill and a copy of the bill was pro,ided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1--l.1.
s/ ROBERT RAY
Representati,e, 128th District
Sworn to and subscribed before me, this 5th day of .\farch, 1999.
s/ TERESA ,\DK.INS :\'otary Public, Clayton County, Georgia :Vly Commission Expires Jan. 5, 2001 (SEAL)
Apprmed April 16, 1999.

GAINES\1LLE R.EDEVELOP.\-lE:\'T ACTHOR.lTY - POWERS; DEFINITIONS; PROJECTS; AME::-.JDMENTS.
:\'o. 244 (House Bill No. 1049) .
.-\."\; ACT
To amend an .--\ct creating the Gaines,ille Rede,elopment Authority, apprmed March 24, 19i8 (Ga. L. 19i8, p. 4440), so as to pro,ide for

4698 LOC.--\L A..'\D SPECI.-\L ..\CTS .-\.'\D RESOLL'TIO:\'S, \'OL. II
additional powers of the GainesYille RedeYelopment .--\uthority; to proYide for definitions; to prmide for additional projects of the authority; to proYide for applicability; to specif\ the grounds for certain amendments; to proYide an effectiYe date; to repeal conflicting laws: and for other purposes.
BE IT E:'\.--\CTED BY THE GE:'\ER-\L .--\SSE~lBLY OF GEORGI.-\:
SECTION I.
.--\n ..\ct creating the Gaines\"ille RedeYelopment .--\uthority, approYed ~larch 24, l 9i8 (Ga. L. l 9i8, p. 4440), is amended by adding a new Section 5.1 to read as follows:
"SECTIO:'.1-: 5.1.
.--\dditional powers.
(a) In addition to any other powers granted to the GainesYille RedeYelopment Authority and without limiting any such powers, said authority is granted all powers granted to downtown de,elopment authorities under Chapter 42 of Title 36 of the Official Code of Georgia ..\nnotated, known as the 'Downtown DeYelopment .--\uthorities Law, as no,, or hereafter amended, within and as regards the downtown deYelopment area, as such area is established or modified from time to time bY resolution of the citY council of the CitY of Gaines,ille in the manner set forth under Chapt~r 42 of Title 36 of the Official Code of Georgia .--\nnotated, known as the 'Downtown De,elopment .--\uthorities Law.
(b) In addition to any other projects regarding which the Gaines,ille RedeYelopment .--\uthority may exercise its powers and duties and without limiting any such project, such powers and duties may also be exercised "ithin the downtown deYelopment area established for the authority regarding any project and cost of the project as defined in Chapter 42 of Title 36 of the Official Code of Georgia Annotated, known as the 'Downtown DeYelopment .--\uthorities Law, as now or hereafter amended.
(c) For purposes of the general laws of the State of Georgia, the GainesYille Rede,elopment .--\uthority shall be deemed to be a dmrntown deYelopment authority created under Chapter 42 of Title 36 of the Official Code of Georgia ..\nnotated, known as the Downtown DeYelopment Authorities Law, as regards the area of the City of GainesYille established as the dmrntown dewlopment area for the authority. including, but not limited to, being deemed to be a downtown de,elopment authority for purposes of Chapter 44 of Title 36 of the Official Code of Georgia .--\nnotated, known as the 'RedeYelopment Powers Law, as no\\ or hereafter amended, Chapter 43 of Title 36 of the Official Code of Georgia .--\nnotated, known as the 'City Business lmproYement District .--\ct," as now or hereafter amended, and .--\rticle IX, Section \11 of the

GEORGI.-\ L\WS 1999 SESSIO:':

4699

Constitution of the State of Georgia, relating to community improYement districts.
SECTION 2.
This .-\ct shall become effecthe upon its approYal by the Gmernor or upon its becoming law without such approYal.
SECTION 3.
.-\11 laws and parts of laws in conflict with this .-\ct are repealed.
CERTIFIED COPY OF RESOLCTJO:--;
STATE OF GEORGL\ COC'.\:TY OF HALL
This is to certifr that I am CitY Clerk of the Cit, Council of the CitY of GainesYille. As such: I keep its official records, including its minutes, and in that capacity do certify that this is a true and correct copy of an official resolution. The resolution set out in the minutes remains of full force and effect, without modification or repeal. The incumbent officer or officers authorized to execute the instruments referred to are the ~laYor and Council, each now being in office and fully powered so to act.
Witness of my official signature and seal this 16th day of February 1999.
s/ Joyce \-\'. Shubert Joyce W. Shubert CitY Clerk
(Seal)
RESOLLTIO:'\ BR-99 08
G.-\l'.\:ES\1LLE REDE\'ELOP~IE'.\:T .-\LTHORITY .-\CT ...\.vlE'.\:DED
\\'HERE.-\S the GainesYille RedeYelopment Authority was created in 1978 by the City of Gaines,ille; and
\\'HEREAS the GainesYille RedeYelopment Authority has certain powers to assist in redeYeloping yarious areas within the City of Gaines,ille; and
\\'HERE.-\S the CitY of Gaines,ille desires to amend their powers to assist with additional do~rntown deYelpment;
'.\:OW THEREFORE BE IT RESOL\'ED that the CitY ofGaines,ille requests the local legislathe delegation to submit to the General Assembly the attached legislation for appropriate action by the General Assembly.
s/Robert L. Hamrick Robert L. Hamrick, ~layor

4i00 LOCAL A..~D SPECIAL ACTS .-\."'\'D RESOLCTIO:\'S, \'OL. II

s/ Sissy D. Lawson Sissy Lawson, Mayor Pro Tern

s/ :Vlyrtle W. Figeuras Myrtle Figeuras, Council \1ember

s/ Joyce W. Shubert Joyce Shubert, City Clerk

s/ George Wangemann George Wangemann, Council '.\1ember

(Seal)

s/ Jim West Jim West, Council :Vlember

:'.'JOTICE OF I!'\TE:\'TIO:\' TOI:\'TRODCCE
LOCAL LEGISL\TIO:\'

:\'OTICE is hereby giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .--\ct known as the GainesYille RedeYelopment Authority .--\ct, approYed '.\larch 24, l 98i (Ga. Laws l 9i8, page 4440), et seq.). so as to prmide for additional powers to the GainesYille RedeYelopment .\uthoritY; to proYide for definitions; to proYide for additional projects of the Authority; to prmide for applicabilitY; to specify the grounds for certain amendments; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.
This 4th day of \1arch, 1999.

CARL ROGERS RepresentatiYe District 20

STEWART '.\IEL\1:\' & FROST, LLP Attorneys .--\t Law P. 0. Box 3280 200 Main St. Ste 600 Gaines,ille, G.--\ 30503

GEORGL-\, FCLTO:\' COC!'\TI'

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Rogers, who on oath deposes and says that he is the RepresentatiYe from the 20th District and further deposes and says as follows:

(1) That the attached :\'otice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on the following date: \1arch 5, 1999.

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

GEORGI.-\ L-\\YS 1999 SESSIO'.'\

4i01

_ .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the gmerning authority of any county, municipality, or consolidated goyernment whose charter or enabling .-\ct is amended. as required by subsection (b) of Code Section 28-1-1-1.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill was requested by resolution or other written notification of the gmerning authority of the affected county, municipality. or consolidated g<wenunent and a copy of such resolution or other written notification is attached hereto.
..1.... The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated gmernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill is an annexation bill and a copy of the bill was prmided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-1.l.
s/ C.-\RL ROGERS Representathe, 20th District
Sworn to and subscribed before me. this 8th day of \larch, 1999.
s/ TERES.-\ .-\DKl'.'\S '.'\otary Public. Clayton County. Georgia \ly Commission Expires Jan. 5, 200 l (SE.-\1..)
.-\pproYed .-\pril 16. 1999.

CITY OF .-\l'STELL - \L-\\OR .-\.,D COC'.'\CIL; ELECTIO'.'\S; TER\ilS. '.'\o. 2-15 (Senate Bill '.'\o. 13-1).

To amend an .-\ct reincorporating and proYiding a new charter for the City of.-\ustell in Cobb and Douglas counties. apprmed \-larch 28. 1986 (Ga. L. 1986. p. -1902), as amended. particularly by an .-\ct approYed \-larch 20. 1990 (Ga. I... 1990. p. -1016). so as to change the prmisions relating to the time of election. taking of office. and terms of office of the mayor and councilmembers; to pro,ide for the authority of this .-\ct; to pro,ide for related matters; to repeal conflicting laws; and for other purposes.
BE IT E'.'\.-\CTED BY THE GE'.'\ER-\1.. .-\SSE\-IBLY OF GEORGI.-\:

4i02 LOCAL A.'\iD SPECIAL ACTS .--\..".:0 RESOLCTIO:\'S, \'OL. II
SECTION 1.
An .-\ct reincorporating and proYiding a new charter for the City of Austell in Cobb and Douglas counties, approYed :\-larch 28, 1986 (Ga. L. 1986, p. 4902), as amended, particularly by an .-\ct approYed :'vlarch 20, 1990 (Ga. L. 1990, p. 4016), is amended by striking the first sentence of Section 2.11 and inserting in its place a new sentence to read as follows:
"The members of the city council shall serYe for terms of four years and until their respectiYe successors are elected and qualified."
SECTION 2.
Said .-\ct is further amended by striking the first sentence of Section 2.32 and inserting in its place a new sentence to read as follows:
" The maY. or shall be elected to serYe for a term of four Y. ears and until his or her successor is elected and qualified."
SECTION 3.
Said .-\ct is further amended by striking Section 5.11 and inserting in its place a new Section 5.11 to read as follows:
"SECTIO:'\ 5.11.
(a) The mayor and councilmembers from Wards 2 and 4 and At-Large Post 2 elected in December, 1989, " hose terms normally expire in January shall remain in office until December 31, 1999, and until their successors are elected and qualified. On the Tuesday next following the first :'vfonday in :\'oyember, 1999, and eYery four years thereafter, the successors to such mayor and three councilmembers shall be elected and shall sen-e for terms of office of four Years and until their successors are elected and qualified and shall take office on the first day of January following their election.
(b) The councilmembers from Wards 1 and 3 and At-Large Post 1 who are to be elected in :\'oyember, 2000, and whose terms normally expire in January shall remain in office until December 31, 2000, and until their successors are elected and qualified. On the Tuesday next following the first :'vfondaY in :\'oYember, 2000, and eYerY four Years thereafter, the successors t~ such three councilmembers sh~ll be elected and shall serYe for terms of office of four ,ears and until their successors are elected and qualified and shall take office on the first day ofJanuary following their election.
(c) This .-\ct is enacted pursuant to the authority proYided for in paragraph (5) of Code Section 21-2-541.2 of the O.C.G.A"
SECTION 4.
All laws and parts of laws in conflict with this .-\ct are repealed.

GEORGI.\ LAWS 1999 SESSION

4703

NOTICE OF INTE!\'TION TO IKTRODL CE LOCAL LEGISLATION
'.\'otice is giYen that there will be introduced at the regular 1999 session on the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Austell, apprmed March 28, 1986 (Ga. L. 1986, p. 4902), as amended, to change the terms of office for the mayor and councilpersons; and for other purposes.
This 5th day of February, 1999.
Senator SteYe Thompson 33rd District
GEORGIA, FCLTO'.\' COC!\'TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, SteYe Thompson, who on oath deposes and says that he is the Senator from the 33rd District and further deposes and says as follows:
(I) That the attached !\'otice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on the following date: February 5, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
.:.... A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the gmerning authority of any county, municipality, or consolidated goyernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goyerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated goyernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ STE\'E THOMPSO'.\' Senator, 33rd District

4i04 LOCAL .--\.."\iD SPECIAL ACTS .--\.."\'D RESOLCTio:-.;s, \'OL. II
Sworn to and subscribed before me, this 5th day of February, 1999.
s/ TERESA .-\DKI~S :-.;otary Public, Clayton County, Georgia y{y Commission Expires Jan. 5, 2001 (SEAL)
ApproYed April 16, 1999.
DEKALB coc:-.;TY- CHIEF EXECCTI\'E; PO\\'ERS; PERSO-S:-.;EL; DEP.-\RT\1E~T HE.IDS; DEKALB COC'.'\TY YIERIT SVSTE\1; REFERE~DCYL
:-.;o. 246 (Senate Bill ~o. 20i) .
.--\."'Ii .-\CT
To amend an .-\ct reYising, superseding, and consolidating the laws relating to the goyerning authority of DeKalb County, apprmed '.\farch 8, 1956 (Ga. L. 1956, p. 323i), as amended, particularly by an .-\ct establishing the form of goYernment of DeKalb County and fixing the powers and duties of the officers constituting the g<)\'erning authority of DeKalb County, approYed April 9, 1981 (Ga. L. 1981, p. 4304), as amended, particularly by an Act approYed \1:arch 29, 1983 (Ga. L. 1983, p. 454i), by an .-\ct approYed \1arch 18, 1986 (Ga. L. 1986, p. 410i), and by an .-\ct approYed Ylarch 24, 1988 (Ga. L. 1988, p. 4i40), so as to change the proYisions thereof relating to the appointment and remo\'al of certain officers and employees of DeKalb County; to change proYisions relating to the inclusion of certain department heads in the DeKalb County '.\-Ierit System; to prmide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT E:-.;.-\CTED BY THE GE'.'\ER-\L ASSE\1BLY OF GEORGI.-\:
SECTION 1.
.-\n .-\ct reYising, superseding, and consolidating the laws relating to the goYerning authority of DeKalb County, approYed '.\-larch 8, 1956 (Ga. L. 1956, p. 323i), as amended, particularly by an .-\ct establishing the form of gmernment of DeKalb County and fixing the powers and duties of the officers constituting the goyerning authority of DeKalb County, approYed April 9, 1981 (Ga. L. 1981, p. -1304), as amended, particularly by an .-\ct approYed Ylarch 29, 1983 (Ga. L. 1983, p. 454i), by an .-\ct approYed '.\,larch 18, 1986 (Ga. L. 1986, p. -11 Oi), and by an .-\ct approYed :\-larch 2-1, 1988 (Ga. L. 1988, p. 4i40), is amended by striking subsection (c) of Section 13 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Subject to confirmation by the commission, the chief executiYe shall appoint the executi,e assistant, superintendent of public works,

GEORGI.-\ L..\WS 1999 SESSIO:\'

4i05

recreation department director, finance director, public safety director, planning department director, merit system director, and the county attorney. The executiYe assistant shall be subject to the requirements of Section 14 of this .-\ct. :\'either the commission nor any member thereof shall be authorized to nominate persons for the office of executiYe assistant, finance director, public safety director, superintendent of public works, recreation department director, planning department director. merit system director, or county attorney. Within the budgetary limitations, the chief executiYe shall fix the compensation of the executiYe assistant, finance director, public safety director, superintendent of public works, recreation department director, planning department director, merit system director, and the county attorney. All six of said officers shall sen-e at the pleasure of the chief executiYe."

SECTION 2.

L'nless prohibited by the federal \'oting Rights .-\ct of 1965, as amended, the election superintendent of DeKalb County shall call and conduct a special election as proYided in this section for the purpose of submitting this ...\ct to the electors of DeKalb County for approYal or rejection. The election superintendent shall conduct the special election as soon as reasonably practicable on a elate authorized under subparagraph (c) (1) (...\) of Code Section 21-2-540 of the O.C.G.A The election superintendent shall issue the call and conduct that election as proYided by general la\\. The superintendent shall cause the date and purpose of the election to be published once a "eek for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall ha,e \\Titten or printed thereon the words:

.. ( YES

Shall the ...\ct changing the proYision relating to the appointment and remoYal of certain officers of DeKalb County and the proYision relating to which department heads shall be under the DeKalb County \lerit System be approYed?"

...\II persons desiring to rnte for approYal of the ...\ct shall Yote "Yes, .. and those persons desiring to Yote for rejection of the ...\ct shall Yote "'.\'o... If more than one-half of the Yotes cast on such question are for approYal of the ...\ct, then this ...\ct shall become of full force and effect immediately. If the ...\ct is not so approYed or if the election is not conducted as proYided in this section, this ...\ct shall be automatically repealed on December 31, 1999.

The expense of such election shall be borne by DeKalb County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 3.

All la"s and parts of laws in conflict "ith this ...\ct are repealed.

4706 LOCAL .-\.". \;D SPECIAL ACTS .-\.."\;D RESOLCTIO::\'S, \'OL. II
::\'OTICE OF I::\'TE::\'TIO::\' TO I::\'TRODL' CE
LOCAL LEGISLHIO::\'
::\'otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .-\ct reYising, superseding, and consolidation the laws relating to the goYerning authority of DeKalb County, approYed yfarch 8, 1956 (Ga. L. 1956, p. 3237) as amended, particularly by an .-\ct establishing the form of goYernment of DeKalb County and fixing the powers and duties of the officers constituting the goyerning authority of DeKalb County, approYed April 9, 1981, (Ga. L. 1981, P. 4304), as amended, particularly by an .-\ct apprm-ed '.\'larch 29, 1983 (Ga. L. 1983, p. 4547), by an .-\ct approYed '.\,larch 18, 1986 (Ga. L. 1986, p. 4107), and by an .-\ct approYed '.\farch 24, 1988 (Ga. L. 1988, p. 4740); and for other purposes.
This First day of February, 1999.
::\'adine Thomas Senator '.\iadine Thomas 10th District
GEORGI.-\, FCLTO~ COC::\'TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, '.\iadine Thomas, who on oath deposes and says that she is the Senator from the I0th District and further deposes and says as follows:
(1) That the attached ::\'otice of Intention to Introduce Local Legislation was published in the Champion, Decatur which is the official organ of DeKalb CountY on the following date: February 4, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
.:1.... .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the gO\erning authority of any county, municipality, or consolidated go\'ernment whose charter or enabling .-\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality oi the enabling .-\ct of a county or consolidated gmernment or the bill affects a local school wstem.

GEORGI.-\ L\WS 1999 SESSIO:'\

-1707

_ The notice requirement of subsection (b) of Code Section 28-1-1-l does not apply because the bill is an annexation bill and a copy of the bill was prmided to the county goyerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-l. l.
s/ ::--.:..\01::--.:E THO\L\S Senator, 10th District
Sworn to and subscribed before me, this 12th day of February, 1999.
s/ Sl"S..\..'\ GORDO!'\ :--.:otary Public, Rockdale County, Georgia \-ly Commission Expires ::--.:m. 18, 2001 (SEAL)
.-\pproYed April 16, 1999.

TOW~ OF THC::--.:DERBOLT - TO\\'"'.': ..\D\11::--.:ISTR.-\TOR; PRO\1SIO1'S REPEALED.
::--.:o. 247 (Senate Bill ::--.:o. 258).

To amend an Act creating a new charter for the Town of Thunderbolt, apprmed \-larch 25, 1974 (Ga. L. 1974, p. 3269). as amended, so as to repeal the pro,isions relating to the town administrator; to repeal conflicting laws; and for other purposes.
BE IT E~.-\CTED BY THE GE::--.:ER.\L ..\SSE\1BLY OF GEORGIA
SECTION I.
An .-\ct creating a new charter for the Town of Thunderbolt, approYed \-larch 25, 1974 (Ga. L. 1974, p. 3269), as amended, is amended by striking Section 7.1, relating to the town administrator, in its entirety.
SECTION 2.
Said .-\ct is further amended by striking Section 25, relating to municipal officers and employees, and inserting in its place the following:
sECTIO::--.: 25.
\-lunicipal officers and employees.
The town council, by majority Yote of the mayor and council, shall elect any or all of the following municipal officers: tax collector, tax receher, tax commissioner, registrar, members of authorized municipal agencies and commissions, chief of police, town marshal.judge of the municipal

-!708 LOC.--\L .--\:--:D SPECIAL .--\CTS ,-\.1\'D RESOLCTIO:--:S, \'OL. II

court. judge pro tempore, clerk of the court, administratiYe clerks of the court, tmrn physician, tmn1 attorney, superintendent of \\aterworks and sewerage. street superintendent, superintendent of utilities, superintendent of the public works department, and tmrn clerk. The tmrn council may designate if it so desires that one person shall hold more than one of the offices or positions ,rhich it may create by ordinance. The council shall fix the compensation, prescribe the duties, and specif\ the term of emplonnent of each person whom it shall employ: proYided, howeYer, that if the town council fails to state the term of employment, such employee so appointed or elected by the council shall serYe only for and during the pleasure of the town council and may be remoYed by it from office or employment at the council's pleasure, with or without cause or notice."

SECTION 3.

.--\II Ia,rs and parts of la\\s in conflict with this .--\ct are repealed.

February 11, 1999

\Is. Diane Haney Johnson P.O . Box 5544 SaYannah, Georgia 31414 and 327-B LegislatiYe Office Bldg. Atlanta. Georgia 30334

\fr. Eric Johnson 22 \Iarsh Point Driw SaYannah, Georgia 31406 and 314-.--\ LegislatiYe Office Bldg. Atlanta, Georgia 30334

Re: Town of Thunderbolt, ...\.rnendment to Tmrn Charter

Dear Senators Johnson:

.--\t a Tmrn Council \leeting of the Tmrn of Thunderbolt held on Februan 4. 1999 a motion \\as made that the Town Charter of Thunderbolt be amended at this LegislatiYe Session . .--\ motion approYed by a m,tjority of the Town Council was to delete what is designated as Section 7.1 and the second sentence of Section 25 of the Charter. The aboYe pro\"isions were placed in the Charter bY Special .--\ct of the General .--\ssemblY on April 5. 1995. Included herein for rnur reYie,, is a copy of the .--\ct amending the Charter on \larch ...\.pril 5. 1995.

It is mY opinion that becsuse the deletion of Section 7.1 inYoh-es the composition and form of the municipal gmerning authorit, that the Town may not alter such section by its Home Rule power. Please see Georgia Code Annotated 36-35-6 (a) ( l).

In Yie" of mY opinion the Tmrn requested that I ask that ,ou take the appropriate action to h,n-e the Charter ...\.mendment change made as outlined abm-e.

Please feel free to gi,e me a call if you haYe any questions with regard to this matter.

GEORGL-\ L-\\,\'S 1999 SESSIO:\'

-!i09

\'en truh- YOHrs,
Ch~rles i.' Barrow
CWB:\'lt
cc: ~la,or and Cot1ncilmen Town of Tht1nderbolt
:\'otice of intent to introdt1ce
LOCAL LEGISL-\.TIO:\'
:\'otice is hereby giYen that there will be introdt1ced at the 1999 session of the General Assembly of the State of Georgia legislation to amend the Charter of the Town of Thunderbolt to delete the mandatory reqt1irernent for a Town Administrator and to make the position of the Town .-\.dministrator optional.
This notice is hereby giYen this 12th day of February, 1999.
Charles W. Barrow Town .-\.ttorneY
Town of Tht1nderboit
GEORGL-\, FCLTO:\' COC:\'TY
Personally appeared before me, the undersigned at1thority, duly at1thorized to administer oaths, Diane HarYeyjohnson, who on oath deposes and says that she is the Senator from the 2nd District and further deposes and says as follows:
(1) That the attached :\'otice of Intention to Introduce Local Legislation was published in the SaYannah ~lorning :\'e\\s which is the official organ of Chatham Cot1nty on the following date: February 15, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
L .-\. copy of the notice of intention was mailed, transmitted by facsimile, or otherwise prmided to the goYerning at1thority of any county, municipality, or consolidated goyernment whose charter or enabling .-\.ct is amended, as reqt1ired by st1bsection (b) of Code Section 28-1-1-!.
_ The notice reqt1irement of subsection (b) of Code Section 28-1-1-! does not apply because the bill was requested by resolt1tion or other written notification of the goYerning authority of the affected county, municipality, or consolidated goyernment and a copy of such resolt1tion or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-1-! does not apply because the bill does not amend the charter of a municipality or the enabling .-\.ct of a county or consolidated gmernrnent or the bill affects a local school system.

4710 LOC.-\L .-\..'\D SPECI.-\L .-\CTS .-\..~D RESOLCTIO'.'\S, \'OL. II
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill ,ms pro,ided to the county gO\erning authorit\ within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ DI.-\..'\E H.-\R\'EYJOH'.'\SO'.'\ Senator, 2nd District
Sworn to and subscribed before me, this 24th day of FebruarY, 1999.
s/ TERES.-\ ..\DKI!'\S
'.'\otary Public, Clayton County, Georgia :\ly Commission Expires Jan. 5, 2001 (SE.-\L)
.-\pprO\ed April 16, 1999.
CH.-\TTOOG.-\ coc~n - ST.-\TE COCRT; JCDGE .-\..'\D SOLICITOR-
GE'.'\ER.\L; CO:\IPE'.'\S.-\TIO'.'\.
'.'\o. 248 (Senate Bill '.'\o. 269) .
.-\..'\ .-\CT
To amend an .-\ct entitled ".-\n .-\ct creating the State Court of Chattooga County," approYed \larch 29, 1983 (Ga. L. 1983, p. 4570), and amended, partirnlarlY by an .-\ct approYed April-!, 1991 (Ga. L. 1991. p. 3846), so as to change the salary proYisions relatiYe to the judge and solicitor-general of such court; to prO\ide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT EX-\.CTED BY THE GE'.'\ER.\L .-\SSDIBLY OF GEORGIA:
SECTION 1.
.-\n .-\ct entitled ".-\n .-\ct creating the State Court of Chattooga County," approYed :\larch 29, 1983 (Ga. L. 1983, p. 45 70). as amended, particularly by an ..\ct apprmed .-\pril -!, 1991 (Ga. L. 1991. p. 38-!6), is amended by inserting at the end of Section 12 the follO\\"ing:
"(e) The amounts proYided in subsection (c) shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed terms of office sened by any state court judge "here such terms haYe been completed after December 31, 1985, effectiYe the first day ofJanuary follo"ing the completion of each such period of senice...

GEORGIA L\.WS 1999 SESSIO:\'

4ill

SECTION 2.
Said .-\.ct is further amended by inserting at the end of Section 13 the following:
"(e) The amounts proYided in subsection (c) shall be increased bY multiplying said amounts by the percentage which equals 5 percent times the number of completed terms of office sened by any state court solicitor-general where such terms haYe been completed after December 31, 1985, effectiYe the first day of January following the completion of each such period of sen-ice."
SECTION 3.
This .-\.ct shall become effectiYe January 1, 2000.
SECTION 4.
.-\II laws and parts of laws in conflict with this .-\ct are repealed.
~OTICE OF I~TE:\'TIO:\' TO I:\'TRODCCE LOCAL LEGISL\.TIO:\'
:\'otice is giYen that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a bill to amend an .-\ct entitled ".-\n .-\ct creating the State Court of Chattooga County," approYed y[arch 29, 1983 (Ga. L. 1983, p. 46i0), and amended, particularly by an .-\.ct approYed April 4, 1991 (Ga. L. 1991, p. 3846); and for other purposes.
GEORGIA, FCLTO:\' COC:\'TI'
Personally appeared before me, the undersigned authori~. duly authorized to administer oaths, Waymond Huggins, who on oath deposes and says that he is the Senator from the 53rd District and further deposes and says as follows:
(1) That the attached :\'otice of Intention to Introduce Local Legislation was published in the SununerYille :\'ews which is the official organ of Chattooga Conn~ on the following date: Ylarch 4, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed, transmitted by facsimile. or otherwise prmided to the gmerning authori~ of any county, municipali~, or consolidated goYernment whose charter or enabling .-\.ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county. municipali~. or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.

-1712 LOC.-\L .-\..'\D SPECI.-\L ACTS .-\..,D RESOLL'TIO'.'\S, \'OL II
.L The notice requirement of subsection (b) of Code Section 28-1-H does not apply because the bill does not amend the charter of a municipalit, or the enabling .-\ct of a cmmty or consolidated gmernment or the bill affects a local school wstem.
_ The notice requirement of subsection (b) of Code Section 28-1-1--l does not apply because the bill is an annexation bill and a copy of the bill was proYided to the cotmty goyerning authority within which the area proposed to be annexed is located at the time the notice was published, as required bY Code Section 28-1-H.1.
s/ \\'.-\DIO'.'\D HL'GGI'.'\S Senator, 53rd District
Sworn to and subscribed before me, this -1th da, of \larch. 1999.
s/ TERESA .-\DKI'.'\S '.'\otan Public, Clayton County, Georgia \ly Commission Expires Jan. 5, 2001 (SE.-\L)
.-\pprmed .-\pril 16, 1999.
TOW:'\ OF BR-\SELTO'.'\ - \,ll''.'\ICIP.-\L COL'RT; PE'.'\.-\LTIES; JL'DGE.
'.'\o. 2-19 (Senate Bill '.'\o. 270) .
.-\'.'\ .-\CT
To amend an .-\ct incorporating the Town of Braselton in the County of Jackson, approYed August 21, 1916 (Ga. L 1916, p. 598), as amended, so as to change the prmisions relating to penalties that may be imposed by the municipal court; to change other prmisions relating to the municipal court and the judge of such court; to pro,ide for seYerability; to repeal conflicting laws; and for other purposes.
BE IT E'.'\.-\CTED BY THE GE'.'\ER-\L .-\SSD-IBLY OF GEORGL-\:
SECTION 1.
.-\n .-\ct incorporating the Town of Braselton in the County of Jackson, appnlYed .-\ugust 21, 1916 (Ga. L. 1916, p. 598), is amended by striking Section 20 in its entirety and inserting in lieu thereof a new Section 20 to read as follows:
"'SECTIO'.'\ 20.
Be it further enacted bY the authoritY aforesaid that there shall be a municipal court in such town for the t;ial of all offenders against all the laws and ordinances of such town, to be held by the mayor at town hall

GEORGL\ L-\WS 1999 SESSIO:'.':

4713

or such other place as the mayor may designate, as often as necessary. The mayor is authorized to appoint a municipal court judge who shall be a resident of the Piedmont judicial Circuit and who shall serYe in lieu of the mayor. Any person appointed as a judge under this section shall serYe at the pleasure of the mayor and shall haYe such po\\ers and duties as proYided under state law goYerning such officials and as proYided by this Act, as amended. Further, in the absence or disqualification of both the mayor and his or her designee, any of the councilmembers may hold court. Such court and those presiding oYer such court shall haYe the power to preserYe order, compel attendance of\\itnesses, and punish for contempt by imprisonment not exceeding 30 days or by a fine up to the maximum amount specified by general law for contempt. Such municipal court and those presiding oYer such court shall also be authorized to impose any punishment up to the maximum specified by general law or ordinance, whichner shall be less, for Yiolations of the town's laws and ordinances. The imposition of such penalties shall be guided by the terms of the applicable ordinance, and the municipal court and any judge presiding oYer such court shall also be goYerned by and operate pursuant to authority granted under Article 1 of Chapter 32 of Title 36 of the O.C.G..-\., as may be amended.
SECTION 2.
In the eYent any section, subsection, sentence, clause, or phrase of this .-\ct shall be declared or adjudged inYalid 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 imalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would haYe passed the remaining parts of this .-\ct if it had known that such part or parts hereof would be declared or adjudged inYalid or unconstitutional.
SECTION 3.
All la\\s and parts of laws in conflict with this .-\ct are repealed.
:'.':OTICE TO I:'.':TRODCCE LOC.-\L LEGISL-\TIO:'.':
:'.':otice is hereby giYen that there will be introduced at the regular 1999 ses5ion of the General Assembly of Georgia a bill to amend the .-\ct incorporating the TO\rn of Braselton in the County of Barro\\ approYed August 21, 1916 (Ga. L. 1916. p. 598). as amended so as to authorize the Town's Ylunicipal Court to impose punishment up to the maximum specified by general state law or ordinance, whicheYer is less, for ,iolations of the Town s ordinances.

--171-l LOC.--\L .-\..'\D SPECIAL .--\CTS .-\..'\D RESOLCTIO'.'\S, \'OL. II
H. E. Braselton, \layor Town of Braselton \laYor and Council
GEORGI.--\, FCLTO'.'\ COC'.'\TY
Personalh appeared before me, the undersigned authority, duly authorized to administer oaths, Eddie \ladclen, who on oath deposes and says that he is the Senator from the -17th District and further deposes and says as follows:
(1) That the attached '.'\otice of Intention to Introduce Local Legislation was published in the Barrow Eagle which is the official organ of Barrow County on the. following date: \farch 3, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
..L .--\ copy of the notice of intention was mailed. transmitted by facsimile, or otherwise proYided to the gmerning authority of any county. municipality, or consolidated gmernment whose charter or enabling .--\ct is amended, as required by subsection (b) of Code Section 28-1-1-l.
_ The notice requirement of subsection (b) of Code Section 28-1-1-l does not apply because the bill was requested by resolutioi1 or other written notification of the goyerning authority of the affected county, municipality, or consolidated gmernment and a copy of such resolution or other 1\Titten notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-1-l does not apply because the bill does not amend the charter of a municipalitY or the enabling .--\ct ofa county or consolidated gmernment or the bill affects a local school sYstem.
__ The notice requirement of subsection (b) of Code Section 28-1-1-l does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within which the area proposed to be annexed is located at tlw time the notice was published, as required by Code Section 28-1-1-l.1.
,;,/ EDDIE \IADDE'.'\ Senator, -17th District
Sworn to and ;ubscribed before me, this 8th day of \farch, 1999.
s/ TERES.--\ .-\DKI'.'\S '.'\otary Public, Clayton County, Georgia \fr Commission Expires Jan. :J, 2001 (SE.--\L)

GEORGI.-\. L\WS 1999 SESSIO:-,.;

-!715

:-,.;otice to Introduce Legal Legislation
:-,.;otice is hereby giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia, a bill to amend the .-\ct incorporating the Town of Braselton in the County of Gwinnett approYed .-\ugust 21. 1916 (Ga. L. 1916. p. 598). as amended so as to authorize the Town s '.\hmicipal Court to impose punishment up to the maximums specified by general state law or ordinance, whicheYer is less, for Yiolations of the Town s ordinances.
H.E. Braselton, '.\layer Tmrn of Braselton '.\fayer and Council
GEORGI.-\, FCLTo:-,.; coc:-,.;TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eddie '.\fadden. who on oath deposes and saYs that he is the Senator from the -!7th District and further deposes and saYs as follows:
(1) That the attached :-,.;otice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on the following date: February 11. 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
.i.. .-\ copy of the notice of intention was mailed, transmitted by facsimile. or otherwise proYided to the gmerning authority of any county, municipality, or consolidated goyernment whose charter or enabling .-\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-1-! does not apply because the bill was requested by resolution or other written notification of the gmerning authority of the affected county. municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated goYernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published,

-1716 LOCAL A.'\;D SPECIAL ACTS .-\..,D RESOLL'TIO:'\S, \'OL. II

as required by Code Section 28-1-1-i.l.

s/ EDDIE \,L\DDE:'\ Senator, 47th District

Sworn to and subscribed before me, this 8th day of \farch, 1999.
s/ TERESA ADKI:--;:S :'\otary Public, Clayton County, Georgia \-ly Commission Expires Jan. 5, 2001 (SEAL)

:'\OTICE TO I:\'.TRODL'CE LOCAL LEGISL\TIO:\'.

:\'.otice is hereby giYen that there will be introduced at the regulaar 1999 session of the General Assembly of Georgia, a bill to amend the Act incorporating the Town of Braselton in the County of Jackson approYecl August 21, 1916 (Ga. L. 1916, p. 598), as amended so as to authorize the Town s Municipal Court to impose punishment up to the maximums specified bY general state law or ordinance, whicheYer is less, for Yiolations of the Town's ordinances.

GEORGIA, Fl'LTO!'\ coc:--;:TY

H.E. Braselton Town of Braselton \fayor and Council

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eddie :\fadden, who on oath deposes and says that he is the Senator from the 47th District and further deposes and says as follows:

( 1) That the attached '.\otice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ ofJackson County on the following date: January 6, 1999.

(2) That the laws requiring notice of local legislation ,rere further complied with in the manner checked below:
j_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, municipality, or consolidated goYernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

_ The notice requirement of subsection (b) of Code Section 28-1-1-i does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.

GEORGI.-\ L-\\\'S 1999 SESSIO'.\

-1717

_ The notice requirement of subsection (b) of Code Section 28-l-l-! does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated goYernment or the bill affects a local school system.
_ The notice requirement of subsection (b) of Code Section 28-l-l-! does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-l-l-!. l.
s/ EDDIE \L-\DDE'.\ Senator, -!7th District
Sworn to and subscribed before me. this 8th day of \.larch, I999.
s/ TERES.-\ .-\DKI'.\S '.\otary Public, Clayton County, Georgia \ly Commission Expires Jan. 5, 2001 (SE.-\L)
.-\pproYed April 16, 1999.

STEPHE'.\S COC'.\TY - HO\IESTE.-\D EXE\IPTIO'.\S; COC'.\TI' .-\.,D SCHOOL DISTRICT T.-\XES: REFERE'.\DC\IS.
'.\o. 250 (Senate Bill '.\o. 275).

To proYide for homestead exemptions from Stephens County ad Yalorem taxes for county purposes and from Stephens County school district ad ,alorem taxes for educational purposes in the amount of S2,000.00 of the assessed ,alue of certain homesteads that are leased to certain residents of that county; to pro,ide for definitions; to specify the terms and conditions of each exemption and the procedures relating thereto; to proYide for referenda; to proYide for applicability, effectiYe dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT E'.\.-\CTED BY THE GE'.\ER-\L .-\SSE\IBLY OF GEORGL-\:
PART I
SECTION l.
For purposes of this part, the term:
(1) ..Ad rnlorem taxes for county purposes" means all ad Yalorem taxes for county purposes leYied by, for, or on behalf of Stephens County including, but not limited to, taxes to retire bonded indebt-

--1718 LOCAL ...\..~D SPECIAL ACTS ...\..~D RESOLCTIONS, \'OL. II
edness but not including county school district ad Yalorem taxes for educational purposes.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. but only includes real property where the person who is the applicant holds real property subject to a written lease, the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made, and the applicant is the owner of all improYements located on the real property.
(3) "Totally disabled" means being mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and to the extent that such incapacity is likely to be permanent.
SECTION 2.
Each resident of Stephens County who is 55 years of age or older or who is totally disabled is granted an exemption on that person's homestead from all Stephens County ad Yalorem taxes for county purposes in the amount of $2,000.00 of the Yalue of the homestead. The Yalue of the homestead in excess of the amount exempted by this section shall remain subject to taxation.
SECTION 3.
The tax commissioner of Stephens County or the designee thereof shall proYide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption including, if applicable, appropriate proof of the applicant's being totally disabled, which proof shall include the affidaYits of at least two physicians licensed to practice medicine in this state.
SECTION 4.
The exemption shall be claimed and returned as proYided in Code Section 48-5-50. l of the O .C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notif\ the tax commissioner of Stephens County or the designee thereof in the eYent that person for any reason becomes ineligible for that exemption.
SECTION 5.
The exemptions granted by this part shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes.

GEORGI.--\ L\WS 1999 SESSIO!\

4719

SECTION 6.
The exemptions granted by this part shall be in lieu of and not in addition to any other homestead exemption from Stephens County ad Yalorem taxes for county purposes.
SECTION 7.
The exemptions granted by this part shall apply to all taxable Years beginning on or after January 1, 2001.
SECTION 8.
C nless prohibited by the federal \'oting Rights .--\ct of 1965, as amended, the election superintendent of Stephens County shall call and conduct an election as prmided in this section for the purpose of submitting Part I of this Act to the electors of Stephens County for apprornl or rejection. The election superintendent shall conduct that election on the date of the 2000 general primary and shall issue the call and conduct that election as proYided by general law. 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 haYe written or printed thereon the words:
YES Shall Part I of an .--\ct be approYed which proYides for a homestead exemption of Stephens County ad Yalorem taxes for county purposes in the amount of 52,000.00 of the assessed Yalue of certain homesteads that are leased to certain residents of that count\' after a phase-in perio&"
All persons desiring to Yote for apprmal of this part shall \'Ote"Yes," and those persons desiring to \'ote for rejection of this part shall Yote":'.\o." If more than one-half of the \"Otes cast on such question are for apprornl of this part, then Sections 1 through 7 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 2001. If Sections 1 through 7 of this part are not so approYed or if the election is not conducted as proYided in this section, Sections 1 through 7 of this part shall not become effecti\e, and this part shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Stephens County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
PART II
SECTION 9.
For purposes of this part, the term:
(1) "Ad Yalorem taxes for educational purposes" means all ad Yalorem taxes for educational purposes leYied by, for, or on behalf of

-1i20 LOC.-\L .-\.,D SPECI.-\L .-\CTS .-\.,D RESOLL'TIO!'\S, \'OL. II
the Stephens County school district including, but not limited to, taxes to retire school bond indebtedness.
(2) .. Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G..-\. but only includes real property where the person who is the applicant holds real property subject to a \\Titten lease of not less than ten years in duration, the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made, and the applicant is the owner of all improwments located on the real property.
(3) "Totally disabled" means being mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and to the extent that such incapacity is likely to be permanent.
SECTION 10.
Each resident of the Stephens County school district who is 55 years of age or older or who is totally disabled is granted an exemption on that person's homestead from all Stephens County school district ad rnlorem taxes for educational purposes in the amount of S2,000.00 of the ,alue of the homestead. The Yalue of the homestead in excess of the amount exempted by this section shall remain subject to taxation.
SECTION 11.
The tax commissioner of Stephens County or the designee thereof shall prmide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption, including, if applicable, appropriate proof of the applicant's being totally disabled, which proof shall include the affidaYits of at least two physicians licensed to practice medicine in this state.
SECTION 12.
The exemption shall be claimed and returned as proYided in Code Section -18-5-50.1 of the O.C.G..-\. The exemption shall be automatically renewed from year to Year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Stephens County or the designee thereof in the eYent that person for any reason becomes ineligible for that exemption.
SECTION 13.
The exemptions granted by this part shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes.
SECTION 14.
The exemptions granted by this part shall be in lieu of and not in addition to any other homestead exemption from Stephens County school district ad rnlorem taxes for educational purposes.

GEORGI.-\ L-\\\'S 1999 SESSIO:\'

-1-721

SECTION 15.

The exemptions granted by this part shall apply to all taxable Years beginning on or after January 1, 2001.

SECTION 16.

L'nless prohibited by the federal \'oting Rights .-\ct of 1965, as amended, the election superintendent of Stephens County shall call and conduct an election as proYided in this section for the purpose of submitting Part II of this .-\ct to the electors of Stephens County for apprmal or rejection. The election superintendent shall conduct that election on the date of the 2000 general primary and shall issue the call and conduct that election as proYided by general law. 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 haYe written or printed thereon the words:

YES Shall Part II of an .-\ct be apprmed which pro,ides for

:\'O

a homestead exemption of Stephens County school district ad Yalorem taxes for educational purposes in

the amount of S2,000.00 of the assessed rnlue of

certain homesteads that are leased to certain residents

of that county after a phase-in period~"

.-\11 persons desiring to \'ote for approYal of this part shall Yote "Yes, .. and those persons desiring to Yote for rejection of this part shall Yote ":\'o." If more than one-half of the ,otes cast on such question are for approYal of th is part, then Sections 9 through 15 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January l, 2001. If Sections 9 through 15 of this part are not so approYed or if the election is not conducted as proYided in this section, Sections 9 through 15 of this part shall not become effectiYe, and this part shall be automaticalh' repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Stephens County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

P.-\RT III

SECTION 17.

Except as otherwise proYided in Parts I and II of this .-\ct, this .-\ct shall become effectiYe upon its approYal by the GoYernor or upon its becoming law without such apprmal.

SECTION 18.

.-\11 laws and parts of laws in conflict with this .-\ct are repealed.

-li22 LOCAL .-\..,D SPECIAL ..-\CTS .-\..,D RESOLL'TIO~S. \'OL. II
:'\OTICE OF I:\'TE:\'TIO:'\ TO I:'\TRODL'CE LOCAL LEGISL-\TIO:\'
:'\otice is gfren that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to proYide a homestead exemption from Stephens County ad Yalorem taxes in the amount of S2,000.00 of the assessed Yalue of certain Homesteads that are leased to certain residents of Stephens County and who otherwise meet the requirements for such exemption as set forth in the bill, and for other purposes.
This 4th daY of \-larch. 1999
Jeanette Jamieson, RepresentatiYe, 22nd District
GEORGL-\, Fl'LTO:'\ COL':\'TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carol Jackson, who on oath deposes and says that she is the Senator from the 50th District and further deposes and says as follmrs:
(1) That the attached :'\otice of Intention to Introduce Local Legislation was published in the Chieftain and Toccoa Record which is the official organ of Stephens County on the following date: \,larch 5, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed, transmitted by facsimile. or otherwise proYided to the goYerning authority of any county, municipality, or consolidated goYernment "hose charter or enabling .-\ct is amended, as required bY subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution -or other written notification of the goyerning authority of the affected county, municipality, or consolidated gO\ernment and a copy of such resolution or other written notification is attached hereto.
..L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated goYernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county go\'erning authority within which the area proposed to be annexed is located at the time the notice was published,

GEORGIA L\WS 1999 SESSIO:\'
as required by Code Section 28-1-14.1.
s/ CAROL JACKSO:': Senator, 50th District
Sworn to and subscribed before me, this I0th day of Ylarch, 1999. s/ SL'S..\., GORDO:\'
:'\otary Public, Rockdale County, Georgia \1y Commission Expires :\'oY. 18, 2001 (SEAL)
Apprmed April 1G, 1999.

4i23

TA\1..OR COC:\'TY BCILDl:\'G ACTH ORITI' - POWERS.
:'\o. 251 (Senate Bill :'\o. 278).
AX ACT
To amend an Act creating and establishing the Taylor County Building Authority, apprmed ~-larch 27, 1995 (Ga. L. 1995, p. 3568), so as to pro,ide for an additional power which may be exercised by such authority; to proYide an effecti\e date; to repeal conflicting laws; and for other purposes.
BE IT E:'\'ACTED BY THE GE:'\'ER.\L ASSE\1BLY OF GEORGIA:
SECTION 1.
An Act creating and establishing the Taylor County Building Authority, apprmed March 27, 1995 (Ga. L. 1995, p. 3568), is amended by inserting between paragraphs (10) and (11) of Section 4 a new paragraph (10.1) to read as follows:
" ( I 0.1) To borrow money to further carry out its public purpose and to execute mortgages, deeds to secure debt, or such other agreements or instruments as may be necessary or desirable, in the judgment of the authority, to eYidence and to proYide security for such borrowing."
SECTION 2.
This Act shall become effectiYe upon its approyal by the GoYernor or upon its becoming law without such apprmal.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

4i24 LOCAL .A,.1',m SPECIAL ACTS .-\..'.;D RESOLCTIO'.\/S, \'OL. II
NOTICE OF l:'\TE:'\TIO'.\1 TO 1:-.JTRODCCE LOCAL LEGISL-\TIO!\'
:'.'\otice is hereby giYen that there will be introduced at the regular 1999 General Assembly of Georgia a bill to amend an act creating the Taylor County Building Authority approYed Ylarch 27, 1995, page 3568 and future purposes.
This 8th day of :Vlarch, 1999.
Board of Commissioners of Ta.dor CountY. GEORGI.-\, FCLTOJ'i COC!\'TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Hooks, who on oath deposes and says that he is the Senator from the 1-!th District and further deposes and says as follows:
(1) That the attached :-.iotice of Intention to Introduce Local Legislation was published in the Taylor County l\'ews, " hich is the official organ of Taylor County on the following date: March 11, 1999.
(2) That the laws requiring notice of local legislation ,\"ere further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the gmerning authority of any cmmty, municipality, or consolidated goYernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-1-!.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated goyernment and a copy of such resolution or other written notification is attached hereto.
j_ The notice requirement of subsection (b) of Code Section 28-1-14
does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated gmernment or the bill affects a local school system.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1- 1-!. l.
s/ GEORGE HOOKS Senator, 14th District
Sworn to and subscribed before me, this 15th day of March, 1999.

GEORGIA L-\WS 1999 SESSIO.'.\'
s/ TERESA A.DKl!'\S ;'l;otary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL)
Apprmed April 16, 1999.

4i25

ROCKDALE COCI\TY - '.\1..-\GISTRA.TE COCRT; CHIEF MAGISTR-\TE; COMPE!'\SATIO!'\.
!'\o. 252 (Senate Bill No. 2i9) .
.-\..~ ACT
To amend an Act creating a Magistrate's Court of Rockdale County, apprmed March 13, l 9i8 (Ga. L. l 9i8, p. 390i) , as amended, particularly by an .\ct apprmed March 22, 1990 (Ga. L. 1990, p . 4520), so as to change the prmisions relating to the annual salary of the chief magistrate; to prmide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT E!'\.-\CTED BY THE GE!'\ER-\L ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating a Magistrate's Court of Rockdale County, approYed March 13, l 9i8 (Ga. L. l 9i8, p . 390i), as amended, particularly by an Act apprmed March 22, 1990 (Ga. L. 1990, p. 4520), is amended by striking Section 12 of said Act and inserting in lieu thereof a new Section 12 to read as follows:
"SECTIO!'\ 12.
The chief magistrate of the Magistrate's Court of Rockdale County shall recei,e an annual salary equal to 4i percent of the base salary of a superior court judge as set forth in Code Section 45-i-4 of the O.C.G.A.. , as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The salary proYided in this section may be increased at any time by resolution of the Rockdale County Board of Commissioners."
SECTION 2.
This Act shall become effectiYe on July 1, 1999.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
A RESOLLTIO!'\ REQUESTING THAT THE LOCAL DELEGATION FOR ROCKD.-\LE COC!'\TY, GEORGIA, PRESENT TO THE GENERAL AS-

4726 LOCAL A.'m SPECIAL ACTS .-\..'m RESOLCTIOl\'S, \'OL. II
SE\IIBLY CERT,-\IJ\; LOCAL LEGISL-\TION REL-\Tl\'E TO THE SAL-\RIES OF ELECTED OFFICIALS
\\'HEREAS, Elected Officials of Rockdale County, Georgia, wish to make minor changes to said Acts so as to clarify compensation.
\,\'HEREAS, the Board of Commissioners of Rockdale County, Georgia, wish as to formally request that the Local Delegation for Rockdale County present said proposed amendments to the Georgia General Assembh-;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Rockdale County, Georgia, and it is hereby resoh-ed by authority of said as follows:
That the Rockdale County Local Delegation to the 1999 Session of the General Assembly of the State of Georgia is hereby respectfully requested to propose and introduce the following amendments to the Acts creating the Board of Commissioners for Rockdale County, State Court Judge for Rockdale County, and the Magistrate Court for Rockdale County and setting the salaries of other elected officials and supplements for Superior Court judges:
Amendment I
An Act (1992 SB258) to proYide for a supplement to the compensation, salary, expenses, and allowances of the judge of the Superior Court of the Rockdale Judicial Circuit; Section 1. (a) in addition to the compensation, salary, expenses, and allowances presently being receiYed bY the judges of the Superior Court of the Rockdale Judicial Circuit from the State of Georgia or any other source, the judges of the superior court of said circuit shall receiYe a supplement to such compensation from the funds of Rockdale County in the amount equal to 17% of the compensation as set by the State of Georgia. The supplement shall be paid in equal monthly installments from the funds of Rockdale County.
Amendment II
Section 1. An Act creating the State Court of Rockdale County apprmed April 2, 1987 (Ga. 1987, p. 5452), as amended is amended by striking subsection C of Section II in its entirety and substituting in lieu thereof a new subsection C to read as follows: "The judge shall de\"ote full time to the duties of his office and he shall be paid an annual salary equal to 92.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A, as now or hereafter amended. The base salary of superior court judge shall mean that salary paid from state funds and shall include any county supplement."
Amendment III
Section 1. An Act creating a Magistrate's Court of Rockdale County, approYed March 13, 1978 (Ga. L. 1978, p. 3907), as amended, is amended

GEORGIA L\WS 1999 SESSIOK
by striking Section 12 of said Act and inserting in lieu thereof a new Section I 2 to read as follows; "Section I 2. The chief magistrate of the Ylagistrate's Court of Rockdale County shall receiYe an annual salary equal to 43.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement..,
Amendment I\'
Section 1. An Act creating a board of commissioners for Rockdale County, approYed Ylarch 4, 1977 (Ga. L. 1977, p . 2817), as amended, is amended by striking subsection (a) of Section 7 in its entirety and inserting in lieu thereof a new subsection (a) to read as follo\\s: .. (a) Commissioners other than the chairman shall receiYe an annual salary for sen-ices as same equal to 16.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G...\., as now or hereafter amended. The Chairman shall receiYe an annual salary for senices as same equal to 71.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid form state funds and shall include any county supplement. The salary of the chairman and commissioners shall be paid in equal monthly installments paid from the funds of Rockdale Count\". The Board of Commissioners shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
Amendment \'
Section 1. An .--\ct placing the sheriff of Rockdale County on an annual salary, apprmed February 18, 1966 (Ga. L. 1966, p. 2039), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section to read as follows: "Section 2. The sheriff shall receiYe an annual salary equal to 62.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale Count\". The sheriff shall also be authorized to participate in the Group Retirem~nt Program and the Group Hospitalization Benefit Program on the same basis as other officers and employes of Rockdale County if he/she meets the normal eligibility requirements of the programs."
Amendment \1
Section 1. An Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approYed Ylarch 4, 1969 (Ga. L. 1969, p. 2176), as amended, is amended by striking Section 2 in its entirety and inserting

4i28 LOCAL .-\.,D SPECI.-\L ACTS .-\.,D RESOLL'TIO:'\S. \'OL II
in lieu thereof a new Section 2 to read as follows: "Section 2. The clerk of the Superior Court of Rockdale County shall receiYe an annual salary equal to 56 percent of base salary of a superior court judge set forth in Code Section 45-i-4 of the O.C.G.A.. as set forth or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The clerk shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs.
Amendment \11
Section 1. An Act creating the office of tax commissioner of Rockdale County. approYed February 26, 1943 (Ga. L 1943. p. 1106.as amended. is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section to read as follows: "Section 4. The Tax Commissioner of Rockdale County shall receiYed an annual salary equal to 56 percent of the base salary of a superior court judge as set forth in Code Section -15-i-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The tax commissioner shall be authorized to appoint a chief deputy and four full time deputies to assist him in the discharge of his official duties. The tax commissioner shall also be authorized to participate inthe Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs.
Amendment \111
Section 1. An Act prmiding an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, apprmed '.\1arch 4, 1969 (Ga. L. 1969, p. 2li3) . as amended is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 read as follows: section 2. The Judge of the probate court shall receiYe an annual salary equal to 51.5 percent of the base salary of a superior court judge as set forth in Code Section 45-i-4 of the O .C.G.A.. as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The judge of the probate court shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs...

GEORGI.-\ L-\WS 1999 SESSIOI\'

4729

Amendment IX

Section 1. .-\n .-\ct proYiding an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, approYed April 4, 1967 (Ga. L. 1967, p. 2505), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: ..Section 2. The coroner shall recehe an annual salary equal to 10.5 percent of the base salary of the superior court judge as set forth in Code Section 45-7---1 of the O.C.G..-\., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The coroner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs."

SO RESOL\'ED, this 23 day of February, 1999

SO RESOL\'ED, this 23 day of February, 1999

ROCKDALE COC::\TY, GEORGL-\ BOARD OF COM'.\HSSIO:-.:ERS

s/ :-.:orman V\l1eeler :-.:orman V\l1eeler, Chairman

s/ Bud Sosebee Bud Sosebee, Commissioner Post I

s/ Barbara :-.:. :VlcCarthy Barbara :-.:mm :VlcCarthy, Commissioner Post II
ROCKDALE coc:-.;TY ELECTED OFFICI.-\LS

s/ S. :-.;ation

s/ Jeff Wigington

Superior Court Judge Sidney :-.:ation SheriffJeff Wigington

s/ DaYid B. Irwin Superior Court Judge DaYid Irwin

s/ Dan Ray Tax Commissioner Dan RaY

s/ William Todd State Court Judge William Todd
s/ Lillis J. Brown
Probate Court Judge Lillis Brown

s/ Rudy Horne .\1agistrate Court Judge RudY Horne
s/ SteYen Boyle Coroner SteYe Boyle

s/ Joanne P. Caldwell Superior Court Clerk Joanne Caldwell

4730 LOCAL ,.\..'\D SPECIAL ACTS ..\..'\D RESOLCTIO'.\'S, \'OL. II
Attest:
s/ Jean F. Hambrick Ex-Officio Clerk
Jean F. Hambrick
.\pproYed as to form:
s/ John :\'ix Count\.' .-\ttorneY. John :\'ix
LEGAL '.\'OTICE OF l!'\TE'.\'TIO'.\' TO
l!'\TRODCCE LOC.-\L LEGISL-\TIO'.\'
'.\'otice is giwn that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .\ct creating a Magistrate's Court of Rockdale County. apprmed \larch 13. 1978 (Ga. L. 1978. p. 3907), as amended, particularly by an .\ct apprmed '.\farch 22, 1990 (Ga. L. 1990, p. 4520); and for other purposes.
State Senator 45th District Bob Guhl
GEORGIA, FCLTO'.\' COC'.\'TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A.C. Bob Guhl, who on oath deposes and says that he is the Senator from the 45th District and further deposes and says as follows:
(1) That the attached '.\'otice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County on the following date: :\farch 9, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise prmided to the gmerning authority of any county, municipality, or consolidated goYernment whose charter or enabling .\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
j_ The notice requirement of subsection (b) of Code Section 28-1-14
does not apply because the bill does not amend the charter of a

GEORGI.-\ L\WS 1999 SESSIOi'\

4i31

municipality or the enabling .-\ct of a county or consolidated gmernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill is an annexation bill and a copy of the bill was pnwided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-l. l.
s/ ..\.C. "BOB"' GCHL Senator, 45th District
Sworn to and subscribed before me, this 15th day of ~larch, 1999.
s/ TERESA ..\DKI~S ~otary Public, Clayton County, Georgia ~ly Commission Expires Jan. 5. 2001 (SE.-\L)
.-\pprmed April 16, 1999.

ROCKD..\LE COC~TY- T..\X CO\l~HSSIO~ER; CO~IPE~S..\TIO~.
~o. 253 (Senate Bill ~o. 280) .
.-\.'\ .-\CT
To amend an .-\ct creating the office of tax commissioner of Rockdale County, approYed February 26, 1943 (Ga. L. 1943, p. 1106), as amended, particularly by an .-\ct approYed ~larch 20, 1990 (Ga. L. 1990, p. 4183), so as to change the proYisions relating to the salary of the tax commissioner; to prmide an effectiYe date: to repeal conflicting laws: and for other purposes.
BE IT E~.-\CTED BY THE GE~ER.\L .-\SSE~IBLY OF GEORGI.-\:
SECTION 1.
.-\n .-\ct creating the office of tax commissioner of Rockdale County, apprmed February 26, 1943 (Ga. L. 1943, p. 1106), as amended, particularly by an .-\ct apprmed ~larch 20, 1990 (Ga. L. 1990, p. 4183), is amended by striking Section -l in its entirety and inserting in lieu thereof a new Section -l to read as follows:
"SECTIO~ 4.
The tax commissioner of Rockdale CountY shall receiYe an annual salanequal to 62 percent of the base salary ot' a superior court judge as set forth in Code Section 45-i--l of the O.C.G..-\., as now or hereafter amended. The base salary of a superior court judge shall mean that

4i32 LOCAL A."D SPECIAL ACTS .--\.". D RESOLCTIO!\'S, \'OL. II
salary paid from state funds and shall not include any county supplement or expense reimbursements. The salary shall be payable in equal monthly installments from the funds of Rockdale CountY. The salan proYided in this section may be increased at any time by the Rockdal~ County Board of Commissioners. The tax commissioner shall be authorized to appoint a chief deputy and four full-time deputies to assist him or her in the discharge of his or her official duties. The tax commissioner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he or she meets the normal eligibility requirements."
SECTION 2.
This .--\ct shall become effectiYe on July 1, 1999.
SECTION 3.
.--\II laws and parts of laws in conflict with this .--\ct are repealed.
.--\ RESOLLTIO:-.: REQCESTI:-.:G THAT THE LOCAL DELEG.--\TIO'.\ FOR ROCKDALE COC'.\TI', GEORGI.--\, PRESE:-.:T TO THE GE:-.:ER.\L .--\SSE~IBLY CERTA.JS LOCAL LEGISL-\TIO:-.: REL-\Tl\'E TO THE S.-\L\RIES OF ELECTED OFFICIALS
WHEREAS, Elected Officials of Rockdale County. Georgia, wish to make minor changes to said .-\cts so as to clarify compensation.
WHEREAS, the Board of Commissioners of Rockdale County. Georgia, " ish as to formally request that the Local Delegation for Rockdale County present said proposed amendments to the Georgia General Assembly;
:--iOW. THEREFORE. BE IT RESOL\'ED , bY the Board of Commissioners of Rockdale County, Georgia. and it is hereb~ resohed by authority of said as follows:
That the Rockdale County Local Delegation to the 1999 Session of the General Assembly of the State of Georgia is hereby respectfully requested to propose andintroduce the following amendments to the .-\cts creating the Board of Commissioners for Rockdale County, State Court Judge for Rockdale County. and the :\fagistrate Court for Rockdale County and setting the salaries of other elected officials and supplements for Superior Court judges:
Amendment I
.--\n .-\ct (1992 SB258) to proYide for a supplement to the compensation, salary, expenses, and allowances of the judge of the Superior Court of the Rockdale Judicial Circuit: Section 1. (a) in addition to the compensation. salary, expenses. and allowances presently being receiYed by the judges of the Superior Court of the Rockdale Judicial Circuit from the State of Georgia or any other source, the judges of the superior court of said circuit

GEORGI.-\ L\\\'S 1999 SESSIO:'\

-1i33

shall receiYe a supplement to such compensation from the funds of
Rockdale County in the amount equal to I i9'c. of the compensation as set
by the State of Georgia. The supplement shall be paid in equal monthly installments from the funds of Rockdale Count,.
.-\mendment II
Section I ..-\.n .-\ct creating the State Court of Rockdale County approYed .-\pril 2, 198i (Ga. 198i. p. 5-152). as amended, is amended by striking subsection C of Section II in its entirety and substituting in lieu thereof a new subsection C to read as follows: 'The judge shall deYote full time to the duties of his office and he shall be paid an annual salary equal to 92.5 percent of the base salary of a superior court judge as set forth in Code Section -13-7--1 of the O.C.G..-\., as now or hereafter amended. The base salary of superior court judge shall mean that salary paid from state funds and shall include any county supplement...
Amendment III
Section I. .-\.n .-\ct creating a \lagistrates Court of Rockdale County, approYed \larch 13, 19i8 (Ga. L. 1978, p. 390i), as amended, is amended by striking Section 12 of said .-\ct and inserting in lieu thereof a new Section 12 to read as follows: "Section 12. The chief magistrate of the \fagistrate's Court of Rockdale County shall receiYe an annual salary equal to 43.5 percent of the base salary of a superior court judge as set forth in Code Section -15-7--1 of the O.C.G..-\., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement."
Amendment I\'
Section 1. .-\.n .-\ct creating a board of commissioners for Rockdale County, apprmed \farch 4. 197i (Ga. L. 197i, p. 281i), as amended.is amended by striking subsection (a) of Section 7 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: .. (a) Commissioners other than the chairman shall receiYe an annual salary for senices as same equal to 16.5 percent of the base salary of a superior court judge as set forth is Code Section -15-7--1 of the O.C.G..-\., as now or hereafter amended. The Chairman shall recei\e an annual salary for sen-ices as same equal to il .5 percent of the base salary of a superior court judge as set forth in Code Section -15-7--1 of the O.C.G..-\., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid form state funds and shall include any county supplement. The salary of the chairman and commissioners shall be paid in equal monthly installments paid from the funds of Rockdale Count\. The Board of Commissioners shall also be authorized to participate i1~ the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/she meets the normal eligibility requirements of the programs...

4734 LOCAL A..'\D SPECIAL ACTS .--\..'\D RESOLCTIO..'\S, \'OL. II
Amendment \'
Section l. An .-\ct placing the sheriff of Rockdale County on an annual salary, approYed February 18, 1966 (Ga. L. 1966, p. 2039), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section to read as follm\'s: "Section 2. The sheriff shall recei\e an annual salary equal to 62.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The sheriff shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employes of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
Amendment \1
Section l . An .-\ct fixing the compensation of the clerk of the Superior Court of Rockdale County, approYed \farch 4, 1969 (Ga. L. 1969, p. 2176), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follm,- s: "Section 2. The clerk of the Superior Court of Rockdale County shall receiYe an annual salary equal to 56 percent of base salary of a superior court judge set forth in Code Section 45-7-4 of the O.C.G..-\., as set forth or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include am county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The clerk shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
Amendment \11
Section l. :\.n .-\ct creating the office of tax commissioner of Rockdale County, approYed Februan 26, 1943 (Ga. L. 1943, p. 1106,as amended, is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section to read as follows: section -1. The Tax Commissioner of Rockdale County shall receiYe an annual salary equal to 56 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G..-\., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale Count\. The tax commissioner shall be authorized to appoint a chief deputy and .four full time deputies to assist him in the discharge of his official duties. The tax commissioner shall also be authorized to participate inthe Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers

GEORGIA L\WS 1999 SESSIO'.\:

4i35

and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs.
Amendment \lll
Section 1. An Act proYiding an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approYed Ylarch 4, 1969 (Ga. L. 1969, p. 21 i3), as amended is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 read as follmrs: "Section 2. The Judge of the probate court shall receiYe an annual salary equal to 5l .5 percent of the base salary of a superior court judge as set forth in Code Section 45-i-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The judge of the probate court shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
Amendment IX
Section 1. An Act pro,iding an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, approYed April 4, l 96i (Ga. L. 196i p. 2505). as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The coroner shall receiYe an annual salary equal to 10.5 percent of the base salary of the superior court judge as set forth in Code Section 45-i-4 of the O.C.G.A., as nm, or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The coroner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requiremen ts of the programs."
SO RESOL\'ED. this 23 daY of February. 1999
SO RESOL\'ED. this 23 day of February. 1999
ROCKDALE COC:\TY. GEORGIA BOARD OF CO'.\,C\HSSIO:\'ERS
s/ :\'orman \\l1eeler :\'orman \,\l1eeler, Chairman
s/ Bud Sosebee Bud Sosebee,

4i36 LOCAL .-\..\;D SPECIAL .-\CTS .-\..\;D RESOLCTio:-,.;s, \'OL. II

Commissioner Post I

s/ Barbara :'.\. ~lcCarthy Barbara :'.\mm ~lcCarthy, Post II

ROCKDALE coc::-.:TY ELECTED OFFICIALS

s/ S. ~ation Superior Court Judge Sidney :'.\ation
s/ DaYid B. Irwin Superior Court Judge Da,id Irwin
s/ William Todd State CourtJudge William Todd
s/ Lillis J. Brown
Probate Court Judge Lillis Brmm

s/Jeff \\'igington Sheriff Jeff Wigington
s/ Dan Ray Tax Commissioner Dan Ra"
s/ Rudy Horne '.\1agistrate Court Judge Rud\' Horne
s/ SteYen Boyle Coroner Ste\'e Bmle

s/ Joanne P. Caldwell Superior Court Clerk Joanne Caldwell

Attest:

s/ Jean F. Hambrick Ex-Officio Clerk Jean F. Hambrick

ApproYed as to form :

s/ John Nix Count\, ' .-\ttorneY, John ~ix

LEGAL :-,.;oTICE OF INTE:-,.;TION TO INTRODCCE
LOCAL LEGISLATION

~otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .-\ct creating the office of tax commissioner of Rockdale County, approYed February 26, 1943 (Ga. L. 1943, p. 1106), as amended, particularly by an .-\ct approYed ~larch 20, 1990 (Ga. L. 1990, p. 4183); and for other purposes.

State Senator 45th District
Bob Cuhl

GEORGIA L\WS 1999 SESSIO:--:

4i37

GEORGIA, FCLTO'.\: COC:'\TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, .-\.C. Bob Guhl, who on oath deposes and says that he is the Senator from the 45th District and further deposes and says as follows:
(I) That the attached '.\otice of Intention to Introduce Local Legislation was published in the Rockdale Citizen \\hich is the official organ of Rockdale County on the follm\"ing date: Yiarch 4, 1999.
(2) That the laws requiring notice of local legislation were further complied \\"ith in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise prmided to the goYerning authority of any county, municipality, or consolidated gmernment " hose charter or enabling Act 1s amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.
..L The notice requirement of subsection (b) of Code Section 28-1-14 does not applY because the bill does not amend the charter of a municipality or the enabling .--\ct of a county or consolidated goyernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goyerning authority within ''"hich the area proposed to be annexed is located at the time the notice was published, as required lw Code Section 28-1-14.1.
s/ .--\.C. "BOB" GCHL Senator, 45th District
S\\orn to and subscribed before me, this 10th day of \larch, 1999.
s/ TERESA .--\DKI'.\S '.\otary Public, Clayton Count\', Georgia \ly Commission Expires Jan. :'i, 2001 (SEAL)
ApproYecl April 16. 1999.

4738 LOCAL .-\..'\iD SPECIAL ACTS .-\..\;D RESOLL"TIO:--:S, \'OL. II
ROCKDALE COL"'.\'TY - SHERIFF; CO~vlPE'.\'SATIO;I,;.
'.\'o. 254 (Senate Bill '.\'o. 281).
A'.\i .\CT
To amend an Act placing the sheriff of Rockdale County on an annual salary, approYed February 18, 1966 (Ga. L. 1966, p. 2039), as amended, particularly by an Act apprmed Ylarch 20, 1990 (Ga. L. 1990, p. 4179), so as to change the prmisions relating to the compensation of the sheriff; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT E'.\'ACTED BY THE GE'.\'ERAL ASSEYIBLY OF GEORGI.\:
SECTION I.
An Act placing the sheriff of Rockdale County on an annual salary, approYed February 18, 1966 (Ga. L. 1966, p. 2039), as amended, particularly by an Act approYed Ylarch 20, 1990 (Ga. L. 1990, p. 4179), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"SECTIO'.\i 2.
The sheriff shall receiYe an annual salary equal to 70 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G..\., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The salary proYided in this section ma\' be increased at am time b, resolution of the Rockdale Count\' Board of Commissioners. Tl;e sheriff shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he or she meets the normal eligibility requirements of the programs...
SECTION 2.
This .\ct shall become effecthe on July 1, 1999.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
A RESOLL"TIO1' REQL"ESTI'.'\G THAT THE LOCAL DELEGATION FOR ROCKDALE COL"'.\'TY, GEORGI.\, PRESE'.'\T TO THE GE'.\'ERAL .\SSE\'IBLY CERT.--\1:--: LOCAL LEGISL\TIO!'i REL\Tl\'E TO THE SAL\RIES OF ELECTED OFFICL\LS
WHEREAS, Elected Officials of Rockdale County, Georgia, wish to make minor changes to said Acts so as to clarify compensation.

GEORGIA LAWS 1999 SESSIOK

4739

WHEREAS, the Board of Commissioners of Rockdale County, Georgia, wish as to formally request that the Local Delegation for Rockdale County present said proposed amendments to the Georgia General Assembly;
~OW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Rockdale County, Georgia, and it is hereby resoh-ed by authority of said as follows:
That the Rockdale County Local Delegation to the 1999 Session of the General Assembly of the State of Georgia is hereby respectfully requested to propose and introduce the following amendments to the Acts creating the Board of Commissioners for Rockdale County, State Court Judge for Rockdale County, and the Ylagistrate Court for Rockdale County and setting the salaries of other elected officials and supplements for Superior Court judges:
Amendment I
An Act (1992 SB258) to proYide for a supplement to the compensation, salary, expenses, and allowances of the judge of the Superior Court of the Rockdale Judici.il Circuit; Section I. (a) in addition to the compensation. salary, expenses, and allowances presently being receiYed by the judges of the Superior Court of the Rockdale Judicial Circuit from the State of Georgia or any other source, the judges of the superior court of said circuit shall receiYe a supplement to such compensation from the funds of Rockdale County in the amount equal to 17% of the compensation as set by the State of Georgia. The supplement shall be paid in equal monthly installments from the funds of Rockdale Count\'.
Amendment II
Section I. An Act creating the State Court of Rockdale County apprmed April 2, 1987 (Ga. 1987, p. 5452), as amended, is amended by striking subsection C of Section II in its entirety and substituting in lieu thereof a new subsection C to read as follows: "The judge shall deYote full time to the duties of his office and he shall be paid an annual salary equal to 92.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of superior court judge shall mean that salary paid from state funds and shall include any county supplement."
Amendment III
Section I. An Act creating a Ylagistrate's Court of Rockdale County. approYed March 13, 1978 (Ga. L. 1978, p. 3907), as amended, is amended by striking Section 12 of said Act and inserting in lieu thereof a new Section 12 to read as follows; "Section 12. The chief magistrate of the Ylagistrate s Court of Rockdale County shall receiYe an annual salary equal to -13.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7--1 of the O.C.G.A.. as no" or hereafter amended. The base

4740 LOCAL A',;D SPECIAL ACTS .-\.'.\ID RESOLCTIO!\S, \'OL. II
salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement."
Amendment I\'
Section 1. .-\n .-\ct creating a board of commissioners for Rockdale County, apprmed March 4, 1977 (Ga. L. 1977, p. 2817), as amended,is amended by striking subsection (a) of Section 7 in its entirety and inserting in lieu thereof a ne\\ subsection (a) to read as follows: "(a) Commissioners other than the chairman shall recein. an annual salary for senices as same equal to 16.5 percent of the base salary of a superior court judge as set forth is Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The Chairman shall receiYe an annual salary for senices as same equal to 71.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A, as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary of the chairman and commissioners shall be paid in equal monthly installments paid from the funds of Rockdale CountY. The Board of Commissioners shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
Amendment \'
Section 1. An .-\ct placing the sheriff of Rockdale County on an annual salary, apprmed February 18, 1966 (Ga. L. 1966, p. 2039), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section to read as follm\'s: "Section 2. The sheriff shall receiYe an annual salary equal to 62.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G..-\., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The sheriff shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
Amendment \1
Section 1. .-\n .-\ct fixing the compensation of the clerk of the Superior Court of Rockdale County, approYed \1arch 4, 1969 (Ga. L. 1969, p. 2176), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The clerk of the Superior Court of Rockdale County shall receiYe an annual salary equal to 56 percent of base salary of a superior court judge set forth in Code Section 45-7-4 of the O.C.G..-\., as set forth or hereafter amended. The base

GEORGL-\ L-\\\'S 1999 SESSIO~

-17-l l

salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The clerk shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs...
Amendment \11
Section I . .-\.n .-\ct creating the office of tax commissioner of Rockdale County, approYed February 26, 1943 (Ga. L. 1943, p. 1106,as amended, is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section to read as follows: section -l. The Tax Commissioner of Rockdale County shall recei\e an annual salary equal to 56 percent of the base salary of a superior court judge as set forth in Code Section -15-7--l of the O.C.G..-\., as now or hereafter amended. The base salary of a superior courtjudge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthlY installments from the funds of Rockdale Count\". The tax commissioner shall be authorized to appoint a chief deputY anct'four full time depmies to assist him in the discharge of his official duties. The tax commissioner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
Amendment \111
Section 1. An Act prmiding an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approYed '.\!larch 4, 1969 (Ga. L. 1969, p. 2173), as amended is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 read as follows: "Section 2. The Judge of the probate court shall receiYe an annual salary equal to 51.5 percent of the base salary of a superior court judge as set forth in Code Section -15-7--l of the O.C.G..-\., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any count\' supplement. The salary shall be payable in equal monthly installmems from the funds of Rockdale County. The judge of the probate court shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibilitY requirements of the programs."
.-\mendment IX
Section I. An .-\ct proYiding an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, approYed April -l, 1967 (Ga. L. 1967 p . 2505), as amended, is amended by striking Section 2 in its

4i42 LOCAL ,-\..'\D SPECIAL ACTS .-\..'\;D RESOLCTio:-.:s. \'OL. II

entirety and inserting in lieu thereof a ne\\ Section 2 to read as follows: " Section 2. The coroner shall receiYe an annual salary equal to 10.5 percent of the base salary of the superior court judge as set forth in Code Section 45-i-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The coroner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale CountY if he meets the normal eligibility requirements of the programs...

SO RESOL\'ED, this 23 day of February, 1999

SO RESOL\'ED, this 23 day of February. 1999

ROCKDALE coc:-.:TY. GEORGI.--\ BO.--\RD OF CO\1\USSIO:-.:ERS

s/ :-.:orman v\11eeler :-.:orman v\11eeler, Chairman

s/ Bud Sosebee Bud Sosebee. Commissioner Post I

s/ Barbara :-.: . \1cCarthy Barbara :-.:unn \kCarthY, Post II

ROCKDALE coc:-.:TY ELECTED OFFICIALS

s/ S. :-.:ation Superior Court Judge Sidney :-.:ation

s/ Jeff \\'igington Sheriff Jeff wigington

s/ DaYid B. In\"in Superior Court Judge DaYid In\"in

s/ Dan Ray Tax Commissioner Dan RaY

s/ William Todd State Court Judge \\'illiam Todd

s/ Rud, Horne \Iagistrate Court Judge RudY Horne

s/ Lillis J. Brmrn Probate Court Judge Lillis Brmrn

s/ Stenn Bode Coroner Ste,e Bmle

s/ Joanne P. Caldwell Superior Court Clerk Joanne Cald,\"ell

GEORGI.-\ L-\WS 1999 SESSIO!\'

4i43

Attest:
s/ Jean F. Hambrick Ex-Officio Clerk Jean F. Hambrick ApproYed as to form:
s/ John :\'ix Count\.' Attorney. John :\'ix
LEGAL :\'OTICE OF l:\'TE!\'TIO!\' TO I~TRODL'CE
LOCAL LEGISL-\.TIO:\'
:\'otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .-\.ct placing the sheriff of Rockdale County on an annual salary, apprO\ed February 18, 1966 (Ga. L. 1966, p. 2039), as amended, particulaly by an .-\.ct apprO\ed March 20, 1990 (Ga. L. 1990, p. 41 i9); and for other purposes.
State Senator 45th District
Bob Cuhl
GEORGI.-\., FCLTO:\' COC:\'TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, AC. Bob Guhl, who on oath deposes and says that he is the Senator from the 45th District and further deposes and says as follo\\s:
(1) That the attached :\'otice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County on the following date: March 4, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the gO\erning authority of any county, municipality, or consolidated goYernment whose charter or enabling .-\.ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated goyernment and a copy of such resolution or other \\Titten notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a

-17-l-t- LOCAL .-\:\'D SPECIAL ACTS .-\:\'D RESOLL'TIO:\'S, \'OL. II
municipality or the enabling .-\ct of a cmmty or consolidated goYernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill is an annexation bill and a copy of the bill was prodded to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-1. l.
s/ .-\..C. "BOB'" Gl'HL Senator, -15th District
Sworn to and subscribed before me. this 10th day of '.\larch, l 999.
s/ TERESA .illKI:\'S :\'otary Public, Clayton County, Georgia '.\-ly Commission Expires Jan. 5, 200 l (SEAL)
.-\pprmed April 16, 1999.
ROCKDALE COC:\'TY - Sl'PERIOR COL'RT; CLERK; CO~lPE:\'S.-\TIO:\'.
:\'o. 255 (Senate Bill :\'o. 282).
AX .-\CT
To amend an .-\ct fixing the compensation of the clerk of the Superior Court of Rockdale County, approYed '.\larch -1, 1969 (Ga. L. 1969, p. 2176), as amended, particularly by an .-\ct approYed '.\farch 20. 1990 (Ga. L. 1990, p. 4185), so as to change the pnwisions relating to the compensation of the clerk of the superior court; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT E:\'.-\.CTED BY THE GE:\'ER-\.L .-\SSE'.\'IBLY OF GEORGI.-\:
SECTION 1.
.-\n .-\ct fixing the compensation of the clerk of the Superior Court of Rockdale County, apprmed '.\larch -1, 1969 (Ga. L. 1969, p. 2176), as amended, particularly by an .-\ct apprmed '.\larch 20, 1990 (Ga. L. 1990, p. -1185), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
sECTIO:\' 2.
The clerk of the Superior Court of Rockdale County shall receiYe an annual salary equal to 58 percent of the base salary of a superior court judge as set forth in Code Section -15-7--1 of the O.C.G.A.. as now or

GEORGIA L\WS 1999 SESSIO;\'

4i45

hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The salary prmided in this section may be increased at any time by resolution of the Rockdale County Board of Commissioners. The clerk shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he or she meets the normal eligibility requirements of the programs."
SECTION 2.
This Act shall become effectiYe on July 1, 1999.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
A RESOLCTIO;\' REQCESTI;\IG THAT THE LOCAL DELEGATIO!\ FOR ROCKDALE COCJ\TY, GEORGIA, PRESE!\T TO THE GENERAL ASSEMBLY CERT\!:\' LOCAL LEGISLATIO~ RELATI\'E TO THE SAL\RIES OF ELECTED OFFICIALS
\-\1-IERL\S, Elected Officials of Rockdale County, Georgia, wish to make minor changes to said Acts so as to clarify compensation.
\-\1-IEREAS, the Board of Commissioners of Rockdale County, Georgia, wish as to formally request that the Local Delegation for Rockdale County present said proposed amendments to the Georgia General Assembly;
NOW, THEREFORE, BE IT RESOL\'ED, by the Board of Commissioners of Rockdale County, Georgia, and it is hereby resohed by authority of said as follows:
That the Rockdale County Local Delegation to the 1999 Session of the General Assembly of the State of Georgia is hereby respectfully requested to propose and introduce the following amendments to the Acts creating the Board of Commissioners for Rockdale County, State Court Judge for Rockdale County, and the Magistrate Court for Rockdale County and setting the salaries of other elected officials and supplements for Superior Court judges:
Amendment I
An Act (1992 SB258) to proYide for a supplement to the compensation, salan-, expenses, and allowances of the judge of the Superior Court of the Rockdale Judicial Circuit: Section 1. (a) in additi0n to the compensation, salary, expenses, and allowances presently being receiYed by the judges of the Superior Court of the Rockdale Judicial Circuit from the State of Georgia or any other source, the judges of the superior court of said circuit shall receiYe a supplement to such compensation from the funds of

4i46 LOCAL .--\...~D SPECIAL .-\CTS .--\...~D RESOLCTIO:'\S, VOL. II
Rockdale County in the amount equal to 1i% of the compensation as set
by the State of Georgia. The supplement shall be paid in equal monthly installments from the funds of Rockdale Count\'.
Amendment II
Section I . .-\n .-\ct creating the State Court of Rockdale County approYed April 2, 198i (Ga. 198i, p. 5-152), as amended. is amended by striking subsection C of Section II in its entirety and substituting in lieu thereof a new subsection C to read as follm\"s: "The judge shall deYote full time to the duties of his office and he shall be paid an annual salary equal to 92.5 percent of the base salary of a superior court judge as set forth in Code Section -15-i--l of the O.C.G..-\., as now or hereafter amended. The base salary of superior court judge shall mean that salary paid from state funds and shall include any county supplement."
Amendment III
Section 1. .-\n .-\ct creating a \ !agistrate's Court of Rockdale County, appro\'ed :\-larch 13, 19i8 (Ga. L. 19i8, p. 390i), as amended, is amended by striking Section 12 of said .-\ct and inserting in lieu thereof a new Section 12 to read as follows: "Section 12. The chief magistrate of the ~fagistrate's Court of Rockdale County shall recei\'e an annual salary equal to 43.5 percent of the base salary of a superior court judge as set forth in Code Section -15-i--l of the O.C.G..-\., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from ~tate funds and shall indude any ...:aunty supplement."
Amendment I\'
Section I. .-\n .-\ct creating a board of commissioners for Rockdale County, appro\'ed :\-larch 4, I 9ii (Ga. L. I9ii, p. 281 i). as amended.is amended by striking subsection (a) of Section i in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Commissioners other than the chairman shall recei\'e an annual salary for sen-ices as same equal to 16.5 percent of the base salary of a superior court judge as set forth is Code Section -15-i--l of the O.C.G..-\., as now or hereafter amended. The Chairman shall recei\'e an annual salary for sen-ices as same equal to i l .5 percent of the base salary of a superior court judge as set forth in Code SeCtion -15-i--l of the O.C.G..-\., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid form state funds and shall include any county supplement. The salary of the chairman and commissioners shall be paid in equal monthly installments paid from the funds of Rockdale Count\'. The Board of Commissioners shall also be authorized to participate i1~ the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs.

GEORGIA L-\WS 1999 SESSIO~

4i4i

Amendment Y
Section 1. An Act placing the sheriff of Rockdale County on an annual salary, apprmed February 18, 1966 (Ga. L. 1966, p. 2039), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section to read as follows: "Section 2. The sheriff shall receiYe an annual salary equal to 62.5 percent of the base salary of a superior court judge as set forth in Code Section 45-i-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The sheriff shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employes of Rockdale County if he/she meets the normal eligibility requirements of the programs.
Amendment \1
Section 1. An Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approYed '.\farch 4, 1969 (Ga. L. 1969, p. 21 i6), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The clerk of the Superior Court of Rockdale County shall receiYe an annual salary equal to 56 percent of base salary of a superior court judge set forth in Code Section 45-i-4 of the O.C.G..-\., as set forth or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The clerk shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/she meets the normal eligibility requirements of the programs...
Amendment \11
Section 1. An Act creating the office of tax commissioner of Rockdale County, approYed February 26, 1943 (Ga. L. 1943, p. 1106,as amended, is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section to read as follows: "Section 4. The Tax Commissioner of Rockdale County shall receiYe an annual salary equal to 56 percent of the base salary of a superior court judge as set forth in Code Section 45-i-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale Countv. The tax commissioner shall be authorized to appoint a chief deputy and.four full time deputies to assist him in the discharge of his official duties. The tax commissioner shall also be authorized to participate inthe Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers

4748 LOCAL ,\,"ID SPECIAL ACTS ,\,"ID RESOLCTIONS, \'OL. II
and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
Amendment VIII
Section 1. An Act proYiding an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approyed March 4, 1969 (Ga. L. 1969, p . 2173), as amended is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The Judge of the probate court shall receiYe an annual salary equal to 51.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The judge of the probate court shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
Amendment IX
Section 1. An Act prmiding an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, approYed April 4, 1967, (Ga. L. 1967, p. 2505), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: " Section 2. The coroner shall recehe an annual salary equal to 10.5 percent of the base salary of the superior court judge as set forth in Code .Section 45-7-4 of the O .C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The coroner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs."
SO RESOLVED, this 23 day of February, 1999
SO RESOLVED, this 23 day of February, 1999
ROCKDALE COUNTY, GEORGIA BOARD OF COMMISSIONERS
s/ Norman Wheeler Norman Wheeler, Chairman
s/ Bud Sosebee Bud Sosebee,

GEORGI.-\ L\WS 1999 SESSIO'.'\

-17-19

Commissioner Post I

s/ Barbara'.'\. \kCarthy Barbara '.'\mm \1cCarthy, Post II

ROCKD.-\LE COC'.'\TI' ELECTED OFFICL-\.LS

s/ S. '.'\ation Superior Court Judge Sidney '.'\ation

s/ Jeff Wigington Sheriff Jeff Wigington

s/ DaYid B. Irwin Superior Court Judge DaYid Irwin

s/ Dan Ray Tax Commissioner Dan Ra\'

s/ William Todd State Court Judge William Todd
s/ Lillis J. Brown
Probate Court Judge Lillis Brmm

s/ Rudy Horne \lagistrate Court Judge Rud\' Horne
s/ SteYen Boyle Coroner SteYe Bmle

s/ Joanne P. Caldwell Superior Court Clerk Joanne Caldwell

.-\ttest:

s/ Jean F. Hambrick Ex-Officio Clerk Jean F. Hambrick

.-\pproYed as to form:

s/ John '.'\ix
Count\.' .-\ttorneY. John '.'\ix

LEG.-\L '.'\OTICE OF l:'.\'TE:'.\'TIO'.'\ TO l:'.\'TRODCCE
LOC.-\L LEGISL-\TIO'.'\

:'.\'otice is giYen that there will be introduced at the regular 1999 session of the General .-\ssembly of Georgia a bill to amend an .-\ct fixing the compensation of the clerk of the Superior Court of Rockdale County, approYed March 4, 1969 (Ga. L. 1969, p. 2176), as amended, particularly by an .-\ct approYed \larch 20, 1990 Ga. L. 1990, p. -! 185) ; and for other purposes.

4i50 LOCAL ..\...~D SPECIAL ACTS ..\...~D RESOLCTIONS, \'OL. II

GEORGIA, FCLTO!'I: COCNTY

State Senator 45th District
Bob Cuhl

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, AC. Bob Guhl, who on oath deposes and says that he is the Senator from the 45th District and further deposes and says as follows:

(I) That the attached ~otice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County on the following date: '.'Vlarch 4, 1999.

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise pro\'ided to the gmerning authority of any county, municipality, or consolidated go\'ernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-H.

_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the gmerning authority of the affected county, municipality, or consolidated go\'ernment and a copy of such resolution or other written notification is attached hereto.

L The notice requirement of subsection (b) of Code Section 28-1-1-1: does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated go\'ernment or the bill affects a local school S\'stem.

_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was pro\'ided to the county go\'erning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ .-\.C. "BOB" GCHL Senator, 45th District

Sworn to and subscribed before me, this 10th day of '.'Vlarch, 1999.

s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL)

Appro\'ed April 16, 1999.

GEORGL\ L-\WS 1999 SESSION

4751

ROCKDALE COC'.'-;TY - CORO'.'-;ER; CO~IPE'.'-;SATIO!\i. '.\;o. 256 (Senate Bill '.\;o. 283).

To amend an Act pro,iding an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, apprmed April 4, 1967 (Ga. L. 1967, p. 2505), as amended, particularly by an .-\ct appro\'ed March 28, 1990 (Ga. L. 1990, p. 4724), so as to change the pro\'isions relating to the compensation of the coroner; to pro\'ide an effecti\'e date; to repeal conflicting laws; and for other purposes.
BE IT E:--.i.-\CTED BY THE GE:--.iER-\L .-\SSEYIBLY OF GEORGL\:
SECTION 1.
An Act prmiding an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, appro\'ed April 4, 1967 (Ga. L. 1967, p. 2505), as amended, particularly by an .-\ct apprmed Ylarch 28, 1990 (Ga. L. 1990, p. 4724), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follo"s:
.. SECTIO:--.i 2.
The coroner shall recei\'e an annual salary equal to 12 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G..-\., as no" or hereafter amended. The base salarv of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursement. The salary prodded in this section may be increased at any time by resolution of the Rockdale Count\' Board of Commissioners. The coroner shall also be authorized to p~rticipate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he or she meets the normal eligibility requirements of the programs."
SECTION 2.
This .-\ct shall become effecti\e on July 1, 1999.
SECTION 3.
All laws and parts of laws in conflict with this .-\ct are repealed.
A RESOLCTfON REQCESTI:1\G THAT THE LOCAL DELEGATION FOR ROCKD,-\LE COC'.'-;TY, GEORGIA, PRESE'.'iT TO THE GE'.\iER-\L ASSEMBLY CERTA.IN LOCAL LEGISLATION REL-\Tl\'E TO THE S,-\LARIES OF ELECTED OFFICL-\LS
WHEREAS, Elected Officials of Rockdale County, Georgia, wish to make minor changes to said Acts so as to clarify compensation.

--1752 LOCAL .-\..,D SPECIAL ACTS .-\..,D RESOLL'TIO:\"S, \'OL. II
\\1-fEREAS, the Board of Commissioners of Rockdale County, Georgia, wish as to formalh request that the Local Delegation for Rockdale County present said proposed amendments to the Georgia General Assembly;
:\"OW, THEREFORE, BE IT RESOL\'ED, by the Board of Commissioners of Rockdale County, Georgia, and it is hereby resohed by authority of said as follows:
That the Rockdale County Local Delegation to the 1999 Session of the General .\ssembly of the State of Georgia is hereby respectfully requested to propose andintroduce the following amendments to the Acts creating the Board of Commissioners for Rockdale County, State Court Judge for Rockdale County, and the :\-lagistrate Court for Rockdale County and setting the salaries of other elected officials and supplements for Superior Court judges:
Amendment I
.-\.n .\ct (1992 SB258) to proYide for a supplement to the compensation, salary, expenses, and allowances of the judge of the Superior Court of the Rockdale Judicial Circuit; Section I. (a) in addition to the compensation, salary, expenses, and allmrnnces presently being recehed by the judges of the Superior Court of the Rockdale Judicial Circuit from the State of Georgia or any other source, the judges of the superior court of said circuit shall receiYe a supplement to such compensation from the funds of Rockdale County in the amount equal to 17% of the compensation as set by the State of Georgia. The supplement shall be paid in equal monthly installments from the funds of Rockdale CountY.
.\mendment II
Section I. An .\ct creating the State Court of Rockdale County approYed April 2, 1987 (Ga. 1987, p. 5452), as amended, is amended by striking subsection C of Section II in its entirety and substituting in lieu thereof a new subsection C to read as follows: "The judge shall deYote full time to the duties of his office and he shall be paid an annual salary equal to 92.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A, as now or hereafter amended. The base salary of superior court judge shall mean that salary paid from state funds and shall include any county supplement.
Amendment III
Section 1. .--\.n .\ct creating a Magistrate s Court of Rockdale County, approYed March 13, 1978 (Ga. L. 1978, p. 3907), as amended, is amended by striking Section 12 of said Act and inserting in lieu thereof a new Section 12 to read as follows: "Section 12. The chief magistrate of the Magistrate's Court of Rockdale County shall receiYe an annual salary equal to 43.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base

GEORGIA L\WS 1999 SESSION

4753

salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement."
Amendment I\'
Section 1. An Act creating a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), as amended, is amended by striking subsection (a) of Section 7 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: .. (a) Commissioners other than the chairman shall receiye an annual salary for senices as same equal to 16.5 percent of the base salary of a superior court judge as set forth is Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The Chairman shall recei\'e an annual salary for senices as same equal to 71.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid form state funds and shall include any county supplement. The salary of the chairman and commissioners shall be paid in equal monthly installments paid from the funds of Rockdale County. The Board of Commissioners shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
Amendment V
Section 1. An Act placing the sheriff of Rockdale County on an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section to read as follows: "Section 2. The sheriff shall recei,e an annual salary equal to 62.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The sheriff shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employes of Rockdale County if he/she meets the normal eligibility requirements of the programs."
Amendment VI
Section 1. An Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. L. 1969, p. 2176), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The clerk of the Superior Court of Rockdale County shall receive an annual salary equal to 56 percent of base salary of a superior court judge set forth in Code Section 45-7-4 of the O.C.G.A., as set forth or hereafter amended. The base salary of a superior courtjudge shall mean that salary paid from state funds

4754 LOCAL A.l\!D SPECIAL ACTS A.ND RESOLLTTIONS, VOL. II
and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The clerk shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
Amendment \11
Section l. An Act creating the office of tax commissioner of Rockdale County, approYed February 26, 1943 (Ga. L. 1943, p. 1106,as amended, is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section to read as follows: "Section 4. The Tax Commissioner of Rockdale County shall receiYe an annual salary equal to 56 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O .C.G.A.., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale CountY. The tax commissioner shall be authorized to appoint a chief deputy and four full time deputies to assist him in the discharge of his official duties. The tax commissioner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
Amendment \1II
Section 1. An A.ct prmiding an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approYed ~arch 4, 1969 (Ga. L. 1969, p. 2173), as amended is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The Judge of the probate court shall receiYe an annual salary equal to 51.5 percent of the base salary of a superior courtjudge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The judge of the probate court shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/she meets the normal eligibility requirements of the programs."
Amendment IX
Section 1. An Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, approved April 4, 1967 (Ga. L. 1967 p. 2505), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:

GEORGIA LAWS 1999 SESSION

4755

"Section 2. The coroner shall receive an annual salary equal to 10.5 percent of the base salary of the superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The coroner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs."

SO RESOLVED, this 23 day of February, 1999

SO RESOLVED, this 23 day of February, 1999

ROCKDALE COCNTY, GEORGIA BOARD OF COMMISSIONERS

s/ Norman \-\beeler Norman \-\beeler, Chairman

s/ Bud Sosebee Bud Sosebee, Commissioner Post I

s/ Barbara N. McCarthy Barbara Nunn McCarthy, Post II

ROCKDALE COCNTY ELECTED OFFICIALS

s/ S. Nation Superior Court Judge Sidney Nation
s/ David B. Irwin Superior Court Judge David Irwin

s/ Jeff Wigington Sheriff Jeff Wigington
s/ Dan Ray Tax Commissioner Dan Ray

s/ William Todd State Court Judge William Todd

s/ Rudy Horne Magistrate Court Judge Rudy Horne

s/ Lillis J. Brown Probate CourtJudge Lillis Brown

s/ Steven Boyle Coroner Steve Boyle

s/ Joanne P. Caldwell Superior Court Clerk Joanne Caldwell

4756 LOCAL AND SPECIAL ACTS A..11.J'D RESOLL'TIONS, VOL. II
Attest:
s/ Jean F. Hambrick Ex-Officio Clerk Jean F. Hambrick
Approved as to form:
s/ John Nix County Attorney John Nix
LEGAL NOTICE OF INTENTION TO INTRODUCE
LOCAL LEGISLATION
Notice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, approved April 4, 1967 (Ga. L. 1967, p. 2505), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4724); and for other purposes.
State Senator 45th District
Bob Cuhl
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. C. Bob Guhl, who on oath deposes and says that he is the Senator from the 45th District and further deposes and says as follows:
(1) That the attached 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: March 4, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

GEORGI.-\. L\WS 1999 SESSIO:'.\

4757

.L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school svstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was prmided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ A.C. "BOB" GCHL Senator, 45th District
Sworn to and subscribed before me, this 10th day of March, 1999.
s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SE.-\.L)
Apprmed April 16, 1999.

ROCKDALE COCNTY - BOARD OF CO'.\1MISSIONERS; COMPENSATIO:'\.
:'\o. 257 (Senate Bill Xo. 284) .
.-\.X .-\.CT
To amend an Act creating a board of commissioners for Rockdale County, approYed March 4, 1977 (Ga. L. 1977, p. 2817), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4518), so as to change the provisions relating to the compensation of the chairperson and the other members of the board of commissioners; to provide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An .-\.ct creating a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), as amended, particularly by an Act apprmed March 22, 1990 (Ga. L. 1990, p. 4518), is amended by striking subsection (a) of Section 7 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
.. (a) Commissioners other than the chairperson shall receive an annual salary for senices as same equal to 16.5 percent of the county salary supplement now or hereafter paid to a superior court judge of the

4758 LOCAL A'\JD SPECIAL ACTS A'\iD RESOLCTIO~S, \'OL. II
Rockdale Judicial Circuit plus the salary currently received by such commissioners as ofJuly l, 1999, which shall constitute the commissioners base salary, and as such base salary may be thereafter increased. The chairperson shall receive an annual salary for sen-ice as same equal to 71.5 percent of the county salary supplement now or hereafter paid to a superior court judge of the Rockdale Judicial Circuit plus the salary currently recehed by the chairperson as of July l, 1999, \\"hich shall constitute the chairperson's base salary and as such base salary may be thereafter increased. The salary of the chairperson and commissioners in equal monthly installments paid out of the county treasury upon warrants drawn upon the county ueasury. Except as otherwise provided by subsections (b) and (c) of this section, the salary so fixed shall constitute the entire compensation from all public sources to which said chairperson and other commissioners shall be entitled. The chairperson and other commissioners shall not be entitled to any further compensation for sening on any other boards or authorities by Yirtue of their office. "
SECTION 2.
This Act shall become effective on July l, 1999.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
A RESOLCTION REQCESTI;';G THAT THE LOCAL DELEGATION FOR ROCKDALE COCNTY, GEORGIA, PRESENT TO THE GE'.'\ER.-\L ASSE.\1BLY CERTAIN LOCAL LEGISLATIO. ' REL\TI\'E TO THE SAL\RIES OF ELECTED OFFICIALS
v\'HEREAS, Elected Officials of Rockdale County, Georgia, wish to make minor changes to said Acts so as to clarify compensation.
v\'HEREAS, the Board of Commissioners of Rockdale County, Georgia, wish as to formally request that the Local Delegation for Rockdale County present said proposed amendments to the Georgia General Assembly:
NOW, THEREFORE, BE IT RESOLVED, bv the Board of Commissioners of Rockdale County, Georgia, and it is hereb~ resohed by authority of said as follows:
That the Rockdale County Local Delegation to the 1999 Session of the General Assembly of the State of Georgia is hereby respectfully requested to propose andintroduce the following amendments to the Acts creating the Board of Commissioners for Rockdale County, State Court Judge for Rockdale County, and the Magistrate Court for Rockdale County and setting the salaries of other elected officials and supplements for Superior Court judges:

GEORGI.-\. L\WS 1999 SESSIO;\;

4759

.-\mendment I
An Act (1992 SB258) to proYide for a supplement to the compensation, salary, expenses, and allowances of the judge of the Superior Court of the Rockdale Judicial Circuit; Section 1. (a) in addition to the compensation, salary, expenses, and allowances presently being receiYed by the judges of the Superior Court of the Rockdale Judicial Circuit from the State of Georgia or any other source, the judges of the superior court of said circuit shall receiYe a supplement to such compensation from the funds of Rockdale County in the amount equal to 17% of the compensation as set by the State of Georgia. The supplement shall be paid in equal monthly installments from the funds of Rockdale CountY.
Amendment II
Section 1. .-\.n .\ct creating the State Court of Rockdale County approYed April 2, 1987 (Ga. 1987, p. 5452), as amended, is amended by striking subsection C of Section II in its entirety and substituting in lieu thereof a new subsection C to read as follows: "The judge shall deYote full time to the duties of his office and he shall be paid an annual salary equal to 92.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of superior court judge shall mean that salar~ paid from state funds and shall include any county supplement.
Amendment III
Section 1. An Act creating a '.\lagistrate s Court of Rockdale County, apprmed '.\1arch 13, 1978 (Ga. L. 1978, p. 3907), as amended, is amended by striking Section 12 of said Act and inserting in lieu thereof a new Section 12 to read as follows: "Section 12. The chief magistrate of the '.\fagistrate's Court of Rockdale County shall receiYe an annual salary equal to 43.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-1 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement..,
Amendment I\'
Section 1. An Act creating a board of commissioners for Rockdale County, approYed '.\1arch 4, 1977 (Ga. L. 1977, p. 2817), as amended, is amended by striking subsection (a) of Section 7 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: .. (a) Commissioners other than the chairman shall recei,e an annual salary for senices as same equal to 16.5 percent of the base salary of a superior court judge as set forth is Code Section 45-7-4 of the O.C.G.A, as now or hereafter amended. The Chairman shall receiYe an annual salary for sen-ices as same equal to 71.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A, as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid form state funds

4i60 LOCAL .-\.,. D SPECIAL ACTS .-.\XD RESOLCTIO::\'S, \'OL. II
and shall include any county supplement. The salary of the chairman and commissioners shall be paid in equal monthly installments paid from the funds of Rockdale CountY. The Board of Commissioners shall also be authorized to participate it~ the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/she meets the normal eligibility requirements of the programs...
Amendment \'
Section 1. .-\.n .-\ct placing the sheriff of Rockdale County on an annual salary, approYed February 18, 1966 (Ga. L. 1966, p. 2039), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section to read as follows: "Section 2. The sheriff shall receiYe an annual salary equal to 62.5 percent of the base salary of a superior court judge as set forth in Code Section 45-i-4 of the O.C.G..-\., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The sheriff shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employes of Rockdale County if he/she meets the normal eligibilitY requirements of the programs."
Amendment \ 1
Section 1. An .-\ct fixing the compensation of the clerk of the Superior Court of Rockdale County, apprO\ed ~larch 4, 1969 (Ga. L. 1969, p. 21 i6), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The clerk of the Superior Court of Rockdale County shall recehe an annual salary equal to 56 percent of base salary of a superior court judge set forth in Code Section 45-i-4 of the O.C.G.A, as set forth or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The clerk shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/she meets the normal eligibility requirements of the programs."
Amendment \11
Section 1. .-\n ..\ct creating the office of tax commissioner of Rockdale County, apprO\ed February 26, 1943 (Ga. L. 1943, p. 1106,as amended, is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section to read as follows: "Section 4. The Tax Commissioner of Rockdale County shall receiYe an annual salary equal to 56 percent of the base salary of a superior court judge as set forth in Code Section 45-i-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior

GEORGL-\ L-\WS 1999 SESSION

4761

court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale Count\'. The tax commissioner shall be authorized to appoint a chief deputy ana'four full time deputies to assist him in the discharge of his official duties. The tax commissioner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
Amendment VIII
Section 1. An Act prmiding an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173), as amended is amended by suiking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The Judge of the probate court shall receiYe an annual salary equal to 51.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The judge of the probate court shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/she meets the normal eligibility requirements of the programs."
Amendment IX
Section 1. An Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, approYed April 4, 1967, (Ga. L. 1967 p. 2505), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The coroner shall receive an annual salary equal to 10.5 percent of the base salary of the superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior courtjudge shall mean that salary paid from state funds and shall include any county supplement. The coroner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs."
SO RESOLVED, this 23 day of February, 1999
SO RESOLVED, this 23 day of February, 1999
ROCKDALE COUNTY, GEORGIA BOARD OF COMMISSIONERS

4762 LOCAL A..~D SPECIAL ACTS A..~D RESOLLTIONS, VOL. II

s/ Norman Wheeler Norman \\'heeler, Chairman

s/ Bud Sosebee Bud Sosebee, Commissioner Post I

s/ Barbara N. McCarthy Barbara Nunn McCarthy, Post II

ROCKDALE COL"!\TY ELECTED OFFICIALS

s/ S. ~ation Superior Court Judge Sidne\' Nation

s/ Jeff Wigington Sheriff Jeff Wigington

s/ Da,id B. Irwin Superior Court Judge David Irwin

s/ Dan Ray Tax Commissioner Dan Ra\'

s/ William Todd State CourtJudge William Todd
s/ Lillis J. Brown
Probate CourtJudge Lillis Brown

s/ Rudy Horne Magistrate Court Judge Rud, Horne
s/ Ste,en Boyle Coroner SteYe BoYle

s/ Joanne P. Caldwell Superior Court Clerk Joanne Caldwell

Attest:

s/ Jean F. Hambrick Ex-Officio Clerk Jean F. Hambrick

Approved as to form:

s/ John Nix County Attorney John Nix

LEGAL NOTICE OF INTENTION TO INTRODUCE
LOCAL LEGISIATION

Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act creating a board

GEORGIA L\WS 1999 SESSION

4i63

of commissioners for Rockdale County, apprmed March 4, 19ii (Ga. L. l 9ii, p. 281 i), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4518); and for other purposes.
State Senator 45th District
Bob Cuhl
GEORGI.-\, FCLTO!\' COL'~lY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, AC. Bob Guhl, who on oath deposes and says that he is the Senator from the 45th District and further deposes and says as follows:
{1) That the attached '.\;otice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County on the following date: March 4, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated gmernment whose charter or enabling Act is amended, as required by subsection {b) of Code Section 28-1-14.
_ The notice requirement of subsection {b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
JL. The notice requirement of subsection {b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated government or the bill affects a local school system.
_ The notice requirement of subsection {b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was prmided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ .-\.C. "BOB" GCHL Senator, 45th District
Sworn to and subscribed before me, this 10th day of ~larch, 1999.

4764 LOCAL ..\."JD SPECIAL ACTS x-..;D RESOLCTIONS, \'OL. II
s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL)
Apprmed April 16, 1999.
ROCKDALE COC:\'TI' - STATE COCRT; JCDGE; COMPE!'\SATIO!'\.
No. 258 (Senate Bill .!'-o. 285).
A.""- ACT
To amend an Act creating the State Court of Rockdale County, approYed April 2, 1987 (Ga. L. 1987, p. 5452), as amended, particularly by an .-\.ct approYed March 28, 1990 (Ga. L. 1990, p. 4723), so as to change the prmisions relating to the salary of the judge of said court; to proYide an effecthe date; to repeal conflicting laws; and for other purposes.
BE IT EKACTED BY THE GE!\'ERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating the State Court of Rockdale County, approYed April 2, 1987 (Ga. L. 1987, p. 5452), as amended, particularly by an Act approYed March 28, 1990 (Ga. L. 1990, p. 4723), is amended by striking subsection (c) of Section 11 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) The judge shall dernte full time to the duties of his or her office and he or she shall be paid a salary equal to 92.5 percent of the county salary supplement now or hereafter paid to the judge of the Superior Court of Rockdale County plus the annual salary currently recehed by the state court judge as of July 1, 1999, which shall constitute such judge's base salary and as such base salary may be increased hereafter. 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 2.
This .-\.ct shall become effectiYe on July 1, 1999.
SECTION 3.
All laws and parts of laws in conflict with this .-\.ct are repealed.
A RESOLCTIO:\' REQL1ESTING THAT THE LOCAL DELEGATION FOR ROCKDALE COC:\'TY, GEORGIA, PRESE:\'T TO THE GEKERAL ASSEMBLY CERTA.I:'.': LOCAL LEGISLATIO'.\i REL\Tl\'E TO THE SALARIES OF ELECTED OFFICIALS

GEORGI.-\ L-\WS 1999 SESSIO::\'

-1i65

WHEREAS, Elected Officials of Rockdale County, Georgia, wish to make minor changes to said Acts so as to clarify compensation.
WHEREAS, the Board of Commissioners of Rockdale County, Georgia, wish as to formally request that the Local Delegation for Rockdale County present said proposed amendments to the Georgia General Assembly;
::\'O\\', THEREFORE, BE IT RESOL\'ED, by the Board of Commissioners of Rockdale County, Georgia, and it is hereby resoh-ed by authority of said as follows:
That the Rockdale County Local Delegation to the 1999 Session of the General Assembly of the State of Georgia is hereby respectfully requested to propose and introduce the following amendments to the Acts creating the Board of Commissioners for Rockdale County, State Court Judge for Rockdale County, and the '.\fagistrate Court for Rockdale County and setting the salaries of other elected officials and supplements for Superior Court judges:
Amendment I
..\n .-\ct (1992 SB258) to proYide for a supplement to the compensation, salary, expenses, and allowances of the judge of the Superior Court of the Rockdale Judicial Circuit; Section 1. (a) in addition to the compensation, salary, expenses, and allowances presently being recei,ed by the judges of the Superior Court of the Rockdale Judicial Circuit from the State of Georgia or any other source, the judges of the superior court of said circuit shall receiYe a supplement to such compensation from the funds of Rockdale County in the amount equal to Ii% of the compensation as set by the State of Georgia. The supplement shall be paid in equal monthly installments from the funds of Rockdale CountY.
Amendment II
Section 1. .-\.n .-\ct creating the State Court of Rockdale County approYed April 2, 198i (Ga. 198i, p. 5452), as amended, is amended by striking subsection C of Section II in its entirety and substituting in lieu thereof a new subsection C to read as follows: "The judge shall deYote full time to the duties of his office and he shall be paid an annual salary equal to 92.5 percent of the base salary of a superior court judge as set forth in Code Section -15-i--1 of the O.C.G..-\.., as now or hereafter amended. The base salary of superior court judge shall mean that salary paid from state funds and shall include any county supplement...
Amendment III
Section 1...\n ..\ct creating a .\fagistrates Court of Rockdale County, approYed .\larch 13, 19i8 (Ga. L. 19i8, p. 390i), as amended, is amended by striking Section 12 of said .-\ct and inserting in lieu thereof a new Section 12 to read as follows: "Section 12. The chief magistrate of the .\fagistrate's Court of Rockdale County shall recei,e an annual salary equal to -13.5

4i66 LOCAL A.1\'D SPECIAL ACTS ,--\.:'\iD RESOLCTIO:\'S, \'OL. II
percent of the base salary of a superior court judge as set forth in Code Section 45-i-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement.
Amendment I\'
Section I. An Act creating a board of commissioners for Rockdale County, approYed Ylarch 4, 19ii (Ga. L. 19ii, p. 281i), as amended, is amended bY striking subsection (a) of Section i in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: .. (a) Commissioners other than the chairman shall receiYe an annual salary for senices as same equal to 16.5 percent of the base salary of a superior court judge as set forth is Code Section 45-i-4 of the O.C.G.A., as no" or hereafter amended. The chairman shall receiYe an annual salary for sen-ices as same equal to 16.5 percent of the base salary of a superior court judge as set forth in Code Section 45-i-4 of the O.C.G.A. , as now or hereafter amended. The chairman shall receiYe an annual salan for senices as same equal to il .5 percent of the base salary of a superior court judge as set forth in Code Section 45-i-4 of the O.C.G.A., as now or hereafter amended, The base base salary of a superior court judge shall mean that salary paid form state funds and shall include any county supplement:. The salary of the chairman and commissioners shall be paid in equal monthly installments paid from the funds of Rockdale CountY. The Board of Commissioners shall also be authorized to participate in t:l1e Group Retirement: Program and the Group Hospitalization Benefit Program on the same basis as other officers and emploYees of Rockdale Count\' if he/ she meets the normal eligibility requirements of the programs.
A.mendment: \'
Section I. An ..\ct placing the sheriff of Rockdale County on an annual salan-, apprO\ed February 18, 1966 (Ga. L. 1966, p. 2039), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section to read as follO\rs: "Section 2. The sheriff shall 1ecei,e an annual salary equal to 62.5 percent: of the base salary of a superior court judge as set forth in Code Section 45-i-4 of the O.C.G.A, as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds shall include anY county supplement:. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The sheriff shall also be authorized to participate in the Group Retirement: Program and the Group Hospitalization Benefit Program on the same basis as other officers and employes of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
Amendment \1
Section I. An ..\ct fixing the compensation of the clerk of the Superior Court of Rockdale Count\', approYed \.larch 4, 1969 (Ga. L. 1969, p. 2li6), as amended, is amended b" striking Section 2 in its entirety and inserting

GEORGI.-\ L\WS 1999 SESSIO:\'

4767

in lieu thereof a new Section 2 ro read as follows: "Section 2. The clerk of the Superior Court of Rockdale County shall receiYe an annual salary equal to 56 percent of base salary of a superior court judge set forth in Code Section 45-7-4 of the O.C.G..-\., as set forth or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The clerk shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
.-\.mendment \11
Section 1. .-\n .-\ct creating the office of tax commissioner of Rockdale County, apprond February 26, 1943 (Ga. L. 1943, p. 1106,as amended, is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section to read as follows: "Section 4. The Tax Commissioner of Rockdale County shall receiYed an annual salary equal to 56 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G..-\., as now or hereafter amended . The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale CountY. The tax commissioner shall be authorized to appoint a chief depu~- and four full time deputies to assist him in the discharge of his official duties. The tax commissioner shall also be authorized to participate inthe Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale Coun~ if he/ she meets the normal eligibili~ requirements of the programs."
.-\mendment \111
Section 1..-\n .-\ct proYiding an annual salary for the judge of the Probate Court of Rockdale Coun~ in lieu of the fee system of compensation, approYed \larch -1, 1969 (Ga. L. 1969, p. 2173), as amended is amended by striking Section 2 in its entire~ and inserting in lieu thereof a ne" Section 2 read as follows: section 2. the judge of the probate court shall receiYe an annual salary equal to 51.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A, as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salan- shall be payable in equal monthly installments from the funds of Rockdale Coun~- The judge of the probate court shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale Coun~ if he/ she meets the normal eligibility requirements of the programs."

4i68 LOCAL .-\.\iD SPECIAL ACTS .-\.\iD RESOLLTIO~S. \'OL. II

Amendment IX

Section 1. .-\n .-\ct proYiding an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, approYed April 4, 196i (Ga. L. p. 2505), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The coroner shall recehe an annual salary equal to 10.5 percent of the base salary of the superior court judge as set forth in Code Section 45-i-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The coroner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs."

SO RESOLVED, this 23 day of February, 1999

SO RESOL\'ED, this 23 day of February, 1999

ROCKDALE COL'~TY, GEORGIA BOARD OF COMMISSIO 'ERS

s/ ~orman '\i\11eeler _:\;orman '\,\beeler, Chairman

s/ Bud Sosebee Bud Sosebee, Commissioner Post I

s/ Barbara ~. McCarthy Barbara ~mm McCarthy, Commissioner Post II

ROCKDALE COL'~TY ELECTED OFFICIALS

s/ S. ~ation Superior Court Judge Sidney ~ation

s/ Jeff Wigington Sheriff Jeff Wigington

s/ DaYid B. Irwin Superior Court Judge DaYid Irwin

s/ Dan Ray Tax Commissioner Dan RaY

s/ William Todd State CourtJudge William Todd
s/ Lillis J. Brmrn
Probate Court Judge Lillis Brown

s/ Rudy Horne :Vlagistrate Court Judge Rudy Horne
s/ SteYen Boyle Coroner Ste,e Boyle

GEORGIA L-\WS 1999 SESSION

4769

s/ Joanne P. Caldwell Superior Court Clerk Joanne Caldwell
Attest:
s/ Jean F. Hambrick Ex-Officio Clerk Jean F. Hambrick
.-\pproYed as to form:
s/ John Nix
CountY. Attorney.
John ~ix
LEGAL :'JOTICE OF I~TEl\TIO:!\'. TO INTRODUCE
LOCAL LEGISLATION
Notice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Rockdale County, approYed April 2, 1987 (Ga. L. 1987, p. 5452), as amended, particularly by an Act approYed March 28, 1990 (Ga. L. 1990, p. 4723); and for other purposes.
State Senator 45th District
Bob Guhl
GEORGIA, FULTO~ COCNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A.C. Bob Guhl, who on oath deposes and says that he is the Senator from the 45th District and further deposes and says as follows:
(1) That the attached :\lotice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County on the following date: March 4, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, municipality, or consolidated goYernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county,

4770 LOCAL AND SPECIAL ACTS A,.,m RESOLCTIONS, VOL. II
municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
)_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated gmernment or the bill affects a local school system.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was prmided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ A.C. "BOB" GCHL Senator, 45th District
Sworn to and subscribed before me, this 10th day of March, 1999.
s/ TERESA ADKINS :'.'iotary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL)
ApproYed April 16, 1999.
ROCKDALE COCNTY - PROBATE COL'RT; JCDGE; COMPE~SATION.
No. 259 (Senate Bill :'.'io. 286).
A.'-1 ACT
To amend an Act prmiding an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, apprmed March 4, 1969 (Ga. L. 1969, p. 2173), as amended, particularly by an Act apprmed March 20, 1990 (Ga. L. 1990, p. 4 l 77), so as to change the proYisions relating to the compensation of the judge of the probate court; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.
BE IT E:'.'/ACTED BY THE GE:'.'/ERAL ASSEYIBLY OF GEORGIA:
SECTION 1.
An Act prmiding an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, apprmed \1arch 4, 1969 (Ga. L. 1969, p. 2173), as amended, particularly by an Act apprmed March 20, 1990, (Ga. L. 1990, p. 4177), is amended by striking

GEORGI.-\ L\\\'S 1999 SESSIO:\'

-1771

Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"SECTIO:\' 2.
The judge of the probate court shall receiYe an annual salary equal to 55 percent of the base salary of a superior court judge as set forth in Code Section 45-7--1 of the O.C.G..-\., as now or hereafter amended. The base salary of a superior court ju<lge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The salary proYided in this section maY be increased at a11\' time bY resolution of the Rockdale Count\' Board of Commissioner~. The judge of the probate court shall also b~ authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he or she meets the normal eligibility requirements of the programs."
SECTION 2.
This .-\ct shall become effectiYe on July 1, 1999.
SECTION 3.
.-\II la\\s and parts of laws in conflict with this .-\ct are repealed.
A RESOLCTIO:\' REQCE:STI::--;G THAT THE LOCAL DELEGATIOl\' FOR
ROCKDALE coc::--;n', GEORGIA, PRESE:\'T TO THE GE:\'ER-\L .--\S-
SE\-IBLY CERT.--\I::--; LOC.-\L LEGISL--\TIO:'.\i REL--\Tl\'E TO THE SAL--\RIES OF ELECTED OFFICL-\LS
WHEREAS, Elected Officials of Rockdale County, Georgia, wish to make minor changes to said .--\cts so as to clarify compensation.
WHEREAS, the Board of Commissioners of Rockdale County, Georgia, wish as to formally request that the Local Delegation for Rockdale County present said proposed amendments to the Georgia General Assembly;
:\'OW, THEREFORE, BE IT RESOL\'ED. b, the Board of Commissioners of Rockdale County, Georgia, and it is hereb~ resohed by authority of said as follows:
That the Rockdale County Local Delegation to the 1999 Session of the General Assembly of the State of Georgia is hereby respectfully requested to propose andintroduce the following amendments to the Acts creating the Board of Commissioners for Rockdale County, State Court Judge for Rockdale County, and the \-lagistrate Court for Rockdale County and setting the salaries of other elected officials and supplements for Superior Court judges:

4772 LOC.--\L .-\.'\'D SPECL--\L ACTS .-\.'\'D RESOLL'TIO~S. \'OL. II
Amendment I
.-\.n .-\ct (1992 SB258) to proYide for a supplement to the compensation, salary, expenses, and allowances of the judge of the Superior Court of the Rockdale Judicial Circuit; Section l. (a) in addition to the compensation, salary, expenses, and allmrnnces presently being recei\ed by the judges of the Superior Court of the Rockdale Judicial Circuit from the State of Georgia or any other source, the judges of the superior court of said circuit shall receiYe a supplement to such compensation from the funds of Rockdale Count\" in the amount equal to 17% of the compensation as set by the State of Georgia. The supplement shall be paid in equal monthly installments from the funds of Rockdale CountY.
Amendment II
Section 1. .--\n .-\ct creating the State Court of Rockdale County approYed April 2, 1987 (Ga. 1987, p. 5452), as amended, is amended by striking subsection of Section II in its entirety and substituting in lieu thereof a new subsection C to read as follows: The judge shall dernte full time to the duties of his office and he shall be paid an annual salary equal to 92.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G..-\.. as now or hereafter amended. The base salary of superior court judge shall mean that salary paid from state funds and shall include am county supplement.
Amendment III
Section l. .-\n .-\ct creating a \fagistrates Court of Rockdale County. apprmed \farch 13, 1978 (Ga. L. 1978. p. 3907), as amended, is amended by striking Section 12 of said .-\ct and inserting in lieu thereof a new Section 12 to read as follm\"s; section 12. The chief magistrate of the \fagistrates Court of Rockdale County shall recehe an annual salary equal to 43.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G..-\., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement.
Amendment I\'
Section 1. .-\n .-\ct creating a board of commissioners for Rockdale County, apprmed \larch 4, 1977 (Ga. L. 1977. p. 2817). as amended.is amended by striking subsection (a) of Section 7 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: .. (a) Commissioners other than the chairman shall receiYe an annual salan- for senices as same equal to 16.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G..-\., as no\, or hereafter amended. The Chairman shall receiYe an annual salary for sen-ices as same equal to 71.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G...\.. as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid form state funds

GEORGI.-\ L\WS 1999 SESSIO::'\

4773

and shall include any county supplement. The salary of the chairman and commissioners shall be paid in equal monthly installments paid from the funds of Rockdale County. The Board of Commissioners shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
Amendment \ '
Section 1. ...\.n .-\ct placing the sheriff of Rockdale County on an annual salary, approyed February 18, 1966 (Ga. L. 1966, p. 2039), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section to read as follows: "Section 2. The sheriff shall recei,e an annual salary equal to 62.5 percent of the base salary of a superior court judge as set forth in Code Section -15-7-1 of the O .C.G....\. , as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The sheriff shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs.
...\mendment \ 1
Section 1. .-\.n .-\ct fixing the compensation of the clerk of the Superior Court of Rockdale County, approYed Ylarch 4, 1969 (Ga. L. 1969, p. 2176), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Set:tion 2. The clerk of the Superior Court of Rockdale County shall receiYe an annual salary equal to 56 percent of base salary of a superior court judge set forth in Code Section 45-7-4 of the O.C.G....\., as set forth or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The clerk shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
Amendment \ 11
Section 1. ...\n Act creating the office of tax commissioner of Rockdale County, apprmed February 26, 1943 (Ga. L. 1943, p. 1106,as amended, is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section to read as follows: "Section 4. The Tax Commissioner of Rockdale County shall recei,ed annual salary equal to 56 percent of the base salary of a superior court judge as set forth in Code Section 45-7-1 of

4774 LOCAL .-\.."D SPECIAL ACTS .-\.."D RESOLCTIO.\:S, \'OL. II
the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale CountY. The tax commissioner shall be authorized to appoint a chief deputy and four full time deputies to assist him in the discharge of his official duties. The tax commissioner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs.
Amendment \111
Section 1. An Act proYiding an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approYed \!larch 4, 1969 (Ga. L. 1969, p. 2173). as amended is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 read as follows: "Section 2. The Judge of the probate court shall receiYe an annual salary equal to 51.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as nm\' or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The judge of the probate court shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs...
Amendment IX
Section 1. An Act proYiding an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, apprmed April 4, 1967 (Ga. L. 1967, p. 2505), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a 11e,, Section 2 to read as follm\'s: "Section 2. The coroner shall receiYe an annual salary equal to 10.5 percent of the base salan of the superior court judge as set forth in Code Section 45-7-4 of the O.C.G....\.. as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The coroner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requiremen ts of the programs...
SO RESOL\'ED. this 23 day of February, 1999
SO RESOL\'ED, this 23 day of February. 1999
ROCKDALE COC.\:TY, GEORGI...\ BOARD OF CO:Vl\1ISSIO.\:ERS

GEORGI.-\ L\WS 1999 SESSIO:'\

4ii5

s/ ::\orman \i\11eeler '.\'orman \i\11eeler, Chairman

s/ Bud Sosebee Bud Sosebee, Commissioner Post I

s/ Barbara :\'.. McCarthy Barbara :\mm McCartln Post II

ROCKDALE COCl'\TY ELECTED OFFICIALS

s/ S. ::\ation Superior Court Judge Sidney ::\ation

s/ Jeff Wigington Sheriff Jeff Wigington

s/ DaYid B. Irwin Superior Court Judge DaYid Irwin

s/ Dan Ray Tax Commissioner Dan Ra\"

s/ William Todd State Court Judge William Todd
s/ Lillis J. Brown
Probate Court Judge Lillis Brown

s/ Rudy Horne Magistrate Court Judge Rud, Horne
s/ Ste,en Boyle Coroner SteYe Bmle

s/ Joanne P. Caldwell Superior Court Clerk Joanne Caldwell

Attest:

s/ Jean F. Hambrick

Ex-Officio Clerk Jean F. Hambrick

.-\pproYed as to form:

s/ John :--.:ix
Count\". Attorney.
John :\ix

LEGAL ::--JOTICE OF Il'\TE::\TIO::\ TO I:'\TRODCCE
LOCAL LEGISLATIO:'\

:'.'Jotice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .\ct proYiding an

-1776 LOCAL ..\.'\'D SPECIAL ACTS ..\.'\'D RESOLCTIO'.'\S, \'OL. II
annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation. approYed '.\larch -1. 1969 (Ga. L. 1969, p. 2173), as amended, particularly by an .-\ct apprmed '.\larch 20, 1990 (Ga. L. 1990, p. -1177); and for other purposes.
State Senator -15th District
Bob Cuhl
GEORGI..\, FCLTO'.'\ COC'.'\TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A.C. Bob Guhl, who on oath deposes and says that he is the Senator from the -1:>th District and further deposes and says as follows:
( 1) That the attached '.'\otice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County on the following date: '.\larch -1, 1999.
(2) That the laws requiring notice of local legislation \\ere further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile. or otherwise pro,ided to the gmerning authority of any county, nrnnicipality, or consolidated goYernment whose charter or enabling .-\ct is amended, as required by subsection (b) of Code Section 28-1-1-1.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated g<wernment and a copy of such resolution or other written notification is attached hereto.
L The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated goYernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-1.1.
s/ ...\.C. "BOB" GCHL Senator, -1:>th District
Sworn to and subscribed before me, this 10th day of :\,larch, 1999.

GEORGI.-\ L\WS 1999 SESSIO:\'
s/ TERES.--\ .-\DKI:':S :'\otary Public, Clayton County, Georgia ~ly Commission Expires Jan. 5, 2001 (SE.--\L)
.--\pproYed .--\pril 16, 1999.

4777

ROCKDALE JCDICL-\L CIRCUT - JCDGES; S.-\L\RY SCPPLE;vlE:\'T.
:\'o. 260 (Senate Bill :\'o. 287) .
.--\...'-: .-\CT
To amend an .\ct proYiding for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Rockdale Judicial Circuit, apprond ;vlarch 30, 1993 (Ga. L. 1993, p. 4459), so as to change the amount of such supplement; to proYide an effectiYe date; to repeal conflicting la,\s; and for other purposes.
BE IT E:\'.-\CTED BY THE GE!'\ER-\L .--\SSE\IBLY OF GEORGIA:
SECTION 1.
.--\n .-\ct proYiding for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Rockdale Judicial Circuit, apprond Ylarch 30, 1993 (Ga. L. 1993, p. 4459), 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) In addition to the compensation, salary, expenses, and allmrnnces presently being receiYed by the judges of the Superior Court of the Rockdale Judicial Circuit from the State of Georgia or any other source, the judges of the superior court of said circuit shall receiYe an annual supplement to such compensation from the funds of Rockdale County in an amount equal to 15 percent of such compensation for each such judge. The supplement shall be paid in equal monthly installments from the funds of Rockdale County_"'
SECTION 2.
This .-\ct shall become effectiYe on Juh 1, 1999.
SECTION 3.
.-\II la,\s and parts of la,\s in conflict ,\ith this .-\ct are repealed.
.-\ RESOLCTIO:\' REQCESTI:\'G TH.--\T THE LOC.-\L DELEG.--\TIO:\' FOR ROCKD.-\LE COC:\'TI'. GEORGIA. PRESE:\'T TO THE GE:\'ER-\L .\SSE~IBLY CERT.-\1:\' LOC.-\L LEGISL\TIO:\' REL\TI\'E TO THE S.-\L\RIES OF ELECTED OFFICL-\LS

-1ii8 LOCAL .-\.'-:D SPECIAL ...\CTS .-\.'-:D RESOLCTIO'.'\S, \'OL. II
WHEREAS, Elected Officials of Rockdale Count\', Georgia, wish to make minor changes to said ...\cts so as to clarify compensation.
WHEREAS, the Board of Commissioners of Rockdale County, Georgia, wish as to formalh' request that the Local Delegation for Rockdale County present said proposed amendments to the Georgia General ...\ssembly;
'.'\O\\', THEREFORE, BE IT RESOL\'ED, b, the Board of Commissioners of Rockdale County, Georgia, and it is hereb~- resolYed by authority of said as follows:
That the Rockdale County Local Delegation to the 1999 Session of the General ...\ssembh of the State of Georgia is hereby respectfully requested to propose and introduce the following amendments to the ...\cts creating the Board of Commissioners for Rockdale Count\, State Court Judge for Rockdale Count,, and the \lagistrate Court for Rockdale County and setting the salaries of other elected officials and supplements for Superior Court judges:
Amendment I
...\n ...\ct ( 1992 SB258) to proYide for a supplement to the compensation. salary, expenses, and allowances of the judge of the Superior Court of the Rockdale Judicial Circuit: Section l. (a) in addition to the compensation, salary, expenses, and allmrances presently being recei,ed bY the judges of the Superior Court of the Rockdale Judicial Circuit from the State of Georgia or an\' other source, the judges of the superior court of said circuit shall receiYe a supplement to such compensation from the funds of
Rockdale County in the amount equal to l i'lc. of the compensation as set
by the State of Georgia. The supplement shall be paid in equal monthly installments from the funds of Rockdale Count\'.
Amendment II
Section l . ...\n ...\ct creating the State Court of Rockdale County apprmed ...\pril 2, 1987 (Ga. l 98i, p. 5-152). as amended, is amended by striking subsection C of Section II in its entirety and substituting in lieu thereof a ne\\ subsection C to read as follows: "The judge shall de,ote full time to the duties of his office and he shall be paid an annual salary equal to 92.5 percent of the base salary of a superior court judge as set forth in Code Section -15-i--1 of the O.C.G....\., as now or hereafter amended. The base salary of superior court judge shall mean that salary paid from state funds and shall include any count\ supplement. ..
...\.mendment III
Section I. ...\n ...\ct creating a \lagistrate 's Court of Rockdale County, apprmed \larch 13, l 9i8 (Ga. L. l 9i8. p. 390i). as amended, is amended by striking Section 12 of said ...\ct and inserting in lieu thereof a new Section 12 to read as tollmrs: "Section 12. The chief magistrate of the \lagistrates Court of Rockdale County shall recei,e an annual salary equal to -13.5

GEORGL\ L--\WS 1999 SESSIO:\'

4779

percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G..--\., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement.
.--\mendment I\'
Section 1. .-\n .--\ct creating a board of commissioners for Rockdale Count,, apprmed '.\larch 4. 1977 (Ga. L. 1977. p. 2817). as amend, is amended by striking subsection (a) of Section 7 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: .. {a) Commissioners other than the chairman shall receiYe an annual salary for senices as same equal to 16.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O .C.G..--\., as now or hereafter amended. The Chairman shall receiYe an annual salary for sen-ices as same equal to 71.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G..--\., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid form state funds and shall include any county supplement. The salary of the chairman and commissioners shall be paid in equal monthly installments paid from the funds of Rockdale Count\'. The Board of Commissioners shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs.
.--\mendment \'
Section 1. .--\n .--\ct placing the sheriff of Rockdale Count\' on an annual salary, approYed February 18, 1966 (Ga. L. 1966. p. 2039). as amended. is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section to read as follows: "Section 2. The sheriff shall receiYe an annual salary equal to 62.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G..--\. , as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The sheriff shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/she meets the normal eligibility requirements of the programs.
.--\mendment \ 1
Section 1. .--\.n .--\ct fixing the compensation of the clerk of the Superior Court of Rockdale County, approYed '.\farch 4, 1969 (Ga. L. 1969, p. 2176), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The clerk of the Superior Court of Rockdale County shall receiYe an annual salary equal

4780 LOCAL .-\.~. D SPECIAL ACTS .-\...'\D RESOLL'TIOr-.:S, \'OL. II
to 56 percent of base salary of a superior court judge set forth in Code Section --15-7-4 of the O.C.G..-\., as set forth or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The clerk shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs..,
Amendment \'II
Section 1. An Act creating the office of tax commissioner of Rockdale County, approYed February 26, 1943 (Ga. L. 1943, p. 1106,as amended, is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section to read as follows: "Section 4. The Tax Commissioner of Rockdale County shall receiYe an annual salary equal to 56 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale Count\". The tax commissioner shall be authorized to appoint a chief deputy and .four full time deputies to assist him in the discharge of his official duties. The tax commissioner shall also be authorized to p.articipate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
.-\.mendment \'III
Section 1. An .-\ct proYiding an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee sYstem of compensation, approYed March 4, 1969 (Ga. L. 1969, p. 2173), as amended is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 read as follows: "Section 2. The judge of the probate court shall receiYe an annual salary equal to 51.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7---l of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The judge of the probate court shall also be authorized to partidpate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he/ she meets the normal eligibility requirements of the programs."
Amendment IX
Section 1. An Act proYiding an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, approYed April 4, 1967

GEORGI.-\ L-\WS 1999 SESSIO~

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(Ga. L. 1967 p. 2505). as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: ..Section 2. The coroner shall receive an annual salary equal to 10.5 percent of the base salary of the superior court judge as set forth in Code Section -15-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall include any county supplement. The coroner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs.

SO RESOL\'ED, this 23 day of February, 1999

SO RESOL\'ED. this 23 day of February, 1999
ROCKDALE coc~n. GEORGI.-\
BOARD OF CO'.\lMISSIO~ERS

s/ ~orman \\11eeler ~orman \\11eeler. Chairman

s/ Bud Sosebee Bud Sosebee, Commissioner Post I

s/ Barbara ~ . '.\kCarthy Barbara ~mm McCarthy, Commissioner Post II

ROCKDALE COC!\'TI' ELECTED OFFICI.-\LS

s/ S. ~ation Superior Court Judge Sidnev !'\ation

s/ Jeff Wigington Sheriff Jeff Wigington

s/ David B. Irwin Superior Court Judge David Irwin

s/ Dan Ray Tax Commissioner Dan Rav

s/ William Todd State Court Judge William Todd

s/ Rudv Horne '.\-lagistt:ate Court Judge Rudv Horne

s/ Lillis J. Brown Probate Court Judge Lillis Brown

s/ Ste,en Boyle Coroner Steve Boyle

s/ Joanne P. Caldwell Superior Court Clerk Joanne Caldwell

4i82 LOCAL A.'iD SPECIAL ACTS A.'iD RESOLCTIONS, \'OL. II
Attest:
s/ Jean F. Hambrick Ex-Officio Clerk Jean F. Hambrick
Apprmed as to form:
s/ John Nix County. Attorney. John Nix
LEGAL :-.;oTICE OF 1:-.;TE'.\iTION TO INTRODCCE
LOCAL LEGISL\.TION
Notice is gi\en that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act proYiding for a supplement to the compensation of the judges of the Superior Court of the Rockdale Judicial Circuit, apprmed March 30, 1993 (Ga. L. 1993, p. 4459); and for other purposes.
State Senator 45th District
Bob Cuhl
GEORGIA, FCLTON COCNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A.C. Bob Guhl, who on oath deposes and says that he is the Senator from the 45th Disuict and further deposes and says as follows:
(1) That the attached :,.;otice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County on the following date: March 4, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, municipality, or consolidated goYernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the go\'erning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
j_ The notice requirement of subsection (b) of Code Section 28-1-14
does not apply because the bill does not amend the charter of a

GEORGI.-\ L-\WS 1999 SESSIO!\

4783

municipality or the enabling .-\ct of a count\' or consolidated goYernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-l.l.
s/ AC. "BOB" GCHL Senator, 45th District
Sworn to and subscribed before me, this 10th day of '.\farch, 1999.
s/ TERESA .-\DKI~S ~otary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL)
ApproYed April 16, 1999.

TIIT COC:\'TY- BOARD OF CO~lYlISSIO~ERS; corvIPE'.\iSATION.
:\'o. 261 (Senate Bill :\'o. 288) .
...\.."\' ACT
To amend an Act creating a board of commissioners of Tift County, approYed August 9, 1917 (Ga. L. 1917, p. 396), as amended, so as to change the compensation of the chairperson, \'ice chairperson, and other members of the board of commissioners; to proYide an effecti\'e date; to repeal conflicting laws; and for other purposes.
BE IT E::-.JACTED BY THE GE:\'ER.-\L ASSEYIBLY OF GEORGL\:
SECTION 1.
An Act creating a board of commissioners of Tift County, approYed August 9, 1917 (Ga. L. 1917, p. 396) , as amended, is amended by striking in its entirety subsection (b) of Section 4 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The chairperson of the board of commissioners shall recei\'e an annual salary in an amount to be determined by a majority ,ote of the board of commissioners, excluding the chairperson. The amount of such annual salar\' shall not exceed $15,000.00 nor be lower than $12,000.00. In addition to such salary, the chairperson shall recei\'e an annual expense allowance in the amount of $3,600.00 payable on a monthly basis out of the funds of Tift County. The compensation limits estal>lished in this section shall be adjusted annually by a percentage equal to

4784 LOCAL .-\..'.:0 SPECIAL ACTS .-\..'\'D RESOLL'TIO!\'S, \'OL. II
the aYerage percentage change, whether increase or decrease, in compensation of all employees of Tift County for the applicable year."
SECTION 2.
Said Act is further amended by striking in its entirety subsection (b) of Section 9.-\ and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The Yice chairperson of the board of commissioners shall receiYe an annual salary in an amount to be determined by a majori~yote of the board of commissioners, excluding the Yice chairperson. The amount of such annual salary shall not exceed S6,750.00 nor be lower than S?i,400.00. In addition to such salary, the Yice chairperson shall receiw an annual contingent expense allowance in the amount of $1,800.00 payable on a monthly basis out of the funds of Tift County. The compensation limits established in this section shall be adjusted annually by a percentage equal to the aYerage percentage change, whether increase or decrease, in compensation of all employees of Tift Coun~ for the applicable year."
SECTION 3.
Said Act is further amended by striking Section I9 in its entirety and inserting in lieu thereof a ne\\ Section I9 to read as follmrs:
"SECTIO'.'\ 19.
Each member of the board of commissioners other than the chairperson and ,ice chairperson shall receiYe an annual salary in an amount to be determined by a majority ,ote of the board of commissioners. The amount of such annual salan shall not exceed SS,250.00 nor be lower than S4,200.00. In addition t~ such salarY, each member shall receiYe an annual contingent expense allowance in the amount of SI ,800.00 payable on a monthly basis out of the funds of Tift County. The compensation limits established in this section shall be adjusted annually by a percentage equal to the a,erage percentage change, whether increase or decrease, in compensation of all employees of Tift Coun~ for the applicable year."
SECTION 4.
This Act shall become effectiYe on July 1, 1999.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTEl\TION TOI!\'TRODUCELEGAL
LEGISLATIO!\'
Legislation will be introduced in the regular 1999 session of the General Assembly of Georgia to amend an .-\ct creating a Board of

GEORGI.-\ L-\WS 1999 SESSIO:\'

4785

Commissioners of Tift County, approYed August 9, 1917 (Ga. L. 1917, p. 306), as amended, and for other purposes.
Rainheart, \i\11itley, Wilmot & Summerlin, P.C. .-\ttorne\.'s for Tift Count\.'
GEORGI.-\, FCLTO~ COC:\'TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rooney L. Bowen, who on oath deposes and says that he is the Senator from the 13th District and further deposes and says as follows:
(1) That the attached :\'otice of Intention to Introduce Local Legislation was published in the Tifton Gazette which is the official organ of Tift County on the following date: :\larch 6, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
L .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the gmerning authority of any county, municipality, or consolidated gmernment whose charter or enabling Act 1s amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-1-! does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated goyernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was pro\'ided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14. l.
s/ ROO:\'EY L. BO\<\'E:\' Senator, 13th District
Sworn to and subscribed before me, this 16th day of March, 1999.

4i86 LOCAL .-\..'\D SPECIAL ACTS .-\..1\'D RESOLL'TIO!\:S, \'OL. II
s/ TERESA ADKI!\:S :\'otary Public, Clayton County, Georgia '.\ly Commission Expires Jan. 5, 2001 (SE..\L)
.-\pprmed April 16, 1999.
DEK..\LB COL'!\:TY - CO'.\-1'.\-ll':\'ITY l'.\IPRO\'E'.\<IE!\:T DISTRICTS; CRE.-\TIO:\' .-\LTHORIZED 1='-' COL'!\:TY .-\..'\;D '.\-IL':\'ICIP..\LITIES I:\'
COL'!\:TI'.
='-'o. 264 (House Bill ='-'o. 2i3) .
.-\..1\' .-\CT
To pro,ide for the creation of one or more community improYement districts in DeKalb County and in each municipality in such county; to proYide for a short title; to proYide for the purposes of such districts; to proYide for definitions; to pro,ide for boards to administer such districts; to proYide for the appointment and election of members of such boards; to proYide for taxes, fees, and assessments; to proYide for the boundaries of such districts; to prmide for the life of the districts and for procedures to extend the life of the districts; to prmide for a tax cap; to limit the period of contractual obligations and agreements of cooperation; to proYide for termination of the districts; to proYide for the alteration of district boundaries and related practices, procedures, and requirements related; to proYide for debt of such districts; to proYide for cooperation with local goYernments; to proYide for powers of such boards; to proYide for general obligation bonds, notes, and other obligations of such districts; to prmide for the form of bonds, proYisions for exchange and transfer, certificate of Yalidation, specification of interest rates in notice to district attorney or Attorney General, and in notice of ,alidation hearing, and definition of terms "cost of the project" or "cost of any project" as used in bond resolutions; to proYide for authorized contents of agreements and instruments of the boards generally, use of proceeds of sale of bonds, notes, and other obligations, and subsequent issues of bonds, notes, and other obligations; to prmide for construction; to prmide that Chapter 5 of Title 10 of the O.C.G..-\., the "Georgia Securities .-\ct of l 9i3," shall not apply to the offer, sale, or issuance of the boards' bonds, notes, or other obligations; to proYide that no notice, proceeding, publication, or referendum shall be required; to proYide for dissolution; to proYide for related procedures; to proYide that no commtmity improYement districts may be created pursuant to this .-\ct on or after a specified date; to proYide for seyerability; to proYide for an effecti,e date; to proYide for the effect on a specified .-\ct; to repeal conflicting laws; and for other purposes.

GEORGI.--\ L-\WS 1999 SESSIO'.\

4787

BE IT E'.\.--\CTED BY THE GE!\'ER.--\L ASSEMBLY OF GEORGI.--\:
SECTION 1.
Short title.
This .--\ct shall be referred to as the "DeKalb County Community lmprO\ement Districts .--\ct of 1999...
SECTION 2.
Purpose.
The purpose of this .--\ct shall be to prO\ide for the creation of one or more community imprmement districts within DeKalb County and each municipality therein, and such districts shall be created for the proYision of such of the following goyernmental senices and facilities as may be proYided for in the resolution actiYating each district created hereby or as may be adopted by resolutions of the majority of the electors and the majority of the equity electors present and Yoting at a meeting of electors and equity electors. .--\ quorum shall consist of those electors and equity electors present. :\'o proxy \'Otes may be cast. :\'otice of such meeting shall be given to such electors and equity electors by publishing notice thereof in the legal organ of DeKalb County at least once each week for four weeks prior to such meeting. Such sen-ices and facilities shall include:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and deYices 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) DeYelopment, storage, treatment, purification, and distribution of water;
(5) Public transportation;
(6) Terminal and dock facilities and parking facilities; and
(7) Such other senices and facilities as may be prO\ided 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 liYestock or poultry, and the operation of dairies, horse-boarding facilities, and riding stables.

4788 LOCAL A."\1D SPECIAL ACTS ,-\.'1iD RESOLL'TIONS, \'OL. II
(2) "Board" means the gO\erning body created for the governance of each community imprO\ement district authorized by this Act.
(3) "Bonds" or "general obligation bonds"' means any bonds of a district which are authorized to be issued under the Constitution and la\\s 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 at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy \ates 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, renoYation, or rehabilitation incurred in connection with any project or any part of any project;
(B) All costs of real propert\', fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility senices, fees, franchises, permits, apprornls, licenses, and certificates; the cost of securing any such franchises, permits, apprornls, 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 propertv 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 sen-ices and all expenses incurred by engineers, stirveyors, architects, and attorneys in connection with any project;
(E) All expenses for inspection of any project;
(F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar insuument or agreement; all expenses incurred by any such fiscal agents, paying agents, and u-ustees; and all other costs and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any project;

GEORGIA L-\WS 1999 SESSIO:\'

4789

(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 senice reserve, a renewal and replacement resen-e, or such other funds or resenes as the board may apprme 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 prmisions 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 ma~ 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 bodies consenting to the creation of the community improvement district or as subsequently 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 activated pursuant to this Act, as the context requires or permits.
(7) "Electors" means the noncontiguous owners of real property within the district which real property is then subject to taxes, fees, and assessments levied by the board; the appearance of owners on the most recent ad ,alorem real property tax records of DeKalb County shall be prima-facie proof of ownership.
(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 de,elopment of each such property," with reference to taxes, fees, and assessments levied bv the board, means that the burden of the taxes, fees, and assessm~nts may be apportioned among the properties subject to such taxes, fees, and assessments based upon the values established in the

4790 LOCAL .A.."'\JD SPECIAL ACTS .-\."'JD RESOLCTIONS, \'OL. II
most recent ad Yalorem tax reassessment of such properties certified by the chairperson of the DeKalb County Board of Tax Assessors or may be apportioned among the subject properties in direct or approximate proportion to the receipt of sen-ices or benefit deriYed from the improYements or other actiYities for which the taxes, fees, or assessments are to be expended or may be apportioned in any other manner or combination of manners deemed equitable by the board, including but not limited to the recognition of differential benefit which may reasonably be expected to accrue to new land deYelopment in contrast to lands and improYements already in existence at the time of creation of the community imprmement district.
(9) "Equity electors" means electors who cast Yotes equal to one Yote for each $1,000.00 or fraction thereof in assessed Yalue of all owned real property within the district which real property is then subject to taxes, fees, and assessments leYied by the board. Value of real property shall be the assessed Yalue. In the eYent the owner shall be a corporation, trust, partnership, multiple owners, or any other entity, one person shall be designated as elector and such designation shall be made in writing.
(10) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harYested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an actiYe tree-farming operation; it does not include the casual growing of trees on land otherwise idle or held for inYestment, eYen though some han-esting of trees may occur thereon.
( 11) "Project" means the acquisition, construction, installation, modification, renmation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improYements located or to be located within the district, and the acquisition, installation, modification, renmation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoeYer used on, in, or in connection with am such land, interest in land, building, structure, facility, or other improYement, all for the essential public purposes set forth in Section 2 of this .-\ct.
(12) ''Property owner" or "owner of real property" means any entity or person owning one or more noncontiguous parcels of real estate on the most recent ad Yalorem tax records of DeKalb Count\' within the district. Ownership as shown by the most recent ad Y~lorem real property tax records of DeKalb County shall be prima-facie proof of ownership. 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 or any portion of property used for neighborhood shopping, planned shopping

GEORGIA L\WS 1999 SESSIO:--:

4791

center, general commercial, hotel or motel, tourist senices, office or institutional, office senices, light industry, heayy industry, central business district, parking, or other commercial or business use, as well as Yacant land zoned or approYed for any of the aforementioned uses.
(14) "Taxpa,er" means any entity or person paying ad Yalorem taxes on real property, whether on one or more parcels of property within the district. Ylultiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole.
SECTION 4.
Creation.
(a) Pursuant to Article IX, Section \'II of the Constitution of the State of Georgia, as amended in 1984 (Ga. L. 1984, p. 1703), there is created one or more community improYement districts to be located in DeKalb County, Georgia, either wholly "ithin the unincorporated area of such county, or wholly within any municipality in the county, or partly within one or more municipalities and partly within the unincorporated area of the county, each of which shall be actirnted upon compliance with the conditions set forth in this section. Each district shall be goyerned by a board constituted as pro,ided in Section 5 of this Act. The conditions for such actiYation shall be:
(l) The adoption of a resolution consenting to the creation of each community improYement district by:
(A) The gmerning authority of DeKalb County if the district is located wholly within the unincorporated area of DeKalb County;
(B) The goyerning authority of the municipality if the district is located wholly within the incorporated area of a municipality; or
(C) The goyerning authorities of DeKalb County and any municipality in which the district is partly located if it is located partly within the unincorporated area of DeKalb County and partly within the incorporated area of any municipality; and
(2) Written consent to the creation of the community improYement district bY:
(A) A majority of the owners of real property within the district which real property will be subject to taxes, fees, and assessments leYied by the board of the district;
(B) The owners of real property within the district which real property constitutes at least 75 percent by Yalue of all real property within the district which will be subject to taxes, fees, and assessments leYied by the board and for this purpose Yalue shall be

4i92 LOCAL .-\XD SPECIAL ACTS .-\..~D RESOLCTIO!'\S, \'OL. II
determined by the most recent approYed county ad Yalorem tax digest; and
(C) The written consents prmided for aboYe shall be submitted to the tax commissioner of DeKalb Count\' who shall certifr whether subparagraphs (.-\) and (B) of this par~graph haw bee11 satisfied with respect to each such p1'oposed district.
;\o;o district or board created under this .-\ct shall transact a1w business or exercise any pm,ers under this .-\ct until the foregoing conditions are met. .-\ copy of such resolutions shall be filed with the Secretary of State. who shall maintain a record of all districts actiYated under this .-\ct, and with the Department of Community Affairs.
(b) :'\otwithstanding any other prmisions of this .-\ct to the contrary:
(I) Each comm1mity imprmement district created hereunder shall haYe a six-year life and shall automatically become inactiYe upon the expiration of six years after the date of actiYation of such district unless all of the conditions of actiYation enumerated in subsection (a) of this section are reaffirmed so as to extend the life of the district for six more years. There is no limit on the number of such extensions;
(2) The power of the board to leYy taxes shall be limited to fiw mills per dollar of assessed Yalue;
(3) ;\o;o contractual obligations may be entered into beyond the term or life of the district; and
(4) !'\o agreement of cooperation shall be legal or binding upon any of the parties to such agreement for a period longer than the life of the district.
SECTION 5.
Administration, appointment, and election of board members.
(a) Each district created pursuant to this Act shall be administered by a board composed of a minimum of seYen board members to be appointed and elected as prmided in this section. One board member shall be appointed by the goYerning authority of DeKalb County. One board member shall be appointed by the gmerning authority of each municipality, if any portion of the district lies within the incorporated area of such municipality, and three board members shall be elected by the ,ote of electors, and three members shall be elected by the rnte of equity electors. The board shall be seYen in number plus one for each member appointed by the goYerning authority of each municipality. The members representing the electors and equity electors shall be elected to sene in post positions 1 through 6, respecthely. Each elected board member must receiYe a majority of the ,otes cast for the post for which he or she is a candidate. Votes for posts 1, 2, and 3 shall be cast by electors and Yotes for

GEORGIA L-\WS 1999 SESSIO!'\

4793

posts -1, 5, and 6 shall be cast by equity electors. The initial term of office for the members representing posts 1 and 4 shall be two years. The initial term of office for the members representing posts 2 and 5 shall be two years and the initial term of office of the members representing posts 3 and 6 shall be three Years. Thereafter, all terms of office shall be for three Years, except the appointed board members who serye at the pleasure of the gmerning body which appointed them, respectiYely.
(b) The initial board members to be elected as prmided in subsection (a) of this section 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 required by this Act at such time and place within the district as the goyerning authority of DeKalb County, or goyerning body of the municipality if the district lies wholly within the incorporated area of a municipality, shall designate after notice of such time and place shall haYe been giYen to such electors bY publication in the legal organ of DeKalb County. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad Yalorem real property tax returns in DeKalb County, a caucus of such 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 board member positions whose terms expire or are meant. If a Yacancy occurs in an elected position on the board, the board shall, within 60 days of such Yacancy, call a special election to fill the same to be held within 60 days of the call unless such Yacancy 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 under the proYisions of this section, notice thereof shall be giYen to such electors by publication in the legal organ of DeKalb County at least once each week for four weeks prior to such election.
(c) One board member shall be elected by majority ,ote of the electors present and Yoting at the caucus, on the basis of one \'ote for each elector. Such board member shall be elected to a term of office of two years at the initial caucus of electors when the board is first formed and to terms of office of four Years thereafter. Four board members shall be elected bY a majority of th~ \'Otes cast by the equity electors present and Yoting at the caucus. All Yacancies to be filled through election shall be filled by majority \'ote in the same manner as the election of the board member preYiously holding the seat.
(d) The elected board members shall be subject to recall as any other elected public official by the electors defined by this Act.
(e) Board members, including appointed board members, shall be electors within the district. If a board member ceases to be an elector, such board member's position shall be declared meant as of the date of the eYent terminating such status.
(f) The board members shall receiYe no compensation for their senices but shall be reimbursed for actual expenses incurred in the performance

4794 LOC.--\L .--\.'\'D SPECIAL .--\CTS .--\..'\'D RESOLCTIO..'\'S, \'OL. II
of their duties. They shall elect one of their members as chairperson and another as Yice-chairperson 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.
(g) If the boundaries of a district are subsequently changed after creation of the district to include land within a municipality which was not a party to the creation of the district, or if a municipality's boundaries are changed to include land within a then existing district, the goYerning authority of the municipality shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement proYided for in Section 9 of this .--\ct. If the boundaries of a district or municipality are subsequently changed after creation of a district to include land within the unincorporated area of DeKalb County and the district originally had no land within the unincorporated area of DeKalb County, the goYerning authority of DeKalb County shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement proYided for in Section 9 of this .--\ct. If by municipal annexation or by deannexation of land from a district, th':' district no longer includes land \\ithin the unincorporated area of DeKalb County or within a municipality, respectiYely, then upon such occurrence the board member of the district appointed by such goYerning authority in which the district is no longer located shall cease to be a board member.
(h) Chapter 2 of Title 21 of the O.C.G..--\., the "Georgia Election Code," shall not apply to the election of district board members. The district board m,n- adopt such bylaws not inconsistent with this section to proYide for any matter concerning elections.
SECTION 6.
Taxes, fees, and assessments.
(a) The board maY Jew taxes, fees, and assessments within the district onhon real property t~sed 'nonresidentially, specifically excluding all propert~ exempt from ad ,alorem 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. .-\.ny tax, fee, or assessment so leYied shall not exceed fiye mills of the aggregate assessed ,alue of all such real property. The taxes, fees, and assessments leYied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for gmernmental sen-ices and facilities created by the degree of density of deYelopment of each such property. The proceeds of taxes, fees, and assessments leYied by the board shall be used only for the purpose of prmiding goYernmental sen-ices and facilities which are specially required by the degree of density of deYelopment within the district and not for the purpose of proYiding those goYernmental sen-ices and facilities proYided to the county or municipality as a whole.

GEORGI.-\ L-\WS 1999 SESSIO::\'

-1795

Any tax. fee, or assessment so leYied shall be collected by DeKalb County if the district lies "holly or partly within the unincorporated area of DeKalb County. and by the municipality within which it lies if it is "holly within a municipality. in the same manner as taxes. fees, and assessments are le,ied by DeKalb County or the municipality. respectiYely. Delinquent taxes shall bear the same interest and penalties as DeKalb County or municipal ad ,alorem taxes, respectiYely. and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so leYied, less a fee to coYer the costs of collection of 1 percent of such proceeds. but not more than S25,000.00 in any one calendar year. shall be transmitted by DeKalb County or the municipality who collects same, to the board and shall be expended by the board only for the purposes authorized by this .--\ct.
{b) The board shall le,: the taxes, fees, and assessments subsequent to the report of the assessed taxable Yalues for the current calendar year and notif\ in writing the collecting gmerning bodies so they maY include the le,: on their regular ad ,alorem tax bills.
(c) If, but for this proYision, a parcel of real property is remoYed from a district or otherwise would become nontaxable it shall continue to bear its tax millage then extant upon such eYent, for bonded indebtedness of the district then outstanding, until such bonded indebtedness then outstanding is paid or refunded.
(d) Each property owner paying taxes, fees, or assessments leYied by the board for any public facility as set forth in Section 2 of this .--\ct shall receiYe a credit equal to the present Yalue of all such taxes, fees, and assessments toward any impact fee as may be Jeyied by DeKalb County against such property for system imprmements which are in the same category as said public facility in accordance with Chapter 71 of Title 36 of the O.C.G..--\., the Georgia DeYelopment Impact Fee .--\c1.
SECTION 7.
Boundaries of the districts.
(a) The boundaries of each district shall be as designated as such by the goYerning authority of DeKalb County if wholly within the unincorporated area of DeKalb County and such municipalities within which the district may be partly located if partly within the unincorporated area of DeKalb County and partly within one or more municipalities, or by the goYerning authority of a municipality if wholly within the incorporated area thereof, as set forth in the resolutions required in Section -! of this .--\ct. or as maY thereafter be added.
(b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following:
( 1) \\'ritten consent of a majority of the owners of real propertY within the area sought to be annexed and which real property will be subject

4796 LOCAL ...\..,D SPECI.-\L ACTS ...\..,D RESOLCTIO'.\:S, \'OL. II
to taxes, fees, and assessments leYied 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 Yalue of the property which will be subject to taxes, fees, and assessments leYied by the board and for this purpose Yalue shall be determined by the most recent approYed county ad Yalorem tax digest;
(3) The adoption of a resolution consenting to the annexation by the board of the district; and
(4) The adoption of a resolution consenting to the annexation by the goYerning authority of DeKalb County, if any portion of the district is or is to be in the unincorporated area of DeKalb County, and such municipalities as may haYe area \\ithin the district before or after the annexation.
SECTION 8.
Debt.
Each district may incur debt without regard to the requirements of Section \' of Article IX of the Constitution of Georgia, or any other proYision of law prohibiting or restricting the borrmring of money or the creation of debt by political subdiYisions 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 gmernment of the State of Georgia other than the district.
SECTION 9.
Cooperation with local goYernments.
The sen-ices and facilities prmided pursuant to this .-\ct shall be proYided for in a cooperation agreement executed jointh- by the board and the goyerning bodies of DeKalb County and any municipalities within which the district is partly located. The proYisions of this section shall in no way limit the authority of DeKalb County or any such municipality to proYide sen-ices or facilities within the district; and DeKalb County or such municipalities shall retain full and complete authority and control oYer any of their facilities located within their respectiYe areas of any district. Such control shall include but not be limited to the modification of, access to, and degree and type of ser\"ices prmided through or by facilities of the municipality or county. '.\:othing contained in this section shall be construed to limit or preempt the application of any goYernmental laws, ordinances, resolutions, or regulations to the district or the senices or facilities proYided therein.

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SECTION 10.
Powers.
(a) Each district and its board created pursuant to this .-\ct shall haYe all of the powers necessary or conYenient to carry out and effectuate the purposes and proYisions of this .-\ct, 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 conYenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects. agreements for loans to finance projects, and contracts with respect to the use of projects;
(--1) To acquire by purchase. lease. or otherwise and to hold, lease, and dispose of real and personal property of e,ery kind and character. or any interest in real or personal property, 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, renmate, rehabilitate, modif\ maintain. extend, improYe, 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 a11\' other funds of the district, or from a11\' contributions or loans by pe~sons, corporations, partnerships whether limited or general. or other entities, all of which the board is authorized to receiYe, 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 othe1 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 e,idence and to proYide security for such borrowing;
(i) To issue bonds, notes. or other obligations of the district and use the proceeds 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 goYernment or agency or to any other source,

4i98 LOCAL ,-\."\D SPECIAL ACTS .-\.'\'D RESOLL.TIO:\S, \'OL. II
whether public or priYate, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county. or municipal goYernment or agency or other source;
(9) To enter into agreements with the federal goyernment or any agency of the federal goYernment to use the facilities or sen-ices of the federal gmernment or am agency of the federal goYernment in order to further or carry out the public purposes of the district;
(10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdiYision of this state for the use by the district of any facilities or sen-ices of the state or am such state institution, municipal corporation, county, or political subdiYision of this state, or for the use by any state institution or any municipal corporation, county, or political subdiYision of the state of any facilities or senices of the district, proYided that such contracts shall deal with such actiYities and transactions as the district and any such political subdiYision with which the district contracts are authorized by law to undertake;
(11) To receiYe and use the proceeds of any tax leYied 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 to this Act;
(12) To receiYe and administer gifts, grants, and deYises of money and property of any kind and to administer trusts;
(13) To use any real property, personal property, or fixtures or any interest in such property or to rent or lease such property to or from others or make contracts with respect to the use of such property 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 the best ad,antage of the district and the public purposes of the district;
(14) To appoint, select, and employ engineers, surYe,ors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses;
(15) To encourage and promote the improYement and deYelopment of the district and to make, con tract for, or othenrise cause to be made long-range plans or proposals for the district in cooperation with DeKalb County and any municipal corporations in which the district is \\holly or partly located;
(16) To adopt bylaws goYerning 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;

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(1i) To exercise any power granted by the laws of this state to public or priYate corporations which is not in conflict with the public purposes of the district; and
(18) To do all things necessary or co1n-enient to carry out the powers conferred bY this .-\ct.
(b) The powers enumerated in each paragraph of subsection (a) of this section are cumulatiYe of and in addition to those powers enumerated else\\here in this .-\ct; and no such power limits or restricts any other power of the board.
SECTION 11.
Bonds-generally.
(a) :\'otes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged.
(b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board, adopted by a majority rnte of the board members at a regular or special meeting.
(c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respectiYe dates, shall bear interest at such rate or rates "hich may be fixed or maY fluctuate or otherwise change from time to time, sl{all be subject t~ redemption on such terms, and shall contain such other terms, proYisions, coYenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or proYide. The terms, pro,isions, coYenants, assignments, and conditions contained in or proYided 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.
(cl) The board shall haYe power from time to time and wheneYer it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded haYe matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted by this .-\ct. The refunding bonds may be exchanged for the bonds to be refunded, with such cash a,djustments 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 or any maximum interest rate or rates on any bonds, notes, or other obligations of any

4800 LOCAL .-\.'W SPECL-\L .-\CTS .-\.~D RESOLCTIQ:--;S, \'OL. II
district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of any district.
(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 proYisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may proYide.
(g) Bonds shall bear a certificate of rnlidation. The signature of the clerk of the Superior Court of DeKalb County may be made on the certificate of rnlidation of such bonds by facsimile or by manual execution, stating the date on which such bonds were Yalidated; and such entry shall be original eYidence of the fact ofjudgment and shall be recei,ed as original eYidence in am court in this state.
(h) In lieu of specif\ing the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the Yalidation hearing, and the petition and complaint for ,alidation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the eYent 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; proYided, howeYer, that nothing in this subsection shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, eYen if in doing so the effecti\e interest cost resulting 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 haYe the meaning prescribed in this .-\ct wheneYer those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the . district, or in notices or proceedings to Yalidate such bonds, notes, or other obligations of a district.
SECTION 12.
Authorized contents of agreements and instruments; use of proceeds of sale of bonds, notes, and other obligations; subsequent issues of obligations.
(a) Subject to the limitations and procedures proYided by this section and by Section 11 of this .-\ct, the agreements or instruments executed by a board may contain such proYisions not inconsistent with law as shall be determined bY the board.

GEORGIA L\.WS 1999 SESSIO:'.\'

4801

(b) The proceeds deriwd 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 by this .-\ct, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this .\ct.
(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 ,dth the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or otlTer obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes. or other obligations, unless in the resolution authorizing such prior issue the right is expressh reserYed to the board to issue subsequent bonds, notes, or other obligations on a parity \\"ith such prior issue.
(d) In the eYent that am district shall be terminated in accordance with this Act, the board shali serYe until December 31 of the year in "hich terminations shall be apprO\ed for the purpose of concluding any ongoing matters and projects, but if such cannot be concluded by December 31, then the goYerning authority of the county shall assume the duties of the administratiYe board and shall be expressly authorized to exercise the authority of the administratiYe board. In the alternatiYe, the goYerning authority of the county may, by resolution, assume all rights and obligations of the district, either bonds or othendse, and the district shall cease to exist upon the adoption of such resolution.
SECTION 13.
Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities .-\ct of 1973"'; notice, proceeding, publication, referendum.
This Act shall be liberally construed to effect its purposes. 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..-\., the "Georgia Securities Act of 1973... :'.\'o notice, proceeding, or publication except those required bY this Act 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 actiYated under the proYisions of this Act may be dissohed. The conditions for such dissolution shall be:
(1) The adoption of a resolution approYing the dissolution of the specific community impronment district by the goYerning authority of DeKalb CountY; and

4802 LOCAL .-\.~D SPECIAL ACTS .-\.,0 RESOLCTIO:\'S, \'OL. II
(2) The written consent to the dissolution of the specific commtmity imprmement district by:
(A) Two-thirds of the owners of real property within the district which real property is subject to taxes, fees, and assessments leYied by the board of the district; or
(B) The owners of real property constituting at least 75 percent by ,alue of all real property within the district which real property is subject to taxes, fees, and assessments leYied by the board and for this purpose Yalue shall be determined by the most recent approYed county ad Yalorem tax digest.
The written consent proYided for in subparagraphs (A) or (B) of this paragraph shall be submitted to the DeKalb County tax commissioner, who shall certify whether such written consent has been satisfied with respect to each proposed district dissolution.
(b) At the official caucus of electors at which board members are to be elected in the sixth year following creation of the district, and eYery sixth year thereafter, the question shall be put to the electors present to dissoh-e the commtmity improYement district. Cpon an affirmatiYe ,ote of a majority of the electors present and Yoting, who shall represent at least 75 percent of the Yotes cast on the basis of Yalue, the board shall send a ballot to each owner of property subject to taxes, fees, and assessments leYied by the board for a Yote on the dissolution. Cpon receipt of ballots consenting to the dissolution from a majority of the property mrners, who shall represent at least 75 percent of the assessed Yalue of such properties, the board shall request dissolution by the goYerning authority and shall forward such ballots to the DeKalb CountY tax commissioner for certification.
(c) In the eYent that successful action is taken pursuant to this section to dissoh-e the district, the dissolution shall become effectiYe at such time as all debt obligations of the district haYe been satisfied. Following a successful dissolution action and until the dissolution becomes effecti,e, no new projects may be undertaken, obligations or debts incurred, or property acquired.
(d) Cpon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for suc_h public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any or all debt obligations of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid by the property owner relathe to the total reYenues paid by all property owners in the district.
(e) \.\11en a dissolution becomes effectiYe, the gmerning authority of DeKalb County shall take title to all property pre\"iously in the ownership

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-1803

of the district and all taxes, fees, and assessments of the district shall cease to be leYied and collected.
(f) ..\. district may be reacti,ated in the same manner as an original acti,ation.
SECTION 15.
~o community imprmement district may be created pursuant to this ..\.ct on or after January 1, 2003.
SECTION 16.
Se,erability.
In the eYent any section, subsection, sentence. clause, or phrase of this ..\.ct shall be declared or adjudged imalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this ..\.ct, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or acljudged inYalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would ha,e passed the remaining parts of this ..\.ct if it had known that such part or parts hereof would be declared or adjudged inrnlid or unconstitutional.
SECTION 17.
This Act shall become effectiYe upon its apprmal by the GoYernor or upon its becoming law without such approYal.
SECTION 18.
Effect on other commtmity improYement district law.
This ..\.ct shall not repeal or modify in any way an ..\.ct proYiding for the creation of a commtmity improyement district in unincorporated DeKalb County, enacted as the "DeKalb County Community Imprmement District .--\ct,'" (Ga. L. 1998, p. 4228).
SECTION 19.
Repealer.
.--\II laws and parts of laws in conflict with this ..\.ct are repealed.
:\'OTICE OF I:\'TE~TIO~ TO l:\'TRODCCE LOC.--\L
LEGISL.\.TIO!\
:\'otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .--\ct creating a commtmi~ improYement district in unincorporated DeKalb County known as the "DeKalb Coun~ Comnnmi~ ImproYement District ..\.ct",

4804 LOCAL A.'\'D SPECIAL ACTS .-\.'\'D RESOLCTIO:\S, \'OL. II
(Ga. L. 1996, p. 4228) and as a bill to prO\ide for one or more comnmnity improYement districts in DeKalb County and in each municipality in such county; to proYide for related matters; to repeal conflicting laws; and for other purposes.
This 7 day ofJanuary. 1999.
Honorable Doug Teper Represen tatiYe 61 st District
GEORGI.-\, FCLTO:\ COC:\TI'
Personally appeared before me, the undersigned authority. duly authorized to administer oaths, Doug Teper, who on oath deposes and says that he is the RepresentatiYe from the 61st District and further deposes and says as follo"s:
(1) That the attached :\'otice of Intention to Introduce Local Legislation ,ms published in the Champion which is the official organ of DeKalb County on the following date: January 14, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, municipality, or consolidated gO\ernment "hose charter or enabling .-\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill "as requested bY resolution or other written notification of the gO\erning authority of the affected countY, municipality, or consolidated goYernment and a copY of such resolution or other written notification is attached hereto.
..L The notice requirement of subsection (b) of Code Section 28-1-1-1does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a countY or consolidated goYernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill ,ms prodded to the county gO\erning authority within which the area proposed to be annexed is located at the time the notice ,rns published. as required by Code Section 28-1-14.1.
s/ DOCG TEPER Represen tatiYe, 61 st District
Sworn to and subscribed before me, this 25th day ofJanuary, 1999.

GEORGI.-\ L\\\'S 1999 SESSIO:'\
s/ TERES.-\ .-\DKl:'\S :'\otary Public, Clayton County, Georgia \ly Commission Expires Jan. 5, 2001 (SEAL)
.-\pproYed .-\pril 19, 1999.
DEK..\LB COC:'\TY - CO~I\-IC:'\ITY I\IPRO\'E~IE:'\T DISTRICTS: SHORT TITLE OF .-\CT; 'T:'\l:'\CORPOR.-\TED DEK..\LB COC:'\TY
CO\IYIC:'\ITY I\,JPRO\ 'E\,JE:'\T DISTRICT .-\CT OF 1998.
:'\o. 265 (House Bill :'\o. 2i--l) .
..\..'\ ..\CT
To amend an .-\ct known as the "DeKalb County Community lmprmement District .-\ct,.. (Ga. L. 1998, p. --1228) so as to change the short title of the Act; to repeal conflicting laws; and for other purposes.
BE IT E:'\.-\CTED BY THE GE:'\ER.\L ..\SSE\-IBLY OF GEORGI..\:
SECTION L
.-\.n .-\ct known as the "DeKalb Count\' Community Imprmement District .-\ct,.. (Ga. L. 1998, p. --1228), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following:
"SECTIO:'\ 1.
Short title.
This ..\ct shall be known and may be cited as the 'L"nincorporated DeKalb County Community lmproYement District ..\ct of 1998. ..
SECTION 2.
.-\11 laws and parts of laws in conflict with this ..\ct are repealed.
:'\OTICE OF l:'\TE:'\TIO:'\ TO l:'\TRODCCE LOC..\L
LEGISL.\TIO:--:
:--:otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .-\ct creating a commtmity improYement district in unincorporated DeKalb County known as the "DeKalb County Community lmproYeme11t District .-\ct", (Ga. L. 1998, p. 4228) and as a bill to proYide for one or more comnnmity improYement districts in DeKalb County and in each municipality in such county; to pnwide for related matters: to repeal conflicting laws; and for other purposes.

-1806 LOC.--\L .-\.'.\'D SPECL--\L ACTS .--\.'\'D RESOLCTIO:\:S, \'OL II
This 7 day ofJanuan, 1999.
Honorable Doug Teper Represen tatiYe 61 st District
GEORGI.-\. FCLTO:'\ COL':'\TY
Personally appeared before me. the undersigned authority, duly authorized to administer oaths, Doug Teper, who on oath deposes and says that he is the Representati,e from the 61st District and further deposes and says as follmrs:
(1) That the attached :'\otice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on the following date: January 1-l. 1999.
(2) That the laws requiring notice of local legislation ,rere further complied with in the manner checked belmr:
_ .-\ copy of the notice of intention was mailed, transmitted by facsimile, or othen\'ise prmided to the goYerning authoritY of any county, municipalitY. or consolidated goYernment \\hose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other \\Titten notification of the goYerning authority of the affected county, municipality, or consolidated gmernment and a copY of such resolution or other \\Titten notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1-14 does .not apph because the bill does not amend the charter of a municipalitY or the enabling .-\ct of a county or consolidated goYernment or the bill affects a local school sntem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not applY because the bill is an annexation bill and a copy of the bill \\as proYided to the county gcwerning authority ,\'ithin ,rhich the area proposed to be annexed is located at the time the notice was published, as required lw Code Section 28-1-14.1.
s/ DOL'G TEPER Representathe, 61st District
Sm)rn to and subscribed before me. this 2?>th da, of JanuarY. 1999.
s/ TERESA .-\DKI:'\S :'\otary Public. (]anon County. Georgia \ly Commission Expires Jan. :1. 2001 (SL\L)
.-\pproYed April 19. 1999.

GEORGI.-\ LW,'S 1999 SESSIO!'\

480i

THO'.\L-\S COC'.'\TI' .-\."D CITY OF THO\1AS\1LLE - THO'.\-1.-\S COC'.'\TI' E'.\IERGE'.'\CY SER\1CES BOARD; CRL-\TIO'.'\.
'.'\o. 26i (House Bill '.'\o. 692) .
.--\X .--\CT
To create the Thomas County Emergency Sen-ices Board; to prmide for the membership and powers of said board; to pro,ide for meetings of the board; to pro,ide for dissolution of the board; to proYide for assets under the jurisdiction of the board; to pro,ide for arbitration of certain disputes; to repeal conflicting laws; and for other purposes.
BE IT E'.'\.--\CTED BY THE GE'.'\ER.--\L .--\SSE'.\IBLY OF GEORGI.--\:
SECTION 1.
There shall be a board known as the Thomas County Emergency Senices Board to consist of fiye members who shall be known as the board of directors.
SECTION 2.
Two members of the board of directors shall be selected bY the Board of Commissioners of Thomas County from their membership."Two members shall be selected bY the CitY Council of the Cit\ of Thotnas,ille from their membership. The fifth me;nber shall be selected by a unanimous ,ote of the four electiYe members representing the City of Thomas,ille and Thomas County, respecti,ely. The members selected by the Board of Commissioners of Thomas Count\ and the Cit\ Council of the Cit\ of ThomasYille shall sene at the plea.sure of their 1:espectiYe electiYe bodies. The fifth member shall ha,e a t\,o-.year term but may. be remmed at am. time by a Yote of t\rn of the four members selected from the membership of the Cit\. Council of the Cit\. of Thomas,-iJle and the Board of Commissioners of Thomas Count\.. '.\lembers shall receiYe no salary. or other compensation. except for reimbursement of out-of-pocket expenses in carrying out their duties.
SECTION 3.
The Thomas County Emergency Sen-ices Board shall hme as its principal responsibility the management and operation of the emergency senices currenth proYided by Thomas County and the City ofThomas,ille. These sen-ices include but are not limited to fire protection. emergency medical senice. and the emergency telephone number "911" system .
SECTION 4.
The Thomas County Emergency Senices Board shall haYe the following powers:

-1-808 LOCAL .-\~D SPECI.-\L .-\CTS .-\.,D RESOLL'TIO~S. \'OL. II
( 1) To bring and dt'fend actions;
(2) To adopt and amt'nd a corporatt' st'al;
(:~) To makt' and t'Xt'CUtt' contracts and otht'r instruments nect'ssarY to earn out its rt'sponsibility. proYidt'd that. if the contracts inYOIYe lt'ast's, such least's shall bt' limitt'd by the proYisions of Code St'ction 36-60-13 of the O.C:.G..-\.;
(-I-) To own propt'rt,. both real and pt'rsonal. in its own name and to st'II propt'rty;
(:1) To appoint offict'rs and retain agt'nts. engineers, attorneys. fiscal agents. accountants. and employees and to prmidt' for their compensation and dutit's;
(6) To t'xpend such funds as are proYided by the city, county. and any otht'r legal sources to carry out its functions; and
(7) To dnelop bylaws to carry out the functions and powers granted in this .-\ct.
SECTION 5.
The board shall meet at least monthly and notice of all meetings and the conduct of all meetings shall be goYernt'd by Chapter 1-1- of Title 50 of tht' O.C.G.A
SECTION 6.
In tht' e,t'nt that t'ither tht' CitY. Council of the CitY. of ThomasYille or the Board of Commissioners of Thomas Count\" should decide that the Thomas County Emergency Senices Board is no longer able to proYide for the public safety of its citizens and elects to withdraw from the Thomas County Emergency Sen-ices Board. notice of such intent shall be deliYered to tht' Thomas County Emt'rgency Sen-ices Board. The Thomas County Emergt'ncy Senices Board shall. within six months ofreceipt of this notice, wind dmrn all of its actiYities. .-\sst'ts used by the board in carrying out its function shall bt' diYided according to the responsibilities assumed by the countY and city. respecti,eh. and any debt associated with any ghen asset shall bt' assumed b, tht' t'ntity assuming the function. In the eYent a dispute should arise as to wht'ther tht' city or county is to recehe a ghen asset. tht' matter shall bt' rt'solYed by binding arbitration. and any arbitrator shall bt' appointt'd by tht' chiefjudgt' of the Southern Judicial Circuit.
SECTION 7.
.-\II laws and parts of laws in conflict with this .-\ct are repealed.
~OTICE OF I~TE~T TO I:\TRODL'CE LOC.-\L LEGISL-\TIO~
\Ol' .-\RE HEREBY ~OTIFIED that Thomas County intends to rt'quest introduction of local legislation to the following

GEORGIA L\WS 1999 SESSIO.'.\

4809

1 to create Emergency Sen-ices Board to be responsible for deliYery of the protection E91 l senices, emergency medical sen-ices and other emergency senices throughout all of Thomas County and municipalities.
2 to change compensation for member of the Thomas County Board of Commissioners to S300.00 and for the Chairperson of the Thomas County Board of Commissioners to S400.00 and
3 to proYide for the annual election of the chairperson Yice chairperson and clerk.
R BRCCE WARR.'.\ Attorney. for Thomas County. WHITEHCRST BL\CKBCR..'\ WARR.'.\ & KELLEY 808 SOCTH BROAD STREET THOMAS\1LLE GA 3li82
GEORGL\, FCLTO:\' COC:\'TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths.John Bulloch, ''"ho on oath deposes and says that he is the RepresentatiYe from the 180th District and further deposes and saYs as follows:
(1) That the attached .'.\otice of Intention to Introduce Local Legislation was published in the ThomasYille Times-Enterprise which is the official organ of Thomas Coun~ on the following date: February 12, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authori~ of any coun~, municipali~, or consolidated goYernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected coun~, municipality, or consolidated gO\ernment and a copy of such resolution or other written notification is attached hereto.
..L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a mnnicipali~ or the enabling Act of a conn~ or consolidated goYernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the conn~ gO\erning authori~ within which the area proposed to be annexed is located at the time th e notice was published,

4810 LOCAL .-\..,D SPECIAL .-\CTS .-\..,D RESOLLTIO'.\:S, \'OL. II
as required by Code Section 28-1-1-U.
s/ JOH:'\ Bl"LLOCH Representatin. 180th District
Sworn to and subscribed before me, this 16th day of February. 1999.
s/ TERESA .-\.DKI'.\:S '.\:otarY Public, Clanon County. Georgia '.\ly Commission Expires Jan. 5, 2001 (SE.-\L)
.-\pprmed .-\pril 19, 1999.
CITY OF DEC.-\Tl"R - BOARD OF EDL"C.-\TIO'.\:; PO\\'.RS; DEBT; PROPERTY; .ill \'.-\LORE'.\11 T.-\X R.\TE.
'.\:o. 2i8 (House Bill '.\:o. 606) .
.-\.., .-\CT
To amend an .-\ct creating a new charter for the City of Decatur. in DeKalb County, Georgia, apprmed .-\ugust li, 1909 (Ga. L. 1909. p. T5i), as amended, so as to enhance the powers, duties, and rights of the Board of Education of the Cit\' of Decatur so as to reconstitute the board of education as a body politic; to authorize the board of educatinn to contract for short-term debt; to authorize the city commission to transfer property to the board of education and authorize the board of education to accept property; to authorize the board of education to establish the ad Yalorem tax rate for school purposes; and for other purposes.
BE IT E'.\:.-\CTED BY THE GE'.\:ER-\L .-\SSD-IBLY OF GEORGL.\:
SECTION 1.
An .-\ct creating a new charter for the City of Decatur. in DeKalb County. Georgia, approYed .-\ugust l i. 1909 (Ga. L. 1909. p. T5i). as amended, is amended by striking subsection (a) of Section 65 and inserting in lieu thereof a new subsection (a) to read as follows:
.. (a) (1) The public school system now in operation in the CitY of Decatur, c:,tablished under an ..\ct of the General .-hsembly apprmed September 12, 1889. 'to authorize the establishment of a system of public schools in the City of Decatur' shall be and the same is hereby continued under this .-\ct. The Board of Education of the City of Decatur which was appointed and which existed on December 31.
1992, is continued in existence but on and afterJanuary I. 199-l. shall
be constituted as prmided in this .-\ct.

GEORGI.-\ L\\\'S 1999 SESSIO~

4811

(2) The Board of Education of the CitY of Decatur so continued and constituted, sometimes referred to in this .-\ct as the 'board, shall continue to ha,e the powers, duties, rights, obligations, and liabilities of that Board of Education of the CitY of Decatur as existed immediately prior to January 1. 1994, except as may ha,e been amended since that date, and shall be subject to all constitutional and statutory prmisions relating to boards of education and not in conflict with this ..\ct.
(3) The Board of Education of the City of Decatur so continued and constituted, shall be a body corporate and politic and shall be empowered to engage in legal process and to enact such bylaws, rules, and regulations, not inconsistent with the laws of this state or the L'nited States, for the goYernment of the members of the board, superintendent. teachers. and pupils of said schools, as the board may deem proper...
SECTION 2.
Said .-\ct is further amended by striking subsection (c) of Section 65.-\ and inserting in lieu thereof a new subsection (c) to read as follows:
.. (c) (1) The board of education shall make such rules and regulations for its goYernment as it deems wise. The said board of education shall haYe entire supenision, direction, and control of the public school system of said city as now established and may make such changes therein from time to time as it deems proper; proYided, that said board shall not haYe the power or authority to contract any debt for or on account of the city; howe,er, the board may contract on its own behalf for short-term debt whose repayment is pledged by specific tax receipts; prmided, further, that the City of Decatur shall haYe authority to transfer to the board of education and the board of education shall haYe authority to accept from the City of Decatur transfer of title to property for use of the school system, especialh- including but not limited to title to the properties known as Clairemont Elementary School, College Heights Elementary School, Fifth AYenue Elementary School, Glenwood Elementary School, Oakhurst Elementan School, \-\'estchester Elementary Sch~ol. Winnona Park Elementar~- School, Renfroe '.\fiddle School. and Decatur High School.
(2) Said board shall haYe the exclusiYe rights, powers, and authority to prescribe the curriculum of said school system; to appoint and employ a superintendent and all other employees at the recommendation of the superintendent in said school system and to fix their compensation; to suspend or remo,e the superintendent or any other employee at the recommendation of the superintendent for cause satisfactory to it; to make such rules, regulations, and orders for the goYernment, discipline, and conduct of said school system and of the superintendent, teachers, employees. and pupils as it may deem proper and not

4812 LOCAL A.'.-:D SPECIAL ACTS .-\.'\D RESOLCTIO'.\'S, \'OL. II
in conflict with the laws of Georgia; and generally to haYe power and authoritY to do and perform all acts necessary to and in promotion of the best educational interests of said citY, not in conflict with proYisions of this Act or the laws of this state.
(3) '.\'o member of said board may sene in the office of superintendent or in the position of a teacher or other emploYee in said schools.
(-1) The secretary and treasurer of said board shall giYe bond in said sum as the board may fix.
(5) The board shall cause to be kept regular minutes of all its proceedings which shall be open to inspection.
(6) The board shall annually submit to the mayor and commission full and complete estimates of the total funds needed to operate the schools for the fiscal Year, with such estimate as it can make of the probable amount of the city's pro rata share of the state common school fund and of any other funds that it may expect to receiYe. The mayor and commission shall, not later than the first daY ofJune, notif\ said board of education of the gross amount of funds, including the city's pro rata share of the state common school fund, set apart for the fiscal Year for said system of public schools, which st11n shall be sufficient to support and maintain said school system and efficiently operate the schools for at least nine scholastic months in each calendar Y. ear. Said board of education shall submit to the may. or and commission not later than the first day of August in each year an annual report for the scholastic Year ending June 30, showing the condition of the public schools, the attendance therein with resident and nonresident pupils shown separatelY, and the receipts and expenditures for the scholastic year, together with such other information as the mayor and commission may call or said board may deem proper and such recommendations as it may desire to make. The report, or so much thereof as the mayor and commission shall order, shall be published in said citY...
SECTION 3.
Said Act is further amended by striking Section 46 and inserting in lieu thereof a new Section 46 to read as follows:
"SECTION 46.
Educational funds; school tax.
(a) On or before March 1, or another date specified by the citY commission, the board of education of the cit\' schools of Decatur shall proYide to the city commission the rate of the ad Yalorem tax le,y necessary for the support, maintenance, and operation of said public

GEORGL\ L\WS 1999 SESSIO'.'\

--1:813

schools. Such rate shall not exceed two and one-half percentum upon said taxable property. The city commission shall assess. leYy, and cause to be collected such ad rnlorem tax as pnwided by the board of education upon all property in said city su~ject to taxation.
(b) The city commissioners may proYide for the payment of school tax in installments as in the case of collection of the general tax leYied in said city, but said school tax shall be paid mer to the board of education as collected, at the dose of each month during which recei,ed.
(c) '.'\o part of said school fund shall be used for any other purposes than in support and maintenance of said schools and school system. or in contracting for or erecting schools or school related buildings and additions thereto, or for pn)\"iding furniture and other necessary equipment thereof, or on the repairs and upkeep of the buildings and grounds of said school. ..
SECTION 4.
.-\II laws and parts of laws in conflict with this .-\ct are repealed.
'.'\OTICE OF l'.'\TE'.'\TIO'.'\ TO l'.'\TRODCCE LOC.-\L LEGISL-\TIO'.'\
'.'\otice is hereby giYen that there will be introduced at the 1999 session of the General Assembly of Georgia a bill to amend the Charter of the City of the City of Decatur, Georgia, to change the powers. duties and rights of the Board of Education of the CitY of Decatur so as to establish the term debt; to authorize the City Commission to transfer propertY to the Board of Education and authorize the Board of Education to accept propertY; to authorize the Board of Education to establish the ad ,alorem tax rate for school purposes; and for other purposes.
This 21st day ofJanuary, 1999.
Peggy '.\-Ierriss City '.\lanager
GEORGL-\. FCLTO'.'\ COC'.'\T\'
Personally appeared before me, the undersigned authority. duly authorized to administer oaths.Jo Ann '.\kClinton. \\"ho on oath deposes and says that she is the RepresentatiYe from the 68th District and further deposes and saYs as follows:

4814 LOCAL ..\XD SPECIAL ACTS ..\XD RESOLCTIO:'l:S, \'OL. II
(1) That the attached Xotice of Intention to Introduce Local Legislation was published in the Champion "hich is the official organ of DeKalb County on the following date: January 21, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
L ..\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, municipality, or consolidated gmernment whose charter or enabling .\ct is amended, as required by subsection (b) of Code Section 28-1-1-l.
_ The notice requirement of subsection (b) of Code Section 28-1-1-l does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-1-l does not apply because the bill does not amend the charter of a municipality or the enabling .\ct of a county or consolidated gmernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-l does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-1.1.
s/ JO ..\.,X ~JCCLIXTOX Representathe, 68th District
Sworn to and subscribed before me, this 4th day of February, 1999.
s/ TERESA ..\DKIXS Xotary Public, Clayton County, Georgia Yly Commission Expires Jan . 5, 2001 (SEAL)
ApproYed April 19, 1999.

GEORGI..\ L\\\'S 1999 SESSIO::--.:

-1-81 :1

L-\KE ..\LL-\TOOK.\ PRESER\'..\TIO::--.: ..\CTHORITY - CREA.TIO::--.:.
::--.:o. 283 (House Bill ::--.:o. 508) .
.-\.'\ ..\CT
To create the Lake ..\llatoona Preserrntion ..\uthority; to pro\'ide for legislati\e findings and purpose; to confer powers and impose duties on the authority; to pro\'ide for the membership and the nomination and appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to pro\'ide for \'acancies, organization, meetings, and expenses; to pro\'ide for authority property; to pro\'ide for definitions; to proYide for re\'enue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to proYide for interim documents and for lost or mutilated documents; to prmide for condi.tion for issuance; to prohibit the pledge of credit for the payment of bonds; to pro\'ide for trust indentures and sinking fund; to pro\'ide for payment of bond proceeds; to proYide for bondholder remedies and protection; to proYide for refunding bonds; to pro\'ide for bond Yalidation; to proYide for \enue and jurisdiction; to pro\'ide for trust funds; to proYide for authority purpose; to pro\'ide for charges; to proYide for rules and regulations; to pro\'ide for tort immunity; to pro\'ide for co\'enants and tax exemptions; to pro\'ide for supplemental powers; to pro\'ide for effect on other go\'ernments; to pro\'ide for liberal construction; to proYide for an effecti\'e date; to repeal conflicting laws; and for other purposes.
BE IT E::--.:..\CTED BY THE GE::--.:ER.\L ..\SSE~'1BLY OF GEORGL.\:
SECTION 1.
LegislatiYe finding.
It is declared that there exists in the Cherokee County, Cobb County, and Bartow County area a need for an authority to function without profit in presen-ing Lake ..\llatoona for the public good in this state.
SECTION 2.
.-\uthorit\' created.
(a) There is created a body corporate and politic to be known as the Lake ..\llatoona Preser\'ation AuthoritY, and which shall be deemed to be a political subaiYision of the State of Georgia and a public corporation and bY that name, stde, and title said bod\' ma\' contract and be contracted ":ith, sue and b~ sued, implead and be i1;1pleaded, and complain and defend in all courts of law and equity.
(b) Without limiting the generality of any prmisions of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating one or more projects

--1-816 LOCAL .-\.'\D SPECIAL ACTS .-\.'\D RESOLL'TIO:\S, \'OL. II
consisting of facilities to be used for the purpose of presen-ing Lake .-\llatoona; acquiring the necessary property therefor, both real and personal. with the right to contract for the use of, or to lease or sell any or all of such facilities, including real property, and to do anY and all things deemed by the authority necessary, conYenient, and desirable for and incident to the efficient and proper de,elopment of such t~ves of undertakings.
SECTION 3.
:\lembership; organization.
(a) The authority shall consist of nine members who shall serYe as members of Post I. 2, 3. !. 5, 6, 7, 8. or 9. respectiYely. The goYerning authority of Cherokee County shall appoint persons for Posts I, 2, and 3; the gmerning authority of Cobb County shall appoint persons for Posts -1, 5, and 6; and the goYerning authority of Bartow County shall appoint persons for Posts 7. 8, and 9. Each goYerning authority shall initialhappoint two members for terms of n,o Years and one member for a term of four Years.
(b) Except for the initial members of the authority, all subsequent members of the authoritY. shall serYe for a term of four Y. ears or until their successors are selected and qualified.
(c) \'acancies on the authority shall be filled in the same manner described in subsection (a) of this section. The appointment of any person to fill an expired term shall be only for the remainder of such term and until a successor is appointed and qualified.
(cl) The goYerning authorities of Cherokee, Cobb, and Bartow counties shall proceed to select the members of the authority immediately after the effectiYe date of this .-\ct.
(e) The members shall organize and enter upon the performance of their duties.
(f) The authoritY shall elect one of its members as chair and another as Yice chair and sl~all elect a secretary-treasurer. who may, but need not necessarily. be a member of the authority.
(g) Fhe members of the authority shall constitute a quorum, and no Yacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority at eYery meeting, and in eYery instance a majority Yote shall authorize any legal act of the authority, including all things necessary to authorize and issue re,em1e bonds.
(h) The members of the authority shall not be entitled to compensation for their senices but shall be entitled to and shall be reimbursed for their actual expenses properh- incurred in the performance of their duties. The

GEORGI.-\. L\V,'S 1999 SESSIO!\:

4817

authority shall make rules and regulations for its own goYernment and may retain, employ, and engage professional and technical supenisors, assistants, experts, 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 eYery nature and all expenditures of eYery kind. The authority shall haYe perpetual existence.
SECTION 4.
Public purposes and property.
It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state, and that the authority is an institution of purely public charity, and that all property of said authority is declared and shall in all respects be considered to be public property and title to such property shall be held by the authority only for the benefit of the public, and the use of such property pursuant to the terms of this .-\.ct shall be and is declared to be for public and goyernmental purposes, that is, for the preser\'ation of Lake .-\.llatoona, and all the property, income, obligations, and interest on the obligations of the authority and the uansfer thereof shall be and are declared to be nontaxable for any and all purposes.
SECTION 5.
Definitions .
.-\.s used in this .-\.ct, the term:
(1) "Authority" means the Lake ..\.l.latoona Presen-ation Authority created bY this ..\.ct.
(2) "Cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all 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 of plans and specifications, and other expenses necessary or incident to the financing authorized in this ..\.ct, or 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 part of the cost of the project and may be paid or reimbursed as such out of the proceeds of reYenue bonds issued under the pro,isions of this Act for such project.
(3) "Project" means and includes the acquisition, consuuction, equipping, maintenance, and operation of facilities to be used for presen-ation of Lake Allatoona, including, without limitation, septic

-1818 LOCAL ..\..'m SPECIAL .--\CTS ..\..'\D RESOLCTIO:'\S, \'OL. II
systems, sewer systems. and sediment ponds. and the usual and c01wenient facilities appertaining to such undertakings and the extension and improYements of such facilities, acquiring the necessary property therefor, both real and personal, acquiring the necessary real propertY deYelopment rights, and the lease, sale, and licensing of any part or all of such facilities, including real and personal property, to anY persons, firms, or corporations whether public or priYate so as to assure the efficient and proper preserYation, maintenance, and operation of such facilities and areas, deemed by the authority to be necessary, conYenient, or desirable. The authority shall haYe the right to acquire and construct more than one project and any combination of facilities may be constructed as a separate project.
(4) 'ReYenue bonds," "bonds," and "obligations" means reYenue bonds as defined and proYided for in Article 3 of Chapter 82 of Title 36 of the O.C.G..--\., the "ReYenue Bond Law," as amended, and such type of obligations may be issued by the authority as authorized under said "Re,enue Bond Law" and, in addition, shall also mean obligations of the authority, the issuance of which are specifically JXOYided for in this .--\ct.
(5) .--\ny project shall be deemed "self-liquidating" if, in the judgment of the authority, the reYenues and earnings to be deri\ed by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the principal and interest of the reYenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
SECTION 6.
Powers.
The authority shall haYe po\\ers:
(1) To adopt and alter a corporate seal;
(2) To acquire by gift or by purchase on such terms and conditions and in such manner as it may deem proper or by exercise of the right of eminent domain in accordance with the proYisions of any and all existing laws applicable to the condemnation of property for public use, lands, easements, or rights in lands, or franchises necessary or conYenient for its corporate purposes and to use, rent, or lease the same or make contracts with respect to the use thereof, or to dispose of the same in any manner it deems to the best advantage of the authority and the purposes thereof. Title to such property, howe,er, shall be held by the authority only for the benefit of the public;
(3) To receiYe and administer gifts, grants, loans, appropriations, and donations of money or materials or property of any kind, including loans and grants from the Cnited States of America or any agency or

GEORGL-\ L-\WS 1999 SESSIO!'\

4819

instrumentality thereof upon such terms and conditions as the l'nited States of America or such agency or instrumentality thereof shall impose, and to administer trusts, and to sell, lease, transfer, conYey, appropriate, pledge, mortgage, or encumber all of its property and assets;
(4) To borrow money and issue notes or reYenue bonds payable from the earnings of the projects of the authority, execute trust agreements or indentures, and sell, conYey, mortgage, pledge, encumber, and assign any and all of its funds, assets, property, and income as security for such notes or re,enue bonds, and to proYide for the payment of the same and for the rights of the holders thereof, and proYide for foreclosure or forced sale of any property of the authority upon default either in payment of principal of or interest on such obligations or under any term of or condition pursuant to which such obligations were issued;
(5) To make contracts and leases and to execute all instruments necessary or cmn-enient, with any and all persons, firms, and corporations and any city, town, municipality, consolidated goYernment, county, or other political subdi,ision, or departments, institutions, or agencies of this state, including contracts for construction of any project and leasing of any project and contracts with respect to the use and management of any project, and any and all persons, firms, and corporations and any city, town, municipality, consolidated goYernment, county, or other political subdiYision, department, institution, or agency of this state is authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem adYisable;
(6) To construct, reconstruct, acquire, own, alter, repair, maintain, add to, extend, improYe, operate, and manage projects, which shall be and are declared to be public buildings to be used for lake preserYation purposes, and the purchase of lands, easements, rights 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 reYen ue bonds of the authority, and the title to such property to be held by the authority only for the benefit of the public;
(i) To issue reYenue bonds in such amounts and denominations during the life of the authority so as to finance in whole or in part the cost of the acquisition, construction, reconstruction, imprmement, addition to, or extension of such project as the authority in its judgment may deem just, proper, and necessary. All reYenue bonds issued pursuant to the proYisions of this .-\ct shall be fully negotiable instruments and shall ha,e all the qualities and incidents of negotiable instruments under the negotiable instruments law of Georgia;

4820 LOCAL A:",iD SPECIAL ACTS ,-\..'\D RESOLL'TIO!\:S, \'OL. II

(8) To issue reyenue bonds to call, refund, or refinance, in whole or in part, all outstanding reYenue bonds secured by the anticipated reYenue of such project and to include in the cost of the issuance of such bonds any call premium that may be required for the redemption and refunding of such outstanding bonds;

(9) To do any and all things necessary or proper for the accomplishment of the objectiYes of this Act and any amendments hereof and to exercise any power usually possessed by priYate corporations performing similar functions which is not in conflict with the Constitution and laws of this state; and

(10) To inYest any accumulation of its funds and any sinking funds or resen-es in any manner that public funds of the State of Georgia or any of its political subdiYisions may be inYested and to purchase its own bonds at a price of not more than the principal thereof and accrued interest. All bonds so purchased shall be canceled.

SECTION 7.

ReYenue bonds.

The authority, or any authority or body which has or which may in the

future succeed to the powers, duties and liabilities \'ested in the authority

created in this Act, shall ha,e the power and is authorized to proYide by

resolution for the issuance of negotiable reYenue bonds of the authority,

for the purpose of paying all or part of the cost as defined in this Act of any

one or more projects. The principal and interest of such reYenue bonds

shall be payable solely from the special fund proYided in this Act for such

payment. The bonds of each issue shall be dated, shall bear interest from

date at such rate or rates per annum payable at such time or times as shall

be determined by the authority, principal shall mature at such time or

times not exceeding 40 years from their date or dates, shall be payable in

such medium of payment as to both principal and interest as may be

determined by the authority and may be made redeemable before matu-

rity, at the option of the authority, at such price or prices and under such

terms

and

conditions

as

ma\, '

be

fixed

bY ,

the

authority ,

in

the

resolution

proYiding for the issuance of bonds,

SECTION 8.

ReYenue 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 within or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine. ProYision:. may

GEORGL-\ L-\WS 1999 SESSIO:'\

4821

be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.
SECTION 9.
ReYenue bonds; signatures; seal.
The bonds shall be signed by the chair of the authority manually or by use of the facsimile signature of the chair and the official seal of the authority shall be affixed thereto and attested bY. the secretan.-treasurer of the authority and any coupons attached thereto shall bear the facsimile signatures of the chair and secretary-treasurer of the authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duh authorized or hold the proper office, although at the date of such bonds such persons may not haYe been so authorized or shall not haYe held such office. 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 deliYery of such bonds, such signature shall ne,ertheless be Yalid and sufficient for all purposes, the same as if such officer had remained in office until such deliYerY.
SECTION 10.
ReYenue bonds; negotiability; exemption from taxation .
.-\II reYenue bonds issued under the proYisions of this .-\ct shall haYe and are declared to haYe all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds are declared to be issued for an essential public and goyernmental purpose and such bonds and the interest thereon shall be exempt from all taxation within the state.
SECTION 11.
ReYenue bonds; sale; proceeds.
The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authoritY and the pr~ceeds deriYed from the sale of such bonds shall be used solely for the purpose proYided in the proceedings authorizing the issuance of such bonds.
SECTION 12.
ReYenue bonds; interim receipts and certificates or temporary bonds.
Prior to the preparation of definitiYe bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, which interim receipts, certificates, or temporary bonds shall be exchanged, redeemed, paid or otherwise discharged upon the issuance of the definitiYe bonds.

4822 LOCAL A..'\D SPECIAL ACTS A.',iD RESOLCTIO:\'S, \'OL. II
SECTION 13.
ReYenue bonds; replacement of lost or mutilated bonds.
The authority may also proYide for the replacement of any bonds which shall become mutilated or be destroYed or lost.
SECTION 14.
ReYenue bonds; conditions precedent to issuance; object of issuance.
Such re\'enue bonds may be issued without any other proceedings, or the happening of any conditions or things other than those proceedings, conditions, and things ,rhich are specified or required by this .--\ct. In the discretion of the authority, reYenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution proYiding for the issuance of reYenue bonds under the proYisions of this .--\ct shall become effectiYe 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 15.
ReYenue bonds; credit not pledged.
ReYenue bonds issued under the prmisions of this Act shall not be deemed to constitute a debt of the State of Georgia, Cherokee County, Cobb County, or Bartow County nor a pledge of the faith and credit of said state or counties, but such bonds shall be payable solely from the funds proYided for in this Act, and the issuance of such reyenue bonds shall not directly, indirectly, or contingently obligate said state or counties to leYy or to pledge any form of taxation whateYer therefor, or to make any appropriation for the payment, and all such bonds shall continue recitals on their face coyering substantially the foregoing proYisions of this section.
SECTION 16.
ReYenue bonds; trust indenture as security.
In the discretion of the authority, any issue of such reYenue 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 haYing the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, tolls, reYenues, and earnings to be receiYed by the authority. :Either the resolution proYiding for the issuance of reYenue bonds or such trust indenture may contain such proYisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in ,iolation of law, including coYenants setting forth the duties of the authority in relation to the acquisition of property, and the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and

GEORGI.-\. L\\\'S 1999 SESSIO:\'

4823

application of all moneys, and may also prmide that any project shall be constructed and paid for under the supenision and approYal 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 gi,en by contractors and by any depositary of the proceeds of the bonds or reYenues or other moneys be satisfactory to such purchasers, and may also contain prmisions concerning the conditions, if any, upon which additional reYenue bonds may be issued pari passu with the reYenue bonds initialh issued pursuant to such resolution or trust indenture. It shall be la,\"ful for am bank or trust company incorporated under the laws of this state to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing proYisions of this section, such trust indenture or resolution may contain such other proYisions as the authority ma\' deem reasonable and proper for the security of the bondholders. .-\11 expenses incurred in carrying out such trust indenture or resolution may be treated as a part of the cost of maintenance, operation, and repair of the project affected b, such indenture.
SECTION 17.
ReYenue bonds; to whom proceeds shall be paid.
The authority shall, in the resolution proYiding for the issuance of reYenue bonds or in the trust indenture, proYide 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 .-\ct, subject to such regulations as this .-\ct and such resolution or trust indenture may prmide.
SECTION 18.
ReYenue bonds; sinking fund.
The reYenues, fees, tolls, and earnings deriYed from any particular project or projects, regardless of whether or not such fees, earnings, and re\'enues were produced by a particular project for which bonds haYe been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on reYenue bonds of the authoritY as the resolution authorizing the issuance of the bonds or in the trust indenture may prmide, and such funds so pledged, from whate\'er source receiYed, which said pledge may include funds receiYed from one or more or all sources, shall be set aside at regular intenals as may be prmided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of:

-1824 LOC.-\L .-\..'W SPECIAL .-\CTS .-\..'\'D RESOLLTIO'.I\S. \'OL. II
(1) The interest upon such re,enue bonds as such interest shall fall due;
(2) The principal of the bonds as the same shall fall due;
(3) The necessary charges of paying agents for paying principal and interest;
(4) .-\.ny premium upon bonds acquired by redemption. payment. or otherwise; and
(5) .-\ny imestment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be proYided in the resolution authorizing the issuance of the reYenue bonds or in the trust indenture, but, except as may othen\'ise be proYided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all reYenue bonds ,\'ithout distinction or priority of one mer another. Subject to the proYisions of the resolution authorizing the issuance of the bonds or in the trust indenture. surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not be reissued. printed. and delhered.
SECTION 19.
ReYenue bonds; remedies of bondholders.
.-\.ny holder of re,enue bonds issued under the prmisions of this .-\ct or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any. except to the extent the rights giYen in this .-\ct 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 .-\ct. or under such resolution or trust indenture. and may enforce and compel performance of all duties required by this .-\ct or by such resolution or trust indenture to be performed by the authority. or any otficer thereof. including the fixing, charging, and collecting of reYenues. fees, tolls. and other charges for the use of the facilities and sen-ices furnished.
SECTION 20.
Re,enue bonds; refunding bonds.
The authority is authorized to proYide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any re,enue bonds issued under the proYisions of this .-\ct 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

GEORGI.-\ L-\WS 1999 SESSIO!\

4825

same, shall be goyerned by the foregoing proYisions of this .-\ct insofar as the same may be applicable.
SECTION 21.
ReYenue bonds; Yenue and jurisdiction.
.-\ny action to protect or enforce any rights under the proYisions of this .-\ct or any suit or action against the authority shall be brought in the Superior Court of Cherokee County, Georgia, and any action pertairiing to Yalidation of any bonds issued under the proYisions of this .-\ct shall likewise be brought in said court which shall haYe exclusiYe, original jurisdiction of such actions.
SECTION 22.
ReYenue bonds; Yalidation.
Bonds of the authorit\' shall be confirmed and Yalidated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O .C.G.A, the '"ReYenue Bond Law," as now or hereafter amended. The petition for Yalidation shall also make party defendant to such action any municipality, county, authority, subdiYision, or instrumentality of the State of Georgia which has contracted with the authoritY for sen-ices and facilities of the project for which bonds are to be issued and sought to be rnlidated, and such municipality, county, authority, subdiYision, 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 YaliditY of the terms thereof be determined and the contract or contracts a'djudicated as security for the payment of any such bonds of the authority. The bonds, when \'alidated, and the judgment of rnlidation shall be final and conclusiYe with respect to such bonds, against the authority issuing the same, and any municipality, county, authority, subdiYision, or instrumentality contracting with the authority.
SECTION 23.
Re,enue bonds; interest of bondholders protected.
\i\11ile any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adYersely 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 ad\'ersely the rights and interests of the holders of such bonds, nor will the state itself so compete with the authority. The proYisions of this .-\ct shall be for the benefit of the authority and the holders of any such bonds and upon the issuance of bonds under the proYisions of this .-\ct, shall constitute a contract with the holders of such bonds.

--1826 LOC.-\L .-\.,D SPECI.-\L .-\CTS .-\.,D RESOLLTIO~S. \'OL. II
SECTION 24.
\loneYs recehed considered trust funds.
.-\ll moneys receiYed pursuant to the authority of this ..\ct. whether as proceeds from the sale of revenue bonds, interim receipts and certificates or temporary bonds, as grants or other contributions. or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as prO\ided in this .-\ct and in accordance with the proceedings amhorizing the issuance of such bonds.
SECTION 25.
\loneys received; exemption from taxation; co,enant of state.
It is found, determined, and declared that the creation of the authoritv and the carrying out of its corporate purpose is in all respects for the ben~fit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential gO\ernmental function in the exercise of the power conferred upon it by this .-\ct, and this state covenants with the holders of the bonds issued bv the authoritv that the authority shall not be required to pay any taxes or ~ssessments upon any of the property acquired or leased by it or under its jurisdiction, control. possession, or supenision or upon its acthities in the operation or maintenance of the projects erected by it or any fees, tolls, or other charges for the use of such projects or other income recei,ed by the authority, and that the bonds of the authority, their transfer. and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation provided in this section shall not extend to tenants nor lessees of the authority and shall not include exemptions from sales and use taxes on property purchased by the authority or for use by the authoritv.
SECTION 26.
Rates, charges, and revenues; use.
The authority is authorized to prescribe and fix and collect rates. fees, tolls, and charges and to re,ise from time to time and collect such rates, fees, tolls, and charges for the sen-ices, facilities, or commodities furnished, including leases, concessions, or subleases of its land or facilities, or contracts for the use of its land and facilities, and to determine the price and terms at and under which its lands or facilities mav be sold, and, in anticipation of the collection of the revenues and income of such undertakings or projects, is authorized to issue re,enue bonds as pro,ided in this .-\ct to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment, or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues and income of such undertakings or projects, including the revenues of

GEORGI.-\ L-\WS 1999 SESSIO~

-!82i

imprmements. betterments. or extensions thereto. thereafter made or the sale of am of its land and facilities.
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 prmisions of this .-\ct.
SECTION 28.
Tort immtmitY.
The authority shall haYe the same immunity and exemption from liability for torts and negligence as any county of this state; and the officers. agents, and employees of the authority when in the performance of the work of the authority shall ha,e the same immunity and exemption from liability for torts and negligence as the officers. agents, and employees of any county of this state when in the performance of their public duties or work.
SECTION 29.
Statuton construction.
This .-\ct. being for the welfare of the state and its inhabitants, shall be liberally construed to effect the pmposes of this .-\ct.
SECTION 30.
Supplemental powers.
The prons1ons of this .-\ct 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.
SECTION 31.
EffectiYe date.
This .-\ct shall become effecthe upon its apprmal by the Gmernor or upon its becoming law without such approYal.
SECTION 32.
Repealer.
.-\II laws and parts of laws in conflict with this .-\ct are repealed.
~OTICE OF I~TE~TIO~ TO I~TRODL'CE LOC.-\L LEGISL-\TIO~
~otice is ghen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to create the Lake .-\llatoona

4828 LOCAL .-\..'-iD SPECIAL ACTS .-\.."\'D RESOLCTIO!\'S, \'OL. II
Preserrntion Authority; to proYide for legislatiYe findings and purpose; to confer powers and impose duties on the authority; to proYide for the membership and the nomination and appointment of members of the authority and their terms of office, qualifications, duties, powers. and compensation; to proYide for Yacancies, organization, meetings, and expenses; to proYide for authority property; to proYide for definitions; to proYide for reYenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to proYide for interim documents and for lost or mutilated documents; to prO\ide for condition of issuance; to prohibit the pledge of credit for the payment of bonds; to prO\ide for trust indentures and sinking fund; to proYide for payment of bond proceeds; to pro\'ide for bondholder remedies and protection; to proYide for refunding bonds; to proYide for bond Yalidation; to proYitle for Yenue and jurisdiction; to proYide for trust funds; to proYide for authority purpose; to proYed for charges; to proYide for rules and regulations; to proYide for tort immunity; to proYide for coYenants and tax exemptions; to proYicle for supplemental powers; to proYide for effect on other goYernments; to proYide for liberal construction; to prO\ide for an effectiYe date; and for other purposes.
This 1 day of February, 1999
(s) RepresentatiYe SteYe Stancil 16 District
(s) Jeff Lewis 14 District
GEORGIA, FCLTO:\' COC!\'TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, SteYe Stancil, who on oath deposes and says that he is the RepresentatiYe from the 16th District and further deposes and says as follows:
( 1) That the attached :\'otice of Intention to Introduce Local Legislation was published in the Daily Tribune :\'ews which is the official organ of Bartow County on the following date: February 2. 1999.
(2) That the laws requiring notice of local legislation were further complied \\"ith in the manner checked belO\,:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the goYerning authority of any county, municipality, or consolidated goYernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-H.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other

GEORGL-\ L-\\\'S 1999 SESSIO:\'

-1829

written notification of the goYerning authority of the affected county, municipality. or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated gmernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-1. l.
s/ STEVE ST.-\.'\'CIL RepresentatiYe, 16th District
Sworn to and subscribed before me, this 3rd day of February, 1999.
s/ TERESA .-\DKl:\'S :\'otary Public, Clayton County, Georgia '.\ly Commission Expires Jan. 5, 2001 (SE.-\L)
:\'OTICE OF I:\'TE:\'TIO:\' TO l:\'TRODL'CE LOCAL LEGISL-\TIO:\'
:\'otice is ghen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to create the Lake .-\llatoona Presenation Authority; to proYide for legislatiYe findings and purpose; to confer powers and impose duties on the authority; to prmide for the membership and the nomination and appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to prmide for Yacancies, organization, meetings, and expenses; to proYide for authority property; to pro,ide for definitions; to prmide for re,enue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to pro,ide for interim documents and for lost or mutilated documents; to proYide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to prmide for trust indentures and sinking fund; to proYide for payment of bond proceeds; to proYide for bondholder remedies and protection; to proYide for refunding bonds; to proYide for bond Yalidation; to pro,ide for Yenue and jurisdiction; to proYide for trust funds; to pro,ide for authority purpose; to proYide for charges; to pnwide for rules and regulations; to prmide for tort immunity; to pro,ide for coYenants and tax exemptions; to prmide for supplemental powers; to pnwide for effect on other goYern-

4830 LOCAL .-\..'\'D SPECIAL ACTS .-\..'\'D RESOLCTIO:\'S, \'OL. II
men ts; to proYide for liberal construction: to proYide for an effecti\e date; and for other purposes.
Representati\e SteYe Stancil I 6th District
GEORGIA., FCLTO:\' COC:\'TI'
Personalh- appeared before me, the undersigned authority, duly authorized to administer oaths, Ste\e Stancil, \\"ho on oath deposes and says that he is the RepresentatiYe from the 16th District and further deposes and says as follows:
(1) That the attached :\'otice of Intention to Introduce Local Legislation was published in the Cherokee Tribune \rhich is the official organ of Cherokee County on the following date: January 20, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or other\\ise proYided to the goYerning authority of any county, municipality, or consolidated goYernment \,hose charter or enabling .-\.ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipalitY, or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1-14 does not apph because the bill does not amend the charter of a municipality or the enabling .-\.ct of a county or consolidated goYernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apph because the bill is an annexation bill and a copy of the bill was pro\ided to the county goYerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ STE\' ST.-\..'\'CIL Representati\e, 16th District
Sworn to and subscribed before me, this 5th day of February, 1999.
s/ TERESA .-\.DKl:\'S :\"otary Public, Clayton County, Georgia ~ly Commission Expires Jan. 5, 2001 (SEAL)

GEORGL\ L-\WS 1999 SESSIO:\'

4831

:\'OTICE OF l:\TE:\TIO:\' TO l:\'TRODLTCE LOCAL LEGISLATIO:\'
:\'otice is giYen that there ,rill be introduced at the regular 1999 session of the General Assembly of Georgia a bill to create the Lake .-\llatoona PreserYation .--\uthority; to proYide for legislatiYe findings and purpose; to confer powers and impose duties on the authority; to proYide for the membership and the nomination and appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to proYide for ,acancies, organization, meetings, and expenses; to proYide for authority property; to proYide for definitions; to JXOYide for re,enue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to pro,ide for interim documents and for lost or mutilated documents; to proYide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to prmide for trust indentures and sinking fund; to proYide for payment of bond proceeds; to prmide for bondholder remedies and protection; to proYide for refunding bonds; to proYide for bond Yalidation; to proYide for Yenue and jurisdiction; to prmide for trust funds; to 1x0Yide for authority purpose; to proYide for charges; to prmide for rules and regulations; to proYide for tort immunity; to proYide for coYenants and tax exemptions; to JXOYide for supplemental powers; to proYide for effect on other goYernments; to proYide for liberal construction; to proYide for an effectiYe date; and for other purposes.
This 13 day of January. 1999.
RepresentatiYe SteYe Stancil 16th District
GEORGI.--\, FL"LTO:\' COL"'.\'TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, SteYe Stancil, who on oath deposes and says that he is the Representati,e from the 16th District and further deposes and says as follows:
(l) That the attached :\'otice of Intention to Introduce Local Legislation ,ms published in the '.\farietta Daily Journal which is the official organ of Cobb County on the following date: January 13, 1999.
(2) That the la\\s requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted bY facsimile, or otherwise pnwided to the goYerning authority of any county, municipality, or consolidated goYernment " hose charter or enabling .--\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other

4832 LOCAL .-\..'\D SPECIAL ACTS .-\..'\D RESOLCTIO:'\S, \'OL. II
written notification of the goYerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other \\Titten notification is attached hereto.
L The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated goYernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-1.1.
s/ STE\'E ST.-\..'\CIL RepresentatiYe, 16th District
Sworn to and subscribed before me, this 5th day of February, 1999.
s/ TERESA .\DKI~S '.\'otary Public, Clayton County, Georgia :Vly Commission Expires Jan. 5, 2001 (SEAL)
ApproYed April 22, 1999.
:vuco;-..; WATER ACTHORITY - PCRPOSES; POWERS; I~DCSTRIAL
DE\'ELOP:VIE'.\'T; CO!':TRACTS.
'.\'o. 296 (House Bill '.\'o. 680) .
.-\.., ACT
To amend an Act knmrn as the "'.\facon Water Authority Act," apprmed '.\larch 23, 1992 (Ga. L. 1992, p. 4991), as amended, particularly by an Act approYed \-larch 25, 1996 (Ga. L. 1996, p. 3619), so as to proYide for additional purposes, powers, and definitions; to prmide for matters ha,ing to do with industrial deYelopment; to authorize said authority to contract with Bibb Count\' and the :Vlacon-Bibb Count\' Industrial Authorin with respect to the acquisition, construction, or deYelopment of industrial sites or facilities; to proYide for the limited use of funds of said authority recei\ed from water and sewer re\'enues for specified purposes and powers; to proYide for a reYoh-ing fund; to prmide for the pledge of funds to pay certain reYenue bonds; to proYide for options on property; to proYide that water and sewer reYenues of said authority will not be used for any purpose which would impair the payment of any obligations on reYenue bonds issued by or on behalf of the authority; to proYide for an effecti,e date; to re peal conflicting laws; and for other purposes.

GEORGIA L-\WS 1999 SESSIO'.\

4833

BE IT '.\ACTED BY THE GE'.\ER-\L .-\.SSE\-IBLY OF GEORGIA:
SECTION 1.
.-\.n .-\ct knmrn as the "'.\[aeon Water Authority Act, .. approYed \-larch 23, 1992 (Ga. L. 1992, p. 4991), as amended, particularly by an Act apprmed \larch 25, 1996 (Ga. L. 1996, p. 3619), is amended by adding at the end of Section 3 thereof a ne" sentence to read as follo\\s:
"The authority shall also haYe the purpose of assisting the City of Ylacon, Bibb County, and the '.\lacon-Bibb County Industrial Authority with respect to industrial deYelopment as set forth in paragraph (19.1) of Section 5 of this .-\ct...
SECTION 2.
Said .-\ct is further amended by adding at the end of paragraph (3) of Section 4 thereof a ne\\ sentence to read as follows:
'"Project' shall also include all things used or useful in connection " ith the performance of any of the contracts with respect to industrial deYelopment as authorized in paragraph (19.1) of Section S of this .-\ct. ..
SECTION 3.
Said .-\ct is further amended by striking "and.. at the end of paragraph (19) of Section S thereof and adding immediately thereafter the following:
.. (19.1) (A) To enter into a contract or contracts with Bibb County, the '.\[aeon-Bibb County Industrial Authority, or both, with respect to acquiring and deYeloping industrial sites and facilities, including, "ithout limitation, the construction or renoYation of buildings and facilities for lease or sale to industrial or other companies proYiding employment within Bibb County. The pm\'er granted by this paragraph (19.1) shall not extend to any actiYities used or useful in connection with the collection, treatment, reuse, or disposal of municipal solid \\'aste as defined in paragraph (18) of Code Section 12-8-22. The authoritY may utilize its reYenues from its water and sewer operations for the performance of such contracts; prodded, howeYer, such contracts shall not require nor permit the expenditure of authoritY funds in excess of S704,000.00 per annum nor an aggregate of more than SI 7,600,000.00 oYer the life of the contract;
(B) To create a reYohing fund for the funding of the contracts authorized in subparagraph (.-\) or in anticipation of such contracts. Any funds paid into such fund by the authority shall be subject to the limitation proYided in subparagraph (A) of this paragraph and funds deposited therein shall be utilized solely for the purposes authorized by said subparagraph (A). Any funds receiYed by the authoritY from any contract authorized in said subparagraph (A) not required to be utilized in the performance of such contract or

4834 LOCAL .-\.."\iD SPECIAL ACTS .-\..'\D RESOLCTIO:'\S, \'OL. II
contracts shall be deposited into such re,o!Ying fund so as to maintain the aYailability of funds for additional or new contracts of the same type or nature. Funds recoYered from any such project and deposited into the reYohing fund shall not be counted for the limitation purposes proYided in said subparagraph (..\);
(C) ;\;o contract authorized by this paragraph (19.1) shall extend for a period longer than 50 years;
(D) :"\o contract will be entered into pursuant to the authoritY of this paragraph (19.1) which would impair the payment of any obligations on reYenue bonds issued by or on behalf of the authority;
(E) To pledge the payment of any funds authorized by this paragraph (19.1) to be used for any of the purposes set forth in this paragraph (19.1) to the repayment of any reYenue bonds issued by the authority, the City of \1acon, Bibb County, or the DeYelopment Authority of Bibb County for the purpose of raising funds to carry out the proYisions of any contract or contracts entered into under the authority of this paragraph (19.1); and
(F) To use reasonable amounts of the funds authorized in subparagraph (A) of this paragraph to obtain options on property or properties sought to be acquired for the purposes set out in that subparagraph; and".
SECTION 4.
This Act shall become effectiYe upon its approYal by the GoYernor or upon its becoming law without such approyaJ.
SECTION 5.
All laws and parts of laws in conflict with this ..\ct are repealed.
GEORGI..\, BIBB COC'.\:TY
:--.;oTICE OF 1:--.;TE:--.;TIO'.\: TO l:"\TRODCCE LOCAL LEGISL\TIO:"\
Pursuant to the prmisions of Section 28-1-14 of the Official Code of Georgia Annotated, notice is hereby gi,en that application will be made to the 1999 Session of the General Assembly of Georgia to amend an ...\ct of the General Assembly entitled "\facon \-\'ater Authority ..\cf', apprmed '.\!larch 23, 1992 (Ga. L. 1992, page 4991, et seq.), as amended by an ..\ct apprmed '.\!larch 25, 1996 (Ga. L. 1996, page 3619, et seq.) so as to amend Section 3 of said ...\ct to proYide that the purpose of the Authority shall include assistance to the Cit\ of \facon, Bibb Count\", and the \facon-Bibb County Industrial ...\uthori~- with respect to soli~l waste landfills and industrial deYelopment; to amend Section 4(3) of said ...\ct to redefine the term "project"; to amend Section 5 of said ...\ct to renumber subsection 20

GEORGI.-\ L\\\'S 1999 SESSIO:'\

-1835

of said .\ct as subsection 21 and to add a new subsection 20 to authorize (i) the expenditure of water and sewer re,enues in support of contracts between and among the .-\.uthority, the CitY of \I aeon, and the \Iacon-Bibb County Industrial .-\.uthority with respect to closing the city's present solid waster landfill and the acquisition and dnelopment of industrial sites and facilities, and (ii) the expenditure of water and sewer reYenues in support of contracts with Bibb CountY and any other political subdiYision of the State to open, maintain and operate a solid waste landfill; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.
This -!th day ofJanuary. 1999.
s/ \\'. \\'arren Plowden, Jr. .-\.ttorne,. fix the \]aeon \\'ater .-\.uthoritY.
GEORGL-\., FCLTO:'\ COC:'\TY
Personally appeared before me, the undersigned authoritY. duly authorized to administer oaths. Robert.-\.. B. Reichert, who on oath deposes and says that he is the RepresentatiYe from the 126th District and further deposes and says as follows:
( l) That the attached :'\otice of Intention to Introduce Local Legislation was published in the \Iacon Telegraph which is tl:e official organ of Bibb County on the following date: January 16, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .-\. copy of the notice of intention was mailed, transmitted by facsimile, or otherwise pnwided to the gmerning authority of any county. municipalitY, or consolidated gmernment whose charter or enabling .\ct is amended, as required by subsection (b) of Code Section 28-1-1-1.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill was requested by resolution or other written notification of the goyerning aurhoritY of the affected county. municipality, or consolidated gmernment and a copy of such resolution or other written notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill does not amend the charter of a municipalitY or the enabling .-\.ct ofa countY or consolidated gmernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill is an annexation bill and a copy of the bill was prm ided to the county goYerning authoritY within which the area proposed to be annexed is located at the rime the notice was published,

-1-836 LOC..\L .-\:--:D SPECI.-\L .-\CTS .-\.'.:0 RESOLCTio:--:s. \'OL. II
as required by Code Section 28-1-1-1-.1.
s/ ROBERT.--\. B. REICHERT RepresentatiYe, I 26th District
S,rorn to and subscribed before me. this 15th day of February. 1999.
s/ TERES.-\ .-\DK.I:'\S :--:otary Public, Clanon CountY. Georgia :\fy Commission Expires Jan. 5, 2001 (SE..\L)
.-\pproYed .-\pril 23. I999.
CITY OF .-\LPH.-\RETT..\ - HO:\IESTE.-\D EXE:\IPTIO:--:; CITY T.-\XES; REFERE:--:D L' :\1.
:'\o. 297 (House Bill :'\o. 832).
To proYide for an additional SI0.000.00 homestead exemption from certain City of Alpharetta ad Yalorem taxes for municipal purposes; to proYide for definitions; to specifr the terms and conditions of the exemption and the procedures relating thereto; to proYide for applicability; to proYide for a referendum. effectiYe dates. and automatic repeal; to repeal conflicting hnrs; and for other purposes.
BE IT E:'\.-\CTED BY THE GE:--:ER..\L .-\SSE:\IBLY OF GEORGL-\:
SECTION 1.
(a) .-\s used in this .-\ct. the term:
( 1) _\cl Yalorem taxes for municipal purposes" means all municipal ad ,alorem taxes for municipal purposes, leYied by. for. or on behalf of the CitY of Alpharetta. except for taxes to pay interest on and to retire municipal bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section -1-8-5--1-0 of the O.C.G..-\.
(b) Each resident of the City of .-\lpharetta is granted a Sl0.000.00 exemption on that person "s homestead from all City of Alpharetta ad ,alorem taxes for municipal purposes. The ,alue of the homestead in excess of any exemption granted therefor shall remain subject to ad Yalorem taxation.
(c) .-\ person shall not receiYe the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an

GEORGI.-\ L-\WS 1999 SESSIO:'\
application with the gm-erning authority of the City of .-\lpharetta, or the designee thereof, gi,ing such information relatiYe to receiYing such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption.
(d) The goyerning authoritY of the City of Alpharetta, or the designee thereof, shall prmide application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
(e) The exemption shall be claimed and returned as proYided in Code Section -18-5-50.1 of the O.C.G..-\. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as pro,ided in subsection (c) of this section, it shall not be necessary to make application and file such affida,it thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the gmerning authority of the City of Alpharetta, or the designee thereof, in the eYent that person for any reason becomes ineligible for that exemption.
(f) The exemption granted by this .-\ct shall not apply to or affect state ad Yalorem taxes, county ad ,alorem taxes for county purposes, or school district ad ,alorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad Yalorem taxes.
(g) The exemption granted by subsection (b) of this section shall apph to all taxable Years beginning on or after January 1, 2000.
SECTION 2.
C nless prohibited by the federal \'oting Rights .-\ct of 1965, as amended, the municipal election superintendent of the City of .-\.lpharetta shall call and conduct an election as proYided in this section for the purpose of submitting this .-\ct to the electors of the City of .-\lpharetta for apprornl or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first ~londay in :'\oYember, 1999. and shall issue the call and conduct that election as prmided by general law. The municipal 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 haYe written or printed thereon the words:

-1838 LOC.--\L .--\'.\D SPECI.--\L .--\CTS .-\...'\D RESOLCTIO:'\S, \'OL. II

.. ( YES
(

Shall the .--\ct be approYed " hich proYides a Sl0,000.00 homestead exemption from certain City of .--\lpharetta ad ,alorem taxes for municipal purposes?"

.--\JI persons desiring to Yote for approYal of the .--\ct shall ,ote "\es," and those persons desiring to Yote for rejection of the .--\ct shall Yote "'.\o." If more than one-half of the YOtes cast on such question are for approYal of the ..\ct, Section 1 of this ..\ct shall become of full force and effect on January 1, 2000. If the ..\ct is not so approYed or if the election is not conducted as prmided in this section. Section 1 of this .--\ct shall not become effecti,e and this .--\ct shall be automatically repealed on the first day ofJanuary immediately following that election date.

The expense of such election shall be borne by the City of .--\lpharetta. It shall be the municipal election superintendent's duty to certi~ the result thereof to the Secretan of State.

SECTION 3.

Except as othendse proYided in Section 2 of this .--\ct, this Act shall become effectiYe upon its approYal by the Gmernor or upon its becoming la\\ without such approYal.

SECTION 4.

.--\II laws and parts of laws in conflict " ith this .--\ct are repealed.

'.\OTICE OF l'.\TE'.\TIO'.\ TO l'.\TRODCCE LOC.--\L LEGISL.\TIO'.\

'.\otice is giYen that there will be introduced at the regular 1999 session of the General .--\ssembly of Georgia a bill to proYide for an additional SI 0,000.00 homestead exemption from certain CitY of .--\lpharetta ad Yalorem taxed for municipal purposed: and for other purposes.

This 18th day of February. 1999.

GEORGIA. FCLTO'.\ COC'.\TY

Personally appeared before me, the undersigned authority. duh authorized to administer oaths. '.\lark Burkhalter, who on oath deposes and says that he is the Representati,e from the -11 st District and further deposes and says as follml"s:

( 1) That the attached '.\otice of Intention to Introduce Local Legislation \\"as published in the Fulton Count\ Daily Report which is the official organ of Fulton Count\ on the following date: February 23, 1999.

(2) That the laws requiring notice of local legislation were further complied with in the manner checked belml":

_ ..\ copy of the notice of intention was mailed, transmitted bY facsimile, or othernise prodded to the gmerning authoritY of any county. munic-

GEORGI.-\. L\WS 1999 SESSIO~

4839

ipality, or consolidated gmernment whose charter or enabling ..-\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other \\Titten notification of the goyerning authority of the affected county, municipality, or consolidated goyernment and a copy of such resolution or other written notification is attached hereto.
.L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\.ct of a county or consolidated goyernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was prmided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ J. \'L-\RK BCRKH.\LTER
Representathe, 41 st District
Sworn to and subscribed before me, this 1st day of \1arch, 1999.
s/ SCS..\., GORDO~ ~otary Public, Rockdale County, Georgia \ly Commission Expires ~oY. 18, 2001 (SE.\L)
..-\pproYed April 23, 1999.

SP.\LDI~G coL~n - BOARD OF CO\1\HSSIO~ERS;
CO\1PE:\S..-\TIO~.
:\o. 298 (House Bill ~o. 900) .
..\., .-\.CT
To amend an .-\.ct creating a board of commissioners of Spalding County, apprmed February 5, 1873 (Ga. L. 1873. p. 289), as amended, so as to change the compensation of the chairperson and other members of the board of commissioners: to proYide an effectiYe date: to repeal conflicting laws; and for other purposes.
BE IT E~..-\CTED BYTHE GE~ER\L .-\.SSE\IBLYOF GEORGL\:
SECTION 1.
..-\n .-\.ct creating a board of commissioners of Spalding County. apprmed February 5. 1873 (Ga. L. 1873. p. 289). as amended, is amended by striking

-!8-to LOC.-\L .-\:'\D SPECI.-\L ...\CTS .-\:'\D RESOLCTIO:'\S. \'OL. II
in its entiren subsection (a) of Section II and inserting in lieu thereof a new subsection (a) to read as follows:
.. (a) EffectiYe July l. 1999. the chairperson of the board of commissioners shall be paid an annual salary of Sl:Ul00.00 for his or her senices and each of the other commissioners of said board shall be paid an annual salan ofS12.000.00 for his or her sen-ices. Said salaries shall be paid in equal monthly installments or other periodic installments from the funds of Spalding County.
SECTION 2.
This .-\ct shall become eflecthe on July l. 1999.
SECTION 3.
...\ll laws and parts of laws in conflict with this .-\ct are repealed.
February 19. 1999
Representati,e John Yates Geoq~ia House of Representati,es 961 Birdie Road Griffin. Georgia 3022-!
Re: Local legislation to increase compensation for Spalding County Commissioners
Dear John:
...\s you haYe probably read in the paper, or heard through the grape,ine. the Spalding County Commissioners Yoted on Tuesday. February 16th. to introduce local legislation seeking an increase in their compensation. I haw gotten with the County Clerk. Phyllis Doane, and we are running our notice of intent to introduce local legislation during the week of February 22 through 26. Since most legal ads nm on the Friday I am assuming it will nm on the 26th of February.
The Commissioners haYe asked that I contact you and ask you to h,l\'e legislati,e counsel prepare a pay bill which will increase the compensation of the Chairman to S13,000.00 per year and the other four commissioners to S12.000.00 per year effectiYe July l. 1999.
Please let me know what ~cm need me to do and I will be glad to comply immediately.
I am sure you h,l\'e alreach heard plenty about the Griffin \'o-Tech Funding so I won't bend your ear on that one.

GEORGL\ L\WS 1999 SESSIO::--.:

4841

With kindest regards, I am
Sincereh s/ James R. Fortune James R. Fortune. Jr.
JRF:cre
::--.:OTICE OF I::--.:TE::--.:TIO::--.: TO I::--.:TRODCCE LOC.\L LEGISL\TIO::--.:
::--.:otice is hereby giYen that there " ill be introduced at the regular 1999 session of the General Assembly of Georgia a Bill to change the compensation of the Board of County Commissioners of Spalding County so that the Chairman shall receiYe Sl ~.000 per annum and all other Commissioners shall receiYe S12,000 per annum to repeal conflicting laws and for other purposes.
This the 19th day of February. I999
\lichael \I. Rullin, as Clerk of Board of Commissioners of Spalding County, Georgia
GEORGL\, FCLTO::--.: coL::--.:TY
Personally appeared before me. the undersigned authority, duly authorized to administer oaths.John P. Yates. who on oath deposes and says that he is the RepresentatiYe from the 106th District and further deposes and saYs as follows:
(1) That the attached ::--.:otice of Intention to Introduce Local Legislation was published in the Griffin Daily ::--.:ews which is the official organ of Spalding County on the follo"ing date: February 26. 1999.
(2) That the laws requiring notice of local legislation \\'ere further complied with in the manner checked below:
_ .\ copy of the notice of intention was mailed. transmitted b~ facsimile. or otherwise proYided to the g<werning authority of any county, municipality, or consolidated goYernment whose charter or enabling .\ct is amended. as required bY subsection (b) of Code Section 28-1-14.
..L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authoritY of the affected county. municipality. or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipalitY or the enabling .\ct ofa county or consolidated goYernment or the bill affects a local school sYstem.

-!8-!2 LOCAL .-\:'\D SPECI.-\L ACTS ..\..'.:0 RESOLL'TIO:'\S, \'OL. II
_ The notice requirement of subsection (b) of Code Section 28-1-1-! does not apply because the bill is an annexation bill and a copy of the bill ,ras prmided to the county goyerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-!. l.
s/ JOH:'\ P. \'.-\TES Representathe, 106th District
S\\orn to and subscribed before me, this 2nd day of \larch, 1999.
s/ TERES.-\ .-\DKI:--.:S :--.:otan Public. Clayton County, Georgia \ly Commission Expires Jan. 5, 2001 (SEAL)
.-\pprO\"ed April 23, 1999.
CITY OF LITHI.-\ SPRI:--.:Gs - :--.:Ew CH.-\RTER; co:--.:TI:--.:GE:--.:T REPEAL.
:'\0. 299 (House Bill :--.:o. 9i0).
To proYide a new charter for the CitY of Lithia Springs; to prmide for incorporation, boundaries, and powers of the city; to proYide for a goYerning authority of such city and the powers, duties, authority, election. terms. method of filling Yacancies, compensation. qualifications. prohibitions. and remmal from office relatiYe to members of such gmerning authorit:,-; to proYide for inquiries and imestigations; to pro,ide for organization and procedures; to prmide for ordinances and codes; to proYide for the office of mayor and certain duties and powers relathe to the office of mayor; to prmide for administrati,e responsibilities; to proYide for boards. commissions. and authorities; to proYide for a city attorney, a citY clerk, a city treasurer. and other personnel; to proYide for rules and regulations; to proYide for a municipal court and the judge or judges thereof; to proYide for practices and procedures; to prmide for taxation and fees; to proYide for franchises. sen-ice charges. and assessments; to proYide for bonded and other indebtedness; to prmide for accounting and budgeting; to proYide for purchases; to proYide for the sale of property; to pro\"ide for bonds for officials; to proYide for eminent domain; to prmide for penalties; to pnwide for definitions and construction; to attach as appendices certifications of compliance with Code Section 36-30-i. l; to proYide for other matters relathe to the foregoing; to proYide for an effecthe date; to pnwide for automatic repeal of this .-\ct in certain circumstances; to repeal a specific .-\ct; to repeal conflicting laws; and for other purposes.

GEORGL-\. L-\.\\'S 1999 SESSIO:\'

-18-13

BE IT E:\'.-\CTED BY THE GE:\'ER.\L .-\SSE\IBLY OF GEORGI.-\:
ARTICLE I
l:\'CORPOR-\TIO:\' .--\.:\'D PO\\'ERS
SECTION 1.10.
Incorporation.
The City of Lithia Springs in Douglas County is incorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "City of Lithia Springs... References in this charter to "the city" or '"this city" refer to the City of Lithia Springs.
SECTION 1.11.
Corporate boundaries.
The boundaries of this city shall be those existing on December I. 1998, with such alterations as maY. be made from time to time b,. local law or in the manner pro,ided 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 \lap or Description of the Corporate Limits of the City of Lithia Springs, Georgia... Photographic. typed, or other copies of such map or description certified by the mayor shall be admitted as eYidence in all courts and shall haYe the same force and effect as the original map or description.
SECTION 1.12.
\hmicipal powers.
(a) This city shall haYe all powers possible for a city to haYe under the present or future Constitution and laws of this state as fully and completehas though they were specifically enumerated in this charter. This city shall haYe all the powers of self-gmernment not otherwise prohibited by this charter or by general law.
(b) The powers of this city shall be construed liberally in farnr of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to preYent 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 proYide for the impoundment of same if in Yiolation of any ordinance or la\\ful order;

-1-8H LOCAL ..\.."\'D SPECL\L ACTS ..\.."\'D RESOLCTIO:\'S, \'OL. II
to prO\ide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as proYided by ordinance; and to proYide punishment for Yiolation of ordinances enacted under this paragraph;
(3) Appropriations and expenditures. To make appropriations for the support of the goYernment 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 proYide for the pannent of expenses of this city;
(-1-) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as othendse prohibited by general la,r;
(5) Business regulation and taxation. To le,y and to proYide for the collection of occupation taxes and regulation fees on prhileges, occupations, trades, and professions in accordance with general la,r;
(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 goYerning authority, utilizing procedures enumerated in Title 22 of the O.C.G..-\.. or such other laws as are or may hereafter be enacted;
(7) Contracts. To enter into contracts and agreements with other goyernments and entities and with priYate 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 pro\'isions 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 preYention and detection and to fire fighting; and to prescribe penalties and punishment for Yiolations thereof;
(10) Garbage fees. To le,y, fix, assess, and collect a garbage, refuse, recycling, and trash collection and disposal and other sanitary senice charge, tax, or fee for such sen-ices as may be necessary in the operation of the city from all indiYiduals, firms, and corporations residing in or doing business within the city and benefiting from such sen-ices; to enforce the payment of such charges, taxes, or fees; and to pro,ide for the manner and method of collecting such sen-ice charges;

GEORGI.\ L\WS 1999 SESSIO~
(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 proYide 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 pm\"ers 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 proYide for the enforcement of such standards;
(1-1) Jail sentences. To prmide that persons giYen 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 citY; to prmide for the commitment of such persons to any jail; or to pnwide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;
( 15) '.\lotor ,ehicles. To regulate the operation of motor Yehicles and exercise control mer all traffic. including parking, upon or across the streets, roads, alleys, and walkways of the city;
(16) ~lunicipal 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) '.\fonicipal debts. To appropriate and borrow mone, for the payment of debts of the city and to issue bonds for the purpose of raising reYenue to carry out any project, program, or ,enture authorized by this charter or the laws of the State of Georgia;
(18) '.\lunicipal 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) '.\lunicipal property protection. To proYide for the preserYation 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 ,iolations thereof;
(20) '.\lunicipal 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

-18-16 LOCAL .-\."D SPECIAL .-\CTS .-\.'\D RESOLCTIO:\'S, \'OL. II
public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to proYide for the withdrawal of senice 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 proYide utility sen-ices to persons, firms, and corporations inside and outside the corporate limits of the city as prO\ided by ordinance;
(21) :"\uisances. To define a nuisance and pro,ide for its abatement whether on public or pri\ate property;
(22) Penalties. To proYide penalties for Yiolation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia;
(23) Planning and zoning. To proYide comprehensiYe city planning for deYelopment by zoning and to proYide subdiYision 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; remo,al. To proYide for the destruction and remO\al of any building or other structure which is or may become dangerous or detrimental to the public;
(26) Public improYements. To proYide 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, tei'minals, docks, parking facilities, or charitable, cultural, educational, recreational, conserYation, sport, curatiYe, correctiYe, detentional, penal, and medical institutions, agencies, and facilities; to proYide any other public imprO\ements inside or outside the corporate limits of the city; to regulate the use of public improyements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G..-\. or such other applicable laws as are or may hereafter be enacted;
(27) Public peace. To pro,ide for the pre,ention 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 sen-ices. To grant franchises or make contracts for public utilities and public serYices and to prescribe the rates, fares, regulations, and the standards and conditions of senice appli-

GEORGIA L-\\-\'S 1999 SESSIO'.'\

-t-8-t-7

cable to the senice to be proYided by the franchise grantee or contractor, insofar as not in conflict with rnlid regulations of the Public Sen-ice Commission;
(30) Regulation of roadside areas. To prohibit or regulate and control the erection, remoYal, 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 ,iew thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for Yiolation of such ordinances;
(31) Retirement. To proYide 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, paYe, curb, gutter, adorn with shade trees, or othen,ise imprme, maintain, repair, clean, preYent erosion of, and light the roads, alleys, and "alkways within the corporate limits of the city; and to negotiate and execute leases oYer, 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, OYerpasses, and underpasses for priYate use at such location and to charge a rental therefor in such manner as may be proYided by ordinance; and to authorize and control the construction of bridges, OYerpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and oYer the bridges and Yiaducts for the use of public utilities and for priYate 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 le,y 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 le,~on those to whom sewers and sewerage systems are made a,ailable a sewer sen-ice fee, charge, or tax for the aYailability or use of the sewers; to pro,ide for the manner and method of collecting such sen-ice charge; and to impose and collect a sewer connection fee or fees to those connected with the system;
(34) Solid waste disposal. To proYide 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 prmide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and prmide 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

-18-18 LOCAL ..\..'\'D SPECIAL .--\CTS ..\..'\'D RESOLCTIO'.\'S, \'OL. II
intoxicating liquors, including bulk sales and sales by the drink, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosiYe, 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 sho\\s of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistn, adult bookstores, and massage parlors;
(36) Special assessments. To Jeyy and proYide for the collection of special assessments to cmer the costs of any public improYement;
(37) .-\cl Yalorem taxes. To leYy and proYide for the assessment, Yaluation, rnaluation, and collection of taxes on all property subject to taxation;
(38) Other taxes. To leYy and collect such other taxes as maY be alkmed now or in the future by la\\;
(39) Taxicabs. To regulate and license \ehicles operated for hire in the city; to limit the number of such Yehicles; to require the operators thereof to be licensed; to require public liability insurance on such Yehicles in the amounts to be prescribed bY ordinance; and to regulate the parking of such Yehicles;
(-10) Crban redeYelopment. To organize and operate an urban redeYelopment program; and
(-11) Other powers. To exercise and enjoy all other powers, functions, rights, priYileges. and immunities necessary or desirable to promote or protect the safety. health. peace, security, good order, comfort, conYenience, 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 goYernments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusiYe of others, nor restrictiYe 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.
.-\II powers, functions, rights, pri\"ileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as proYided by this charter. If this charter makes no proYision, such shall be carried into

GEORGL\ L\.\,\'S 1999 SESSIOX

-18-19

execution as proYided by ordinance or as prmided by pertinent laws of the State of Georgia.
ARTICLE II
GO\'ERX\-lEXT STRL' CTL'RE, ELECTIOXS, .-\....,D RE\-1O\'.--\L
SECTION 2.10.
Cit\' council creation; composition; number; election.
(a) The legislatiYe authority of the goYernment of this city, except as otherwise specifically proYided in this charter, shall be Yested in a city council to be composed of a mayor and fiye councilmembers.
(b) The maYor and councilmembers shall ser\'e for terms of two Years and until their r~spectiYe successors are elected and qualified. Xo pe{son shall be eligible to serYe as mayor or councilmember unless that person shall haYe been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of sen-ice and shall be registered and qualified to \'Ote in municipal elections of this city. Xo 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 city that such person desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember. Xo person shall be eligible for the office of mayor or councilmember unless such person shall file aboYe said notice within the time proYided for in Chapter 2 of Title 21 of the O.C.G..-\.., the "Georgia Election Code."
SECTION 2.11.
Elections.
(a) .-\.t any election, all persons who are qualified under the Constitution and laws of Georgia to \'Ote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as Yoters in the election.
(b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G..-\.., the "Georgia Election Code." Except as otherwise proYided 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 Election Code."
(c) The ma\'or and councilmembers who were in office on December 1, 1998, or who are in office on the effectiYe date of this .-\.ct shall serYe 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 the mayor, the City of Lithia Springs shall consist of one city-wide election district whereby the person who is running

-1-8:J0 LOC.-\L .-\'.\D SPECI.-\L ..\(TS .-\.'\D RESOI.LTIO'.\S, \'OL. II

for ma~or who rt'ceins the m,~jority of \'Otes cast shall bt' electt'd mayor. In the t'\ent that no candidatt' rect'h't'S a m,uority of the ,otes cast, a run-off election shall be held and conducted in accordance ,,ith the ordinances of the city and Chaptt'r 2 of Title 21 of the O.C.G..-\., the "Georgia Election Code ... as now or hereafter amended.

The fiye electt'd council slots will be determined by the top fiw candidates rt'ceiYing the most n>tt's citY widt', thert'by council members shall be elected by a pluralitY rnte.

(e) On the Tut'sday next following the first '.\londaY in '.\lwember, and on that daY biennialh tht'rt'aftt'r, tht're shall be elected a mayor and fi,e council;nembers. Tht' tt'rms of the offices shall begin at the tiine of taking the oath of office as prmided in Section 3.11 of this charter.

SECTION 2.12.

\'acancies in office .

(a) (I) The office of m,wor or councilmember shall become meant

upon the incumbent\ death. resignation. forfeiture of office, or

rem<ffal from offict' in any manner authorized bY this charter or th e

general laws of the State i)f Georgia.



(2) Lpon the suspension from offict' of mayor or councilmember in am 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 tht' office shall become ,acant and shall be filled as prodded in subsection (b) of this section.

(b) In the event that the office of man)r or cmmcilmember shall become Yac.mt. the citY council or those remaining shall order a special election to fill the balance of the unexpired term of such official; pro,ided, howeYer, if such ,acancy offurs within I1 months of the expiration of the term of that office, the cit~ com1eil 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 2 of Title 21 of the O.C.G...\., tlw "Georgia Election Code," as now or hereafter amended.

SECTION 2.13.

'.\onpartisan 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.

Compensation and expenses.

Compensation and expenses for the mayor and councilmembers shall be set by ordinance in accordance with Chapter 35 of Title 36 of the O.C.G.A

GEORGL-\ L-\WS 1999 SESSIO:'.\:

4851

Compensation for the city clerk, treasurer, and city attorney shall be set bY ordinance.

SECTION 2.15.

Prohibitions.

(a) :'.\:o elected official. appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:

( I ) Engage in any business or transaction or haYe a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties;

(2) Engage in or accept priYate employment or render sen-ices for priYate interests when such employment or senice is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties;

(3) Disclose confidential information concerning the property, goYernment. or affairs of the goYernmental body by which engaged without proper legal authorization or use such information to adYance the financial or other priYate interest of himself or herself or others;

(4) .-\ccept an\' Yaluable gift, "hether in the form of senice, loan, object, or promise. from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoe,er in business dealings with the gmernmental body by which he or she is engaged; proYided, howeYer, that an elected official "ho is a candidate for public office may accept campaign contributions and senices in connection with any such campaign;

(5) Represent other priYate interests in any action or proceeding against this ci~ or any portion of its goyernment; or

(6) \'ote or otherwise participate in the negotiation or in the making

of

a1w.

contract

with

an\, '

business

or

entit\ ,

in

which

he

or

she

has

a

financial interest.

(b) .-\ny elected official, appointed officer, or employee who has any priYate financial interest, directly or indirectly, in any contract or matter pending before or within any department of the ci~ shall disclose such priYate interest to the ci~ council. The mayor or any councilmember who has a prirnte interest in any matter pending before the city council shall disclose such prhate interest and such disclosure shall be entered on the records of the ci~ council, and he or she shall disqualify himself or herself from participating in any decision or \'Ole relating thereto..-\Jw elected official, appointed officer, or employee of am agency or political enti~ to

4852 LOCAL A...'\D SPECIAL ACTS A,. D RESOLCTio:-.;s, \'OL. II
which this charter applies who shall haYe any priYate financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such priYate interest to the go\'erning body of such agency or entity.
(c) :\'o 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 goyernmental entity for personal benefit, con\'enience, or profit, except in accordance with policies promulgated by the city council or the goYerning body of such agency or entity.
(d) Any Yiolation 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 rnidable at the option of the city council.
(e) Except as authorized by law, no member of the council shall hold any other electiYe city office or other city employment during the term for "hich elected. The prmisions of this subsection shall not apply to any person holding employment on December 1, 1998, or on the effectiYe date of this Act.
SECTION 2.16.
Remornl of officers.
(a) The mayor, a councilmember, or other appointed officers pro,ided for in this charter shall be remoYed from office for am one or more of the following causes:
( l) Incompetence, misfeasance, or malfeasance in office;
(2) Con\'iction of a crime inYoh-ing moral turpitude;
(3) Failure at any time to possess any qualifications of office as proYided by this charter or by la,\';
(4) Knowingly \'iolating 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) RemoYal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
( l) (A) For the remo\'al of a councilmember, b, a unanimous ,ote of the remaining councilmembers, including tl~e mayor, and after an in\'estigati\'e hearing.
(B) For the remo\'al of the ma,or, b\' a unanimous rnte of all councilmembers and after an i11\'~stigatiYe hearing.

GEORGL-\ L-\WS 1999 SESSIO:\'

4853

In the e,ent a councilmember or the mayor is sought to be remoYed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for remoYal and to a public hearing \\hich shall be held not less than ten days after the senice of such written notice. Any elected officer sought to be remmed from office as proYided in this section shall haYe the right of appeal from the decision of the city council to the Superior Court of Douglas County. Such appeal shall be goyerned by the same rules as goYern appeals to the superior court from the probate court; or
a (2) By an order of the Superior Court of Douglas County following
hearing on a complaint seeking such remoYal brought by any resident of the City of Lithia Springs.
ARTICLE III
ORG.-\.."\IZATIO:\' OF GO\'ER."\'.\IE:'\T, GE:\:ER.-\L .-\CTHORITY, .-\.."\D ORDI!\:.-\..~CES
SECTION 3.10.
General power and authority.
Except as otherwise proYided by this charter, the city council shall be Yested with all the powers of goYernment of this city as proYided by .-\rticle 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 newh- 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 l'nited States of America."
(b) By a majority Yote, the city council shall elect a councilmember to sene 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 rnte of the city council. The city council shall by majority ,ote 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 rnte of the cit\ council.

4854 LOCAL A.'\iD SPECIAL ACTS ,-\..,m RESOLCTIO:\"S, \'OL. II
SECTION 3.12.
Inquiries and inYestigations.
The city council may make inquiries and i1westigations 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 eYidence.-\.Jw person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as proYided 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 members of the city council. i\otice of such special meeting shall be sened on all other members personally, or by telephone personally, at least 48 hours in adYance 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 waiYed by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiYer 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 giYen 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 proYisions of this charter and shall proYide for keeping a journal of its proceedings which shall be a public record.
(b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall sen-eat the pleasure of the mayor. The mayor shall ha,e the power to appoint new members to any committee at any time.
SECTION 3.15.
Voting.
(a) Except as otherwise proYided in subsection (b) of this section, three councilmembers shall constitute a quorum and shall be authorized to

GEORGL\ L-\WS 1999 SESSIO:\'

4855

transact the business of the city council. Voting on the adoption of ordinances shall be bY Yoice \'Ote and the ,ote shall be recorded in the journal, but any member of the city council shall haYe the right to request a roll-call Yote and such \'Ote shall be recorded in the journal. Except as otherwise proYided in this charter, the affirmatiYe \'Ote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
(b) In the e,ent Yacancies 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 Yote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
SECTION 3.16.
Ordinances.
(a) EYery proposed ordinance shall be introduced in writing and in the form required for final adoption. ~o ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be ..The Council of the City of Lithia Springs hereby ordains..... and e\'ery 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; proYided, howeYer, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances proYided for in Section 3.18. Cpon 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 ma, designate.
SECTION 3.17.
Effect of ordinances.
Acts of the cit\' council which haYe 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 cmn-ene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not le,~ taxes; grant, renew, or extend a franchise;

4856 LOCAL .-\..'\D SPECIAL ACTS .-\..'\D RESOLL'TIO~S. \'OL. II
regulate the rate charged by any public utility for its sen-ices: or authorize the borrowing of money except for loans to be repaid within 30 days. .-\n 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. .-\n emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced. but the affirmatiYe ,ote of at least three councilmembers shall be required for adoption. It shall become effectiYe upon adoption or at such later time as it may specify. yery emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not preYent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. .-\n 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 gmerning such adopting ordinance shall be as prescribed for ordinances generally except that: (I) 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 mailable by the clerk for distribution or for purchase at a reasonable price.
SECTION 3.20.
Codification of ordinances.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted bY the council.
(b) The city shall prmide for the preparation of a general codification of all the ordinances of the city haYing the force and effect oflaw. 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

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cited officially as "The Code of the City of Lithia Springs, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made aYailable 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 aYailable 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 stde 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 \\"ith 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 executiYe officer; delegation of powers.
The mayor shall be the chief executiYe of this city. The mayor shall possess all of the executiYe and administratiYe powers granted to the city under the Constitution and laws of the State of Georgia, and all the executi,e and administratiYe powers contained in this charter, except as otherwise specifically proYided in this .-\ct. The mayor shall ha,e the authority to delegate any one or more executiYe or administratiYe powers to a person or persons emploYed by the city and qualified in management and administration.
SECTION 3.22.
Powers and duties of mayor.
A.s the chief executi,e of this city, the mayor shall:
(1) See that all laws and ordinances of the city are faithfully executed;
(2) Appoint and remoYe, for cause, with confirmation of appointment or remoYal by the council, all officers, department heads, and employees of the city except as otherwise prmided in this charter;
(3) Exercise supenision oyer all executiYe and administrathe work of the city and proYide for the coordination of administrathe actiYities;
(4) Prepare and submit to the council a recommended annual operating budget and recommended capital budget;
(5) Submit to the council at least once a year a statement co,ering the financial conditions of the cirv and from time to time such other information as the city council may request;

4858 LOCAL A.,D SPECI.-\L .-\CTS .-\..'\'D RESOLCTIO:\'S, \'OL. II
(6) Call ~pecial meetings of the city council as pro,ided for in Section 3.13;
( i) Participate in the discussioi1 of all matters brought before the city council and Yote only to break a tie;
(8) Recommend to the city council such measures relati\e to the affairs of the city, imprmement of the gmernment, and promotion of the welfare of its inhabitants as the mayor may deem expedient;
(9) Approw or disapprme ordinances as proYided in Section 3.23;
( 10) Require any department or agency of the city to submit written reports wheneYer the mayor deems it expedient;
(11) 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
(12) 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; Yeto power.
(a) faery ordinance adopted by the city council shall be presented by the city 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 city clerk with or without the mayor's apprornl, or with the mayor's disapprmal. If the ordinance has been apprmed by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approYed nor disapproYed, it shall become law on the fifteenth day after its adoption; if the ordinance is disapproYed, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the Yeto. The city clerk shall record upon the ordinance the date of its deliYery to and receipt from the mayor.
(c) Ordinances Yetoed by the mayor shall be presented by the city clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affinnatiYe Yote of a majority plus one of the council, it shall become law.
(d) The mayor may disapprme or reduce any item or items of appropriation in any ordinance. The apprmed part or parts of any ordinance making appropriations shall become law, and the part or parts disapproYed shall not become law unless subsequently passed by the city council o,er the maycr's Yeto as prmided in this section. The reduced part or parts shall be presented to the city council as though disapprmed and shall not become law unless oYerridden by the council as prmided in subsection (c) of this section.

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ARTICLE I\'
.-\IHII'.'\ISTR-\Tl\'E .-\FF.-\.IRS
SECTION 4.10.
Department heads.
(a) Except as otherwise proYided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelecti\e offices. positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and goyernment of this city.
(b) Except as otherwise proYided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respectiYe administratiYe and professional qualifications.
(c) .-\11 appointed officers and directors of departments shall receiYe 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 supenision of the mayor, be responsible for the administration and direction of the affairs and operations of the director's department or agency.
(e) .-\11 directors under the supenision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remo\'e directors under the mayor's supenision but such suspension or remoYal shall not be effectiYe for ten calendar days following the mayor's giYing written notice of such action and the reason therefor to the director i1wohed and to the cit\' council. The director i11\'oh-ed may appeal to the city council which, afte1: a hearing, may oYerride the mayor's action by a ,ote of three councilmembers.
SECTION 4.11.
Boards.
(a) The cit\' council shall create b, ordinance such boards, commissions, and authorities to fulfill any imestigatiYe, quasi:iudicial, or quasi-legislati\'e function the cit\' council deems necessan- and shall bY ordinance establish the compositio11, period of existence, dtities, and po~,ers thereof.
(b) .-\11 members of boards, commissions. and authorities of the citY shall be appointed by the city council for such terms of office and i1~ such manner as shall be pro,ided by ordinance. except where other appointing authority, terms of office, or manner of appointment is prescribed b, this charter or bY law.
(c) The city council, by ordinance. may proYide for the compensation and reimbursement for actual and necessary expenses of the members of any board. commission. or authority.

4860 LOCAL A.'\'D SPECL\L ACTS A.'\'D RESOLL'TIO.'\'S, \'OL. II
(cl) Except as otherwise proYided by charter or by law, no member of any board, commission, or authority shall hold any electiYe office in the city.
(e) Any Yacancy 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 othen\ise proYided by this charter or by law.
(f) .'\'o 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 the office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be remmed
from office for cause bY. a ,ote of three members of the cit\.' council.
(h) Except as othen\'ise pro,ided by this charter or by law, each board. commission, or authority of the city shall elect one of its members as chairperson and one member as Yice-chairperson, 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 gmernment may establish such bylaws, rules, and regulations, not inconsistent "ith this charter, an ordinance of the city. or law. as it deems appropriate and necessan for the fulfillment of its duties or the conduct of its affairs. Copies of such byla"s, rules, and regulations shall be filed with the clerk of the citY.
SECTION 4.12.
CitY. attorne\.'.
The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall hme actiYely practiced law for at least one year. The city attorney shall sen-e at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in "hich the city is a party, may be the prosecuting officer in the municipal court. shall attend the meetings of the council as directed. shall achise 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 by Yirtue of the position of city attorney. The city council may proYide for the compensation of the city attorney.
SECTION 4.13.
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 cit\' seal. maintain city council re~ords required by this charter. and perforn~ such other duties as may be required by the city council. The city council may proYide for the compensation of the city clerk.

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SECTION 4.14.
Treasurer.
The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the proYisions 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 fr>r the general duties of a treasurer and fiscal officer. The city council shall proYide for the compensation of the treasurer.
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 senice ratings thereto, and transfer of employees within the classification plan:
(3) Hours of work, Yacation, sick leaYe, and other leaYes of absence, mertime 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 proYide for adequate and systematic handling of personnel affairs.
ARTICLE\'
JCDICL\L BR..\.'\;CH
SECTION 5.10.
\lunicipal court.
The city council may establish a court to be known as the \hmicipal Court of the City of Lithia Springs.
SECTION 5.11.
Judges.
(a) The municipal court shall be presided oYer by a chief judge and such part-time. full-time. or stand-by judges as shall be pro,ided by ordinance. The method of selection and terms of such judges shall be proYided by ordinance.

4862 LOCAL .-\:\'D SPECIAL .--\CTS A."\D RESOLCTIO:\'S, \'OL. II
(b) :\'o person shall be qualified or eligible to serYe as a judge on the municipal court unless that person shall haYe attained the age of 21 years and shall be a member of the State Bar of Georgia. .--\11 judges shall be appointed by the city council.
(c) Compensation of the judge or judges shall be fixed by ordinance.
(cl) Judges may be remoYed for cause by a rnte ofa majoritY plus one of the members of the citY council.
(e) Before assuming office, each judge shall take an oath, giYen by the mayor, that the judge ,\"ill honestly and faithfully discharge the duties of the office to the best of his or her ability and without fear, fayor, or partiality. The oath shall be entered upon the minutes of the cit, council journal required in Section 3.14 of this charter.
SECTION 5.12.
ConYening of court.
The municipal court shall be conYened at regular interYals as proYided by ordinance.
SECTION 5.13.
Pmrers.
(a) The municipal court shall try and punish ,iolations of this charter, all city ordinances, and such other Yiolations as proYided by law.
(b) The municipal court shall ha,e the authority to punish those in its presence for contempt, proYided that such punishment shall not exceed a fine of S200.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses "ithin its jurisdiction not exceeding a fine of Sl ,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternatiYe sentencing as now or hereafter proYided bY law.
(d) The municipal court shall haYe 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 oYer to superior courts for Yiolation of state law.
(e) The municipal court shall haYe authority to establish bail and recognizances to ensure the presence of those charged with Yiolations before said court and shall h,l\'e discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with ,iolations. v\'heneYer any person shall gi\e bail for appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by

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sening the defendant and his or her sureties ,rith a rule nisi at least two days before a hearing on the rule nisi.
(f) The municipal court shall haYe the same authority as superior courts to compel the production of eYidence in the possession of any party; to enforce obedience to its orders. judgments, and sentences; and to administer such oaths as are necessan-.
(g) The municipal court shall haYe the authority to bind prisoners oYer to the appropriate court when it appears by probable cause that state law has been ,iolated.
(h) Each judge of the municipal court may compel the presence of all parties or witnesses necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be sened 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 haYe the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the citY.
U) The municipal court is specifically Yested 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 Yiolations.
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 Yiolation cases, and such certiorari sl{all be obtained under the sanction of a judge of the Superior Court of Douglas County, under the laws of the State of Georgia regulating the granting and issuance of \\Tits of certiorari.
SECTION 5.15.
Rules.
With the apprmal of the city council. the judge shall ha\"e full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; proYided, hmreYer. 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 aYailable for public inspection. and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

4864 LOCAL .-\..~D SPECIAL ACTS .-\..~D RESOLCTIO:\'S, \'OL. II
ARTICLE \1
Fl:\'A~CE
SECTION 6.10.
Property tax.
The city council may assess, lt'Yy, and collect an ad rnlorem 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 re\'enues to defray the costs of operating the city gmernment, of pro\'iding gmernmental sen-ices, for the repayment of principal and interest on general obligations, and for any other public purpose as determined b\.' the citY. council in its discretion.
SECTION 6.11.
~lillage.
The city council by ordinance shall ha\'e the power to establish by ordinance 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 pro\'ide for the payment of these taxes by installments or in one lump sum, as well as authorize the \'ohmtary payment of taxes prior to the time when due.
SECTION 6.12.
Occupation taxes and business license fees.
The city council by ordinance shall ha\'e the power to le\'y such occupation or business taxes as are not denied b, law. Such taxes ma\' be le\'ied on both indi\'iduals and corporations who transact business i1~ this city or who practice or offer to practice any profession or calling within the city to the extent such persons ha\'e 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 pro,ided in Section 6.18 of this charter.
SECTION 6.13.
Licenses.
The cit\' council by ordinance shall ha\'e the power to require an\' indi\'idual 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 acti\'ity from the city and pay a reasonable fee for such license or permit where such acti\'ities 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 acti\'ity and, if

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4865

unpaid, shall be collected as proYided 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 haYe the po\\er to grant franchises for the use of this citys streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable teleYision companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusiYe or nonexclusiYe, and the consideration for such franchises; proYided, howeYer, that no fra11chise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receiYes just and adequate compensation therefor. The city council shall JXOYide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may proYide by ordinance for the registration within a reasonable time of all franchises pn:,iously granted.
SECTION 6.15.

The citY council by ordinance shall haYe the power to assess and collect fees, charges, and tolls for sewers, sanitary and health senices, or any other serYices proYided or made a,ailable inside or outside the corporate limits of the city for the total cost to the city of proYiding or making aYailable such sen-ices. If unpaid, such charges shall be collected as 1x0Yided in Section 6.18 of this charter.
SECTION 6.16.
Roads.
The city council lw ordinance shall haYe the power to assess, charge, and collect the costs of constructing, reconstructing, widening. or improYing an\" public waY, street. side\\alk, curbing, gutters, se\\ers, 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 prmided in Section 6.18 of this charter.
SECTION 6.17.
Other taxes.
This city shall be empm\'ered to leYy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this

--l-866 LOCAL .-\..'-:D SPECI.-\L .-\CTS .-\:'\D RESOLL'TIO:'\S, \'OL. II
article shall not be construed as limiting in any way the general pmrers of this city to gmern its local affairs.
SECTION 6.18.
Collection of delinquent taxes.
The city council by ordinance may proYide 14enerally for the collection of delinquent taxes, fees, or other reYenue due the city under Sections 6.10 through 6.17 of this charter by whate,er reasonable means as are not precluded by law. This shall include pro,iding 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, reYoking city licenses for failure to pay any city taxes or fees, and proYiding for the assignment or transfer of tax executions.
SECTION 6.19.
Borrowing.
The citY council shall haYe the power to issue bonds for the purpose of raising reYenue to carry out anY project, program, or Yenture authorized under this charter or the lmrs of the state. Such bondin14 authority shall be exercised in accordance with the laws goyerning bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20.
Re,enue bonds.
ReYenue bonds may be issued bY the citY council as state law now or hereafter pro,ides. Such bonds ar~ to be paid out of any reYenue produced by the project, program, or Yenture for which they ,rere issued.
SECTION 6.21.
Loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise proYided by law.
SECTION 6.22.
Accounting and budgeting.
The citY council shall set the fiscal ,ear bY ordinance. This fiscal ,ear shall constitt.lte the budget year and the ye~r for financial accom~ting and reporting of each and eYery office, department, agency, and actiYity of the city gmernment.

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SECTION 6.23.
Budget ordinance.
The citY council shall proYide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital imprmement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall comply with the proYisions of Chapter 81 of Title 3fi of the O.C.G..\.
SECTION 6.24.
Operating budget.
On or before a date fixed bY. the citY. council but not later than 60 daY. s 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 the mayor may deem pertinent. The operating budget, the capital improYements 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.
Adoption.
(a) The city council may amend the operating budg:>t proposed by the mayor, except that the budget as finally amended and adopted must proYide for all expenditures required by state law or by other proYisions of this charter and for all debt sen-ice requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance. resenes, and reYenues.
(b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year not later than December 31 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. ..\doption of the budget shall take the form of an appropriations ordinance setting out the estimated re,enues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or actiYity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.

-l-8fi8 LOCAL A:'\D SPECIAL ACTS .-\."-:D RESOLCTIO!\S, \'OL. II
(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 othen\'ise unencumbered balance of the appropriations or allotments thereof to which it is chargeable.
SECTION 6.26.
Lew of taxes.
Following adoption of the operating budget. the city council shall ha\'e the power to le,: by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of re\'enues from such le,: shall at least be sufficient. together with other anticipated re\'enues. fund balances. and applicable reser\'es. to equal the total amount appropriated for each of the se\'eral funds set forth in the annual operating budget for defraying the expense of the general go\'ernment of this cit\'.
SECTION 6.27.
Changes in budget.
The city council by m,tjority rnte may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergenc~ meeting called for such purposes.
SECTION 6.28.
Capital imprmements.
(a) On or before the date fixed b, the cit\ council, but not later than fi0 clays prior to the beginning of each.fiscal year, the mayor shall submit to the city council a proposed capital impro\'ements budget with any recommendations as to the means of financing the impro\'ements proposed for the ensuing ~-ear. The city council shall haw the pm\'er to accept. with or without amendments. or rt:ject the proposed program and proposed means of financing. The cit~ council shall not authorize an expenditure for the construction of an~ building. structure, work. or impro\'ement, unless the appropriations for such project are included in the capital impro,ements budget. except to meet a public emergency as pro\'iclecl in Section 3.17 of this charter.
(b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital impn)\'ements budget for the ensuing fiscal year not later than December 31 of each year. :'\o appropriations pro\'icled for in a prior capital imprmements budget shall lapse until the purpose for which the appropriations " ere made shall hme been accomplished or abandoned: pro,ided. howen r. the mayor may submit amendments to the capital impro\'ements budget at an~ time during the fiscal year. accompanied by an~ recommendations. ..\n~ such amendments to the capital

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imprmements budget shall become effecthe onh upon adoption bY majority Yote of the city council.
SECTION 6.29.
.-\udits.
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 goYernment may be accepted as satisf\ing the requirements of this charter. Copies of all audit reports shall be a,ailable at printing costs to the public.
SECTION 6.30.
Procurement and property management.
:\o contract "ith the city shall be binding on the city unless:
(1) It is in writing;
(2) It is drawn or submitted and reYiewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or reYiew; and
(3) It is made or authorized by the city council and such approYal is entered in the city council journal of proceedings pursuant to Section 3.1-l of this charter.
SECTION 6.31.
Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.32.
Sale of property.
(a) The city council may sell and cmn-ey any real or personal property owned or held by the city for gmernmental or other purposes as now or hereafter proYided by law.
(b) The city council may quitclaim any rights it may ha,e 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 monetan ,alue.
(c) \-\l1eneYer in opening, extending, or widening any street, aYenue, 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

4870 LOCAL A.'\'D SPECIAL ACTS .--\..'\'D RESOLCTIO:'\S, \'OL. II
the city, the city council may authorize the mayor to execute and deliYer in the name of the city a deed comeying said cut-off or separated parcel or tract of land to an abutting or adjoining property mrner or O\rners in exchange for rights of way of said street, aYenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conYeYances heretofore and hereafter so executed and deliYered shall conYey all title and interest the citY has in such property, no~,ithstanding the fact that no public sale after adYertisement \\as or is hereafter made.
ARTICLE \11
GE:\'ER.\L PRO\1SIO!'\S
SECTION 7.10.
Bonds for officials.
The officers and employees of this citY, both elected and appointed, shall execute such sure~ 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 1xmided bY law.
SECTION 7.11.
Rules and regulations.
All ordinances, resolutions, rules, and regulations in force in the city under the last charter adopted for the city which are not inconsistent with this charter are declared Yalid and of full effect and force until amended or repealed b, the city council.
SECTION 7.12.
Charter language on other general matters.
Except as specificalh proYided otherwise by this charter, all rights, claims. actions. orders, contracts, and legal or administratiYe proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies. personnel. or offices as may be proYided by the city council.
SECTION 7.13.
Definitions and construction.
(a) Section captions in this charter are informati,e only and shall not be considered as a part thereof.
(b) The word shall" .is mandatory and the \\ord "may" is permisshe.
(c) The singular shall include the plural, the masculine shall include the feminine , and ,ice Yersa.

GEORGIA L..\WS 1999 SESSIO~

48il

SECTION 7.14.
...\ppendices.
Attached to this .-\ct as appendices and incorporated as a part of this .-\ct are certifications by the members of the city goYerning authority and the sponsoring member of the General Assembly that the city meets the minimum standards set out in Code Section 36-30-i.1 of the O.C.G.A
SECTION 7.15.
Specific repealer.
.-\n .-\ct to prmide a new charter for the City of Lithia Springs, apprmed April 8, 1996 (Ga. L. 1996. p. 4319) is repealed.
SECTION 7.16.
EffectiYe date.
This .-\ct shall become effectiYe upon its apprmal by the Gmernor or upon its becoming law without such approYal.
SECTION 7.17.
Contingent automatic repealer.
Cpon a final judgment affirming the court order issued on or about December 30, 1998. which declared that the city charter was rnid. this charter shall be automatically repealed in its entirety. In such circmnstances. it shall be the duty of the pre,ailing party to proYide a copy of the decision affirming such court order to the Secretary of State.
SECTION 7.18.
General repealer.
.-\11 laws and parts of laws in conflict with this .-\ct are repealed.
CERTIFIC.-\TIO~
Pursuant to O.C.G.A Section 36-30-i.1. the \farnr and Council of the City of Lithia Springs, Georgia do hereby certify as follows:
The City of Lithia Springs proYides at least three senices to its citizens. including:
(a) Law enforcement by contract with the Douglas County Sheriff"s Department;
(b) Fire protection and fire safety by contract with the Douglas County Fire Department;
(c) Road and street maintenance; and

4872 LOCAL A'.'\D SPECL\L .-\.CTS .-\...'-:D RESOLL.TIO'.'\S. \'OL. II

(cl) Planning and zoning.

The \laY. or and Council further certif.r that the\' ha,e held at least fortY-eight (-18) meetings within the twehe months preceding the execu-
tion of this certificate. with at least four of said meetings being held each
month.

The \layor and Council further certify that the City qualifies for and holds regular municipal elections and has held elections in '.'\oyember 1997. July 1998. and September 1998.

This 7th day of \larch. 1999. s/ Bnan P. Hilton Bryan P. Hilton. \layor s/ Joseph P. \leeks Joseph P. \leeks, Council \Iember s/ Cynthia L. Ray Cynthia L. Ra\', Council \{ember .-\.pproYed as to form:
D. \lichael Williams, City .-\.ttorney

s/ James 0. Garrett James 0. Garrett, Council \-!ember
s/ Johnny D. Poole Johnny D. Poole, Council \{ember
s/ Frank \1. Sallee Frank \1. Sallee. Council \{ember
Attest:
s/ \larie \lanigault \larie A. \fanigault. City Clerk

CERTIFIC.-\.TIO'.'\

Pursuant to O.C.G..-\.. Code Section 36-30. 7.1. the undersigned hereby certifies as follows:

The CitY of Lithia Springs pro,ides at least three senices to its citizens, including:

(a) Law enforcement by contract with the Douglas County Sheriff's Department;

(b) Fire protection and tire safetY bY contract with the Douglas County Fire Department;

(c) Road and street maintenance; and

(cl) Planning and zoning.

The \layor and Council haYe held at least forty-eight (48) meetings within the twelYe months preceding the execution of this certificate. with at least four of said nieetings being held each month.

The Cit, qualities for and holds regular municipal elections and has held elections in '.\(ffember 1997. July 1998, and September 1998.

GEORGI.-\ L\WS 1999 SESSIO::\'

4873

This 9th day of \larch, 1999.
s/ Bill Hembree Honorable Bill Hembree RepresentatiYe, 98th District
LOCAL LEGISL-\TIO::\'
::\'OTICE OF l:\'TE:\'TIO::\' TO I::\'TRODCCE LOCAL LEGISL-\TIO::\'
::\'otice is giYen that there ,rill be introduced at the regular 1999 session of the General .-\ssembly of Georgia a bill to proYide a new charter for the City of Lithia Springs; to prmide for related matters; to repeal conflicting laws; and for other purposes.
This 4th day of \farch, 1999.
s/ Bill Hembree Honorable Bill Hembree RepresentatiYe, 98th District
GEORGL-\, FCLTO:\' coc::--.:n
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Hembree. who on oath deposes and says that he is the RepresentatiYe from the 98th District and further deposes and saYs as follows:
(1) That the attached ::\'otice 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: \larch 6, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
.L .-\ copy of the notice of intention "as mailed, transmitted by facsimile, or otherwise prmided to the gmerning authority of any colmty, nmnicipality. or consolidated goYernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-1-1.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality. or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated gmernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-1 does not apply because the bill is an annexation bill and a copy of the bill

-187-l LOCAL .-\..'\'D SPECIAL ACTS .-\..'\'D RESOLLTIO:\'S, \'OL. II
was proYided to the county gowrning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-l.1.
s/ BILL HE'.\IBREE Representati,e, 98th District
Sworn to and subscribed before me, this 9th daY of \larch . 1999.
s/ TERES..\ ..\DKI:\'S
:\'otarY Public. Clanon County, Georgia \ly Commi~,ion Expires Jan . 5. 2001 (SEAL)
Apprmed April 23. 1999.

HALL COL":\'T\' CO\I\IISSIO:\' FOR CHILDRE:\' ..\:\'D F..\\HLIES CRE..\TIO:\'.

:\'o. 300 (House Bill :\'o. 1003) .

.-\..'\' ..\CT

To create the Hall Count\' Commission for Children and Families; to pro,ide for a short title; t<.> pro\"ide for findings and determinations; to proYide for definitions; to prO\ide for the creation of the commission; to proYide for the membership of the commission; to pro,ide for the organization and meetings of the commission; to prO\ide for the purposes for which the commission is created; to pnwide the powers and duties of the commission; to proYide that the members of the commission shall be trustees; to proYicle for certain exemptions from taxation, Jeyy and sale, garnishment, and attachment; to proYide the court in which the actions against the commission may be brought; to pro\"ide for construction; to proYide for related matters; to proYide an effectiYe date; to repeal conflicting laws; and for other purposes.

BE IT E:\'..\CTED BY THE GE:\'ER.\L ..\SSE\IBLY OF GEORGI..\:

SECTION 1.

Short title.

This ..\ct shall be known and ma, be cited as the "Hall Count\' Commission

for Children and Families ..\ct..;



SECTION 2.

Findings.

(a) It is found. determined, and declared that mam of the children, youth , and families in the Hall County commtmity ar~ facing or experi-

GEORGL-\ L-\WS 1999 SESSIO:\'

-!875

encing serious and discouraging problems which include, but are not limited to:
( l) Dropping out of school before graduation:
(2) Failing in school or failing to progress in school at a satisfactory rate:
(3) Teen pregnancy and motherhood:
(4) Child abuse and neglect:
(5) Drug use and jmenile delinquency:
(6) Problems associated with idleness and unemployment for youth ages 16 to 19 years: and
(7) Se,ere economic hardship in their families.
(b) It is further found and determined that public and pri\ate agencies and institutions are less effective in mitigating the effects of these conclitions on children. youth, and families or keeping them free of these conditions because their programs are not coordinated. evaluated. and administered in a systematic manner under a single comprehensiYe plan to deal with these conditions.
(c) It is further found and determined that the citizens of the Hall County commtmity are deeply concerned about children. Youth. and families in the conummity experiencing these conditions and desire comprehensiYe and effecti,e community efforts to preYent or mitigate these conditions in children, youth, and families.
(d) It is further found that the citizens of Hall County desire to work in partnership with the state to comprehensiYely address these conditions as provided for in Article 12 of Chapter 5 of Title -!9 of the O.C.G...\., the "Georgia Policy Council for Children and Families ..\ct."
(e) Because of the findings and determinations described in subsections (a) through (d) of this section, it is further found that there is a need for the creation of a public commission to de,elop a comprehensiYe plan for public and prirnte agencies in the Hall County commtmity to deal more effecthely with the children, youth, and families in the community exposed to or experiencing the conditions listed in subsection (a) of this section to the end that such youth will be eligible for gainful employment when they reach maturity, will be law abiding and producti,e adults, and will haYe a happy future that deYelops and utilizes their talents and abilities to the fullest extent possible.
(f) It is further found that such a public commission should cooperate with and assist public and priYate agencies in implementing and carrying out such comprehensiYe plan and in proYiding oversight, evaluation, and coordination of the various programs and acti\ities of such comprehensiYe

4876 LOCAL A..~D SPECIAL .-\CTS .-\.~D RESOLL"TIOJ\:S, \'OL. II
plan and that such public commission should exercise additional powers and duties as prmided in this Act in connection with the deYelopment, implementation, and carrying out of such plan.
(g) It is further found, declared, and determined that the creation of the public commission proYided for in this Act and the carrying out of its corporate purposes are in all respects Yalid charitable and public purposes within the proYisions of the Constitution of Georgia in that deYeloping more effectiYe methods, programs, and sen-ices to deal with the problems of the children, youth, and families of the Hall County community is of Yitai importance not only to the Hall County commtmity but also to the purposes of Article 12 of Chapter 5 of Title 49 of the O.C.G..-\., the "Georgia Policy Council for Children and Families .-\ct."
SECTION 3.
Definitions.
Cnless the context clearly requires otherwise, as used in this .-\ct, the term:
(1) "Collaborating council" means a group of commtmity organizations that affect the quality of life of children, youth, and families in Hall CountY.
(2) "Collaborathe" means an arrangement under which all of the agencies, institutions, and organizations in a community whose actions or inactions can affect the well-being of children, youth, and families agree and commit themsekes:
(A) To a Yision for successful outcomes for children, youth, and families;
(B) To setting goals success for children, youth, and families;
(C) To objecthes to achieYe these goals;
(D) To strategies to achieYe these objecti\es;
(E) To carry out the components of the strategies agreed upon in a comprehenshe plan for sening the well-being of children, youth, and families;
(F) To allocate or redirect funds where applicable and possible and with written consent from the affected agencies to cmer the cost of implementing the strategy components assigned to them by the comprehensiye plan for serYing children, youth, and families;
(G) To be indhidually and collectiYely responsible for the success or failure of these strategies;
(H) To coordinate and integrate their work and share information with each other;

GEORGI.-\ L-\\\'S 1999 SESSIO:'\

-1-877

(I) To identify and eliminate among themsehes, duplication of programs and sen-ices;
(J) To eliminate competition for funding and recognition;
(K) To report their successes and failures in achieYing the results expected from their programs objectiYeiy and completely; and
(L) Together to adopt and carry out comprehensiYe and integrated annual work programs and budgets to serYe children, youth, and families.
(3) "Commission" means the Hall County Commission for Children and Families.
(-1-) "Community partnership" means a comnnmity partnership that meets the specifications for community partnerships contained in .-\.rticle 12 of Chapter 5 of Title -1-9 of the O.C.G.A, the Georgia Policy Council for Children and Families .-\ct...
(5) "ComprehensiYe plan" means a plan that establishes a ,ision and goals for children, youth, and families; measures the extent to which they fall short in meeting the goals; identifies the conditions that must be changed to help them meet these goals; specifies a coordinated and integrated system of strategies for changing these conditions and a budget to carry them out; specifies the means of implementing these strategies, and the means of managing and e,aluating their performance and measuring their effectheness in achie,ing the goals and objectiYes which haYe been established.
(6) "County" means Hall County.
(7) "Georgia policy council" means the Georgia Policy Council for Children and Families created bY .-\.rticle 12 of Chapter 5 of Title -1-9 of the O.C.G.A, the "Georgia Policy Council for Children and Families .-\ct."
(8) "Public agency" means the Board of Commissioners of Hall County, the goYerning body of any municipality in the county, the Board of Education of Hall County, and any agency, board, commission, or department of the State of Georgia.
SECTION 4.
Hall County Commission for Children and Families.
(a) There is created a body corporate and politic to be known as the Hall Count, Commission for Children and Families which shall be deemed to be an instrumentality of the state, a public corporation and a public authoritY, and bY that name, stYle, and title maY contract and be contracted with, sue in all courts and be Slted in the Supeiior Court of Hall County, as proYided in Section 13 of this .-\ct. The commission shall haYe all the rights

-1878 LOCAL .-\...,D SPECIAL ACTS .-\...,D RESOLCTIOi'-:S, \'OL. II
afforded to the state b, ,irtue of the Constitution of the Cnited States and nothing in this Act shall constitute a waher of any such rights. The commission shall ha,e perpetual existence.
(b) The commission shall not be deemed to be a political subdhision of the state or an agency of the state.
SECTION 5.
Ylembership.
(a) The commission shall be composed of 32 members which shall consist of 15 position members and 17 commtmity members.
(1) Position members: The position members shall be as follows:
(A) One shall be the chief elected member of the goYerning board of Hall County;
(B) One shall be the chief elected member of the goYerning board of the largest municipality within Hall County (GainesYille);
(C) One shall be the chief elected member of the go\'erning board of the Hall County Board of Education;
(D) One shall be the chief elected member of the goYerning board of the Gaines,ille City Board of Education;
(E) One shall be the superintendent of the Hall County School System;
(F) One shall be the superintendent of the Gaines,ille City School System;
(G) One shall be the medical director, Dhision of Public Health, District 2;
(H) One shall be the chief executhe officer of Georgia \.fountains Community Senices;
(I) One shall be the director of the Hall County Department of Family and Children Senices;
(J) One shall be the program manager of the Department of ju\'enile Justice, Hall County office;
(K) One shall be the judge of the Hall County jll\'enile Court;
(L) One shall be the sheriff of Hall County;
(\.1) One shall be the chief of police of the City of GainesYille;
(:'I) One shall be the district attorney for the '.',;ortheasternjudicial Circuit; and
(0) One shall be the director of the Community Ser\'ice Center.

GEORGIA L\WS 1999 SESSIO:\'

-!8i9

(2) CommunitY members: Community members shall be as follows:
(A) One member appointed bY the board of the Chamber of Commerce;
(B) One member appointed bY the board of the Hall Count\' Cnited Way;
(C) One member appointed by the board of the Hall County :\'inth District Opportunity;
(D) Two members appointed by the local hospital boards: :\'ortheast Georgia Health Senices and Lanier Park Hospital;
(E) One member from the Hall County Joint \hmicipal Association, to be appointed as prmided in paragraph (3) of this subsection;
(F) One member from the business commtmity in the county, to be appointed as pro,ided in paragraph (3) of this subsection;
(G) One member from the higher education institutions in the county, to be appointed as proYided in paragraph (3) of this subsection;
(H) Three members from adYocates for children and families in the county, to be appointed as prmided in paragraph (3) of this subsection;
(I) Four members from at least three of the following entities: priYate nonprofit agencies, ciYic organizations, economically and socially distressed neighborhoods, public or nonprofit comnnmity sen-ice prmiders, and parents heading economically and/ or socially distressed familiesin the county, to be appointed as proYided in paragraph (3) of this subsection; and
(J) Two members from the religious commtmity, to be appointed as pro,ided in paragraph (3) of this subsection.
(3) The 12 community members described in subparagraphs (E) through (j) of paragraph (2) of this subsection shall be appointed by a temporary commission consisting of the position members and the fiye community members appointed under subparagraphs (.--\) through (D) of paragraph (2) of this subsection. Prior to the appointment of any member of the commission pursuant to this paragraph, the temporary commission shall cause a notice to be published in a newspaper of general circulation in the City of GainesYille and Hall Count\".
(b) The commission will inYite the Hall CountY Famih- Connection CollaboratiYe, business, ci\-ic, educational, and ch.aritable organizations and institutions to suggest the names of persons as commtmity member

-1880 LOC.--\L .-\..'-:D SPECIAL .--\CTS .-\..'-:D RESOLCTIO:\'S, \'OL. II
nominees for appointment to the commission. Commission members may also recommend nominees. '.\'ominees shall be requested to make a letter of application to the commission. '.\'ominees will be appointed pursuant to commission bylaws. The Cnited Way appointee will act as the temporary chair until all commission members are appointed.
(c) The criteria for the qualifications of community members shall include, but not be limited to, experience with the problems and needs of children, youth, and families; experience with sen-ice deliYery to children, youth, and families; a willingness to interact, cooperate, and compromise; and a deep commitment to soh-ing the needs of children, youth, and families as the first priority in the work of the commission.
(d) The fiye commtmity members appointed pursuant to subparagraphs (.--\) through (D) of paragraph (2) of subsection (a) of this section shall serYe a term of three years. These members may be reappointed for a second three-year term by the organizations they represent.
(e) One-third of the 12 commtmity members initially appointed pursuant to paragraph (3) of subsection (a) of this section shall sen-e a one-year term, one-third shall serYe a two-year term, and one-third shall serYe a three-year term . .--\11 future appointees shall sen-e a three-year term.
(f) If a commtmity member misses three consecutiYe meetings, the appointing body shall be asked to reYiew the appointment and to make a change in appointment, if necessary. .--\ny community member position that becomes Yacant for any reason will require a new appointment for the remainder of the term. The appointment process will be as prmided in subsection (a) of this section.
(g) Position members shall sene on the commission for the terms of the elected offices which thn hold and shall be replaced on the commission by their successors in these offices.
(h) \-lembers of the commission shall receiYe no compensation for sen-ing on the commission but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties.
SECTION 6.
Organization; meetings.
(a) The organizational meeting of the commission shall be called by the chairperson of the Board of Commissioners of Hall County after all appointments to the commission haYe been made. At the organizational meeting, the commission shall elect from among its community members a chairperson, Yice chairperson, and secretary-treasurer. The terms of office of such officers and all other matters relating to the organization and rules of procedure of the commission shall be as determined by the commission, except as otherwise proYided by subsections (b) and (c) of this section.

GEORGIA L\WS 1999 SESSIO'.'\

-1881

(b) Fifteen members of the commission shall constitute a quorum for the transaction of business. The powers and duties of the commission shall be transacted, exercised, and performed only pursuant to the affirmatiYe ,ote of at least a majority of a quorum. An abstention in \'oting shall be considered as that member's ,oting in the negati\'e on the matter before the commission.
(c) The commission shall meet not less than four times each calendar Year and at other times on the call of the chairperson of the commission. Ii{ the absence of the chairperson, the \'ice chairperson may call a meeting of the commission and preside at meetings thereof. In the absence of the chairperson and Yice chairperson, the secretary-treasurer may call a meeting of the commission and preside at meetings thereof. The chairperson or other officer of the commission authorized to call a meeting of the commission shall call other meetings upon a written request being made by eight or more members of the commission.
(d) The commission shall prepare and submit to the appointing bodies listed in subsection (a) of Section 5 of this Act at the end of each fiscal year or calendar year of the commission as appropriate, an annual report outlining the work of the commission and the results achie,ed thereby, an annual report of the state of the children, youth and families in the commtmity, and an independent audit of income and expenditure prepared in accordance with the requirements of Section 10 of this Act.
SECTION 7.
Purposes.
The commission is created for the following purposes:
(1) To de\'elop and adopt a Yision of success for children, youth, and families in the commtmity;
(2) To de\'elop and adopt in c01tjunction with the Georgia Policy Council for Children and Families a core set of goals for children, ,outh, and families that deals with the conditions described in ~ubsection (a) of Section 2 of this Act and other related conditions;
(3) To de\'elop and adopt, and from time to time amend, a comprehenshe plan for the Hall County community to deal effectiYely with the problems experienced by children, youth, and families in that community in order to achie,e the goals set in paragraph (2) of this section;
(4) To de\'elop and facilitate collaboration, coordination of sen-ices, and data integration among the public and priYate agencies, institutions, and organizations whose actions or inactions can affect the content and effectiYeness of the comprehensiYe plan;
(5) To coordinate, e\'aluate, and manage the implementation and carrying out of the comprehensi\'e plan deYeloped by the commission

-1882 LOCAL A:'\D SPECIAL ACTS .-\.,D RESOLCTIO:':S, \'OL. II
under paragraph (3) of this section and to proYide administratiYe senices and assistance in implementing and carrying out this plan:
(6) To contract or recommend and promote contracts with public and pri,ate agencies to proYide programs and senices to carry out the proYisions of the comprehensiYe plan deYeloped under paragraph (3) of this section and for the purposes of paragraph (-1) of this section:
(7) To facilitate b~- contract and collaboration the integration and coordination of programs and senices by public and pri,ate agencies to carry out the proYisions of the comprehensiYe plan;
(8) To ensure that the goals and comprehenshe plan deYeloped for the Hall County commtmit\ are consistent with the purposes of Article 12 of Chapter 5 of Title 49 of the O.C.G..-\., the "Georgia Policy Council for Children and Families ..\ct";
(9) To be an adrncate for the well-being of children, youth, and families in the Hall County commtmity;
(10) To serYe as a reYiew and recommending bodY to local goYernments on policies proposed by public agencies and institutions that relate to the ,rell-being of children. youth, and families;
(11) To allocate or redistribute funds from one agency to another onh. with written consent of the Hall Count\. Board of Commissioners and the GainesYille City Council; and
(12) To seek to arnid duplication of funding and senice delhery and to pro,ide funding and sen-ice equity consistent with the purposes of Chapter 70 of Title 36 of the O.C.G...\.
SECTION 8.
Powers to prO\ide senices.
To the extent that sen-ices and programs for children, youth, and families needed to carry out the proYisions of the comprehensiYe plan deYeloped by the commission under paragraph (3) of Section 7 of this .-\ct are not a,ailable or cannot be obtained by contract from public and prirnte agencies, the commission shall haYe the power to proYide such sen-ices and programs when necessary and desirable to achieYe goals and objectiYes of the comprehensiw plan. In all such instances, the commission shall seek to facilitate and expedite the transfer of responsibility for proYiding such serYices or programs to public or priYate agencies.
SECTION 9.
Powers and duties.
In addition to any other powers and duties proYiclecl for by this Act and in order for the commission to carry out its purposes as described in this .-\ct, the commission shall haYe the following powers and duties:

GEORGL-\ L-\WS 1999 SESSIO:\:

4883

(1) To haYe a seal and alter the same at its pleasure;
(2) To acquire, hold, and dispose ofin its own name by purchase, gift, lease, or exchange, on such terms and conditions and in such manner and by such instrument as it may deem proper, real and personal property of eYery kind, character, and description, but the commission shall not haYe the power to acquire any real or personal property by condemnation or eminent domain;
(3) To procure insurance against loss in connection with its property and other assets of the commission;
(4) To exercise the power proYided by Code Section 45-9-1 of the O.C.G.A, to procure policies of liability insurance or contracts of indemnity or to formulate sound programs for self-insurance to insure or indemnify members of the commission and its officers and employees against personal liability or damages arising out of the performance of their duties or in am wa, connected therewith to the extent that such members, officers, 01 emj)loyees are not immune from much liability;
(5) To make contracts and to execute all instruments necessary or c01n-enient in connection therewith;
(6) To adopt, alter, or repeal its mrn bylaws, rules, and regulations gmerning the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the commission may deem necessary or expedient in facilitating its business;
(7) To receiYe, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or senices with or without consideration, from any person, firm, corporation, foundation, or other entity or from the State of Georgia or any agency, instrumentality, or political subdiYision thereof or from the Lnited States or any agency or instrumentality thereof;
(8) To the extent that a contract between the commission and a
public or priYate agency prmides therefor, to act as an agent of such public or priYate agency in any matter coming within the purposes or powers of the commission;
(9) To select, appoint, and employ professional, administrathe, clerical, or other personnel and to contract for professional or other sen-ices and to allow suitable compensation for such personnel and sen-ices;
(10) To do all things necessary and co1wenient to carry out the powers and purposes of the commission which are expressly prmided for in this Act; and
(11) To keep suitable and proper books and records of all receipts, income, and expenditures of eYery kind and obtain an annual independent audit of income and expenditures.

4884 LOCAL AND SPECIAL ACTS A..'-:D RESOLCTIONS, \'OL. II
SECTION 10.
Members as trustees.
The members of the commission are trustees and shall be accountable in all respects to manage the funds and expenditures and direct the policies of the commission.
SECTION 11.
Charitable and public functions.
Because the commission will be performing Yaluable and charitable and public functions and purposes in the exercise of the powers conferred upon it, the commission shall not be required to pay taxes or assessments by the state or by any county, municipality, authority, or political subdiYision of the state upon any real or personal property acquired by it or upon its actiYities in the operation or maintenance of any facility maintained or acquired by it or upon any income receiYed by the commission. The said property, facilities, and income of the authority are exempt from le,~ and sale, garnishment, and attachment.
SECTION 12.
Federal taxation exemption.
The commission shall apply to the federal Internal ReYenue Senice for exemption from federal taxation pursuant to Section 501 (c) (3) of the Internal ReYenue Code of 1986.
SECTION 13.
Actions.
Any action brought against the commission shall be brought in the Superior Court of Hall County, and such court shall ha\'e exclusiYe original jurisdiction of such action.
SECTION 14.
Liberal construction.
Being for the welfare of the state and its inhabitants, this Act shall be liberally construed to effect the purposes of this Act.
SECTION 15.
EffectiYe date.
This Act shall become effecti\'e on July 1, 1999.
SECTION 16.
Repealer.
All laws and parts of laws in conflict with this Act are repealed.

GEORGL-\ L-\WS 1999 SESSIO:\'

4885

:'.'iOTICE OF I:\'TE:\'TIO:'.': TO I:'.':TRODCCE LOCAL LEGISLATIO:'.':
:\'otice is gi\en that there will be introduced at the regular 1999 session of the General Assembly of Georgia a Bill to Create the Hall County Community Partnership for Children and Families; to proYide for membership of the Commission; to proYide for powers and duties; to prmide for related matters; and for other purposes.
This 3rd day of March, 1999.
Boyd S. '.\1cLocklin Chief ExecutiYe Officer Georgia '.\fountains CommunitY SerYices
GEORGIA, FCLTO:\' COC:'.':TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clint Smith, who on oath deposes and says that he is the RepresentatiYe from the 19th District and further deposes and says as follows:
(1) That the attached :'.\:otice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on the following date: \!larch 3, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise pro,ided to the goyerning authority of any county, municipality, or consolidated gmernment whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goYerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
j_ The notice requirement of subsection (b) of Code Section 28-1-14
does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated goYernment or the bill affects a local school system.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was prmided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published,

4886 LOCAL .A.'-JD SPECIAL ACTS ASD RESOLCTIOr-.iS, \'OL. II
as required by Code Section 28-1-14.1.
s/ CLINT S\,UTH RepresentatiYe, 19th District
Sworn to and subscribed before me, this 15th day of \!larch, 1999.
s/ TERESA ADKINS '.\lotary Public, Clayton County, Georgia \tly Commission Expires Jan. 5, 2001 (SEAL)
ApproYed April 23, 1999.
CITY OF A\'ONDALE ESTATES - ~EW CHARTER.
No. 301 (Senate Bill :--:o. 243).
A.'.\' ACT
To proYide a new charter for the City of Arnndale Estates; to pro,ide for the name, corporate boundaries, and powers of the city and the goYerning authority; to proYide for the structure of the goYernment of the city; to proYide for a board of mayor and commissioners and the membership, officers, election, terms, qualifications, Yacancies, compensation, and expenses thereof; to prohibit conflicts of interest and holding other offices; to proYide for disclosures and ethics; to prO\ide for inquiries and inYestigations; to prO\ide for eminent domain; to proYide for meetings and rules of procedure; to proYide for quorums and Yoting; to proYide for ordinances, resolutions, emergencies, and codes of technical regulations; to proYide for a city manager and the appointment, remornl, powers, and duties thereof; to prohibit certain conduct; to prO\ide for a mayor pro tempore; to proYide for the powers and duties of the mayor; to proYide for administratiYe affairs and departments, boards, commissions, committees, and authorities; to proYide for a city attorney, city clerk/ treasurer, and other officials, officers, and employees; to pro,ide for position classification and pay plans and personnel policies; to proYide for a municipal court and the judges, jurisdiction, compensation, terms, powers, authority, rules, and other matters related to the court; to proYide for certiorari; to proYide for elections and remoYal; to prO\ide for financial affairs of the city and taxation, rtgulatory fees, and permits; to pro,ide for franchises; to prO\ide for sen-ice charges, special assessments, construction, and other taxes and fees; to prO\ide for bonds and loans; to proYide for contracts and leases; to proYide for a fiscal year and budgets; to proYide for audits, contracting procedures, and purchasing; to prO\ide for sale and lease of city property; to proYide for bonds of officials; to proYide for prior ordinances, existing personnel and officers, and pending matters; to prO\ide for construction;

GEORGL-\ L-\WS 1999 SESSIO:'\

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to proYide for seYerability; to repeal a specific .-\ct; to repeal conflicting la\\s; and for other purposes.
BE IT E:--.iACTED BY THE GE::\'ER--\L .-\SSEYIBLY OF GEORGL-\:
SECTION 1.10.
::\'ame.
This city and the inhabitants thereof are reincorporated by the enactment of this charter and are constituted and declared a body politic and corporate under the name and style Cit\' of .-\yondale Estates, Georgia, and by that name shall haYe perpetual succession.
SECTION 1.11.
Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effectiYe date of the adoption of this charter and are as more particularly described and set forth in Appendix .-\ attached hereto.
(b) The board of mayor and commissioners, as defined in Section 2.10 of this charter, may proYide for changes in Appendix A by ordinance to reflect lawful changes in the corporate boundaries.
(c) The city shall maintain an official map of the citY which accurateh depicts the corporate boundaries.
SECTION 1.12.
Powers and construction.
(a) This city shall ha\'e all po\\ers possible for a cit\' to haYe under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter, including, without limitation:
(I) Animal regulations. To regulate and to license or to prohibit the keeping or running at large of animals and fowl and to proYide for the impoundment of same if in Yiolation of any ordinance or la\,ful order; to proYide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as proYided by ordinance; and to proYide punishment for Yiolation of ordinances enacted under this charter;
(2) Appropriations and expenditures. To make appropriations for the support of the goYernment 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 proYide for the payment of expenses of the city;
(3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building,

4888 LOCAL .-\..,D SPECIAL ACTS .-\..,D RESOLCTio::,..;s, \'OL. II
housing, plumbing, electrical, gas, and heating and air-conditioning codes;
(-1) Business regulation and taxation. To le,~- and to proYide for the collection of regulatory fees and taxes on prhileges, occupations, trades, and professions as authorized bY the Official Code of Georgia ..\nnotated, or other such applicable laws as are or may hereafter be enacted, and other priYileges, occupations, trades, and professions; to permit and to regulate the same; to prmide for the manner and method of payment of such regulatory fees and taxes; and to re,oke such permits after due process for failure to pay any city taxes or fees;
(5) Condemnation. To condemn property, inside or outside the corporate boundaries of the city, for present or future use and for any corporate purpose deemed necessary by the goYerning authority, utilizing procedures enumerated in the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted;
(6) Contracts. To enter into contracts and agreements;
(i) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city, and to make and carry out all reasonable proYisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;
(8) E1wironmental protection. To protect and to presen-e the natural resources, e1wironment, and Yitai areas through the presen-ation and impro,ement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the enYironment;
(9) Fire regulations. To prescribe fire safety regulations, not inconsistent with law, relating to both fire pre,ention and detection and to fire fighting, and to prescribe penalties and punishment for Yiolations thereof;
(10) Garbage disposal and fees. To prmide for and to regulate the collection and disposal of garbage, rubbish, refuse, and trash; to proYide for the separate collection and disposal of recyclable materials; to leYy, fix, assess, and collect a garbage, refuse, rubbish, and trash collection and disposal, and other sanitary senice charge, tax, or fee for such sen-ices from all indiYiduals. firms, and corporations owning property or doing business in the city; to enforce the payment of such charges, taxes, or fees; and to proYide for the manner and method of collecting such charges, taxes. and fees;
(11) General health, safety, and welfare. To define, regulate. and prohibit any act, practice. conduct, or use of property which is

GEORGL\. L\WS 1999 SESSIO.!\'

4889

detrimental to health, sanitation, cleanliness, welfare, or safetv 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 proYide for the enforcement of such standards;
(14) Jail sentences and community sen-ice. To pro,ide that persons ghen jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to proYide for commitment of such persons to any jail; to prmide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; or to prmide for such other community sen-ice as the municipal court may deem appropriate;
(15) '.\fotor Yehicles. To regulate the operation of motor Yehicles and exercise control o\"er all traffic, including, without limitation, parking upon the streets, roads, alleys, walkways, and other areas of the city;
(16) ~lunicipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, committees, and agencies of the city and to confer upon such bodies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;
(17) ~lunicipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising re\"enue to carry out any project, program, or Yenture authorized by this charter or the laws of the State of Georgia;
(18) Ylunicipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or intangible property, in fee simple or any other interest, inside or outside the corporate boundaries of the city;
(19) Municipal property protection. To proYide for the preserYation 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 Yiolations thereof;
(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, without limitation, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants and facilities for the transportation of same, cable tele,ision and other telecommunications, transportation facilities,

4890 LOC.-\L .-\.'\D SPECIAL .-\CTS .-\.'\D RESOLL'TIO~S. \'OL. II
public airports, and any other public utility; and to fix the taxes, charges. rates. fares, fees, assessments, regulations, and penalties and to proYide for the withdrawal of sen-ice for refusal or failure to pay the same;
(21) ~uisance. To abate nuisances, whether public or priYate, on public or prirnte property;
(22) Penalties. To proYide penalties for Yiolation of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia;
(23) Planning and zoning. To prmide comprehensiYe city planning for deYelopment by zoning as the board of mayor and commissioners deems necessary and reasonable to ensure a safe. healtlw. and aesthetically pleasing commtmity and to proYide regulation for. subdiYision, historic preserYation. and all other purposes;
(2-l) Police and fire protection. To exercise all police powers, including. but not limited to, the power of arrest through duly appointed police officers and to establish, operate. or contract for police, fire-fighting, emergency medical senice, and all other public safety agencies;
(25) Public hazards; remoYal. To proYide for the destruction and remoYal of any building or other structure or condition which is dangerous or detrimental to the public;
(26) Public improYements. To proYide for the acquisition, construction, building, operation, and maintenance of all public imprmements, including. without limitation. public ways, public transportation, parks and playgrounds, recreational facilities. cemeteries, markets and market houses, public buildings, libraries, public l10using, airports, hospitals, terminals, docks. parking facilities, or charitable, cultural, educational. recreational, conserYation, sport, curatiYe, correcthe, detention, penal, and medical institutions. agencies, and facilities, inside or outside the corporate boundaries of the city; to regulate the use of public imprmements; ai1d. for such purposes, property may be acquired by condemnation utilizing the procedures enumerated in the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted;
(27) Public peace. To proYide for the pre,ention and punishment of drunkenness, riots, and public disturbances;
(28) Public utilities and sen-ices. To grant franchises or to make contracts for or impose taxes on public utilities and public sen-ice companies and to prescribe the rates, fares, regulations, and standards and conditions of senice applicable to the senice to be proYided by the franchise grantee or contractor, insofar as not in conflict with Yalid regulations of the Public Senice Commission;

GEORGI.-\ L\WS 1999 SESSIO~

-!891

(29) Regulation of roadside areas. To prohibit or to regulate and to control the erection, remoYal, 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, roads, and alleyways or within ,iew thereof, within or abutting the corporate boundaries of the city: and to prescribe penalties and punishment for Yiolation of such ordinances;

(30) Retirement. To pro,ide and to maintain a retirement plan for officers and employees of the city;

(31) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, paYe, curb, gutter, adorn with shade trees. 9r otherwise improYe, maintain, repair, clean, preYent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city: to grant franchises and rights of way throughout the streets and roads, and OYer the bridges, Yiaducts. and other public property for the use of public utilities; and to repair and maintain in a safe condition the walkways on public rights of way;

(32) Special areas of public regulation. To regulate or to 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, explosiYe, inflammable, and hazardous 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:

(33) Special assessments. To le,"\ and to pro,ide for the collection of special assessments to coYer the costs for any public imprmements:

(3-!) Taxes: ad Yalorem. To le,~ and to prmide for the assessment, Yaluation. re,aluation, and collection of taxes on all property subject to taxation:

(35) Taxes: other. To Jen- and to collect such other taxes as may be

allowed now or in the future by law:



(36) Taxicabs. To regulate and to license ,ehicles operated for hire in the citY; to limit the number of such ,ehicles: to require the operators thereof to be licensed; to require public liability insurance on such ,ehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such Yehicles;

(3i) Lrban redeYelopment. To organize and operate an urban recle,elopment program; and

4892 LOCAL .-\.~D SPECI.-\L ACTS .-\.,D RESOLCTIO!\'S, \'OL. II
(38) Other powers. To exercise and to enjoy all other powers, functions, rights, prhileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, c01wenience, education, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable 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 municipal goYernments under the laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclushe of others, nor restrictiYe 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.
(b) This city shall haYe all the powers of self-goYernment not otherwise prohibited by this charter or by law.
(c) The powers of this city shall be construed liberally in farnr 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.
Exercise of powers.
All powers, functions, rights, pri,ileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as proYided by this charter. If this charter makes no proYision, such shall be carried into execution as prmided by ordinance or as proYided by pertinent laws of the State of Georgia, as are or may hereafter be enacted.
ARTICLE II
GO\'ER'-:'.\IE::\"T STRCCTCRE
SECTION 2.10.
Board of mayor and commissioners; creation; number; election.
The legislatiYe authority of the gmernment of this city, except as otherwise specifically proYided in th is charter, shall be ,ested in a board of mayor and commissioners to be composed of a mayor and four commissioners and shall be known as the board of ma,or and commissioners. The board of mayor and commissioners established shall in all respects be a successor to and continuation of the goyerning authority under prior law. The mayor and commissioners shall be elected in the manner prmided by law and this charter.

GEORGI.-\ L\\\'S 1999 SESSIO~

4893

SECTION 2.11.
Board of mayor and commissioners; terms and qualifications for office.
The members of the board of ma\'01 and commissioners shall sen-e for terms of four n,us commencing on the first regular meeting in January of the year immediately following the year such commissioner or the mayor is elected and until the respecti,e successor is elected and qualified. ~o person shall be eligible to ser\'e as mayor or commissioner unless that person shall ha\'e been a resident of the city for a continuous 12 months prior to the date of qualification for election of mayor or commissioner; each shall continue to reside therein during that member's period of sen-ice and to be registered and qualified to ,ote in municipal elections of the city; and each shall not ha\'e been cmwicted of a felony at the time of qualification or during that member's period of senice.
SECTION 2.12.
\'acancy; filing of \'acancies.
(a) \'acancies - The office of ma,or or commissioner shall become \'acant upon the occurrence of any e\'ent. specified as constituting a \'acancy by the Constitution of the State of Georgia, the Official Code of Georgia Annotated, such other applicable laws as are or may hereafter be enacted, or this charter or should the mayor or commissioner no longer be qualified pursuant to this charter.
(b) Filling of \'acancies - ..\ \'acancy in the office of mayo1 or commissioner shall be filled for the remainder of the unexpired term by special election in accordance with Titles 21 and -15 of the Official Code of Georgia Annotated or such other laws as are or ma,. hereafter b\.' enacted.
SECTION 2.13.
Compensation and expenses.
The mayor and commissioners shall recei\'e compensation and expenses for their senices as pro\'ided by ordinance.
SECTION 2.14.
Conflicts of interest; holding other offices.
(a) Elected officials and appointed officers of the city are trustees and ser\'ants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents.
(b) Conflict of interest-~o elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(I) Engage in any business or transaction or ha\'e a financial or other personal interest, direct or indirect, including, but not limited to, any

4894 LOCAL A.". \'D SPECIAL ACTS .-\..'\JD RESOLCTIO:\'S, \'OL. II
business, transaction, or am such interest of an immediate familY member of such indiYidual.' which is incompatible with the prope~discharge of that elected official's, appointed officer's, or employee s official duties or \\hich ,rnuld tend to impair the independence of the elected official's, appointed officer's, or employee's judgment or action in the performance of those official duties;
(2) Engage in or accept priYate employment or render sen-ices for priYate interests when such employment or senice, including, but not limited to, those for or on behalf of an immediate familY member of such indiYidual, is incompatible with the proper discharge of that elected official's, appointed officer's, or employee s official duties or would tend to impair the independence of the elected official's, appointed officer's, or employee's judgment or action in the performance of those official duties;
(3) Disclose confidential information, including information obtained at meetings which are closed pursuant to the Official Code of Georgia Annotated, concerning the property, goyernment, or affairs of the goyernmental body by which the elected official, appointed officer, or employee is engaged \\ithout proper legal authorization or use such information to adYance the financial or other priYate interest of the elected official, appointed officer, employee, or others, including, but not limited to, an immediate family member of such indiYidual;
(4) Accept any Yaluable gift, whether in the form of sen-ice, loan, thing, or promise, from any person, firm, or corporation, including, but not limited to, a member of the immediate family of such indiYidual, \\hich to the elected official's, appointed officer's, or employees knmdedge is interested, directly or indirectly, in any manner whatsoeYer, in business dealings \\ith the city or any agency or political entity to " hich this charter applies; proYided, howeYer, that <\11 elected official \\ho is a candidate for public office may accept campaign contributions and senices in connection "ith any such campaign;
(5) Represent other priYate interests in any action or proceeding against this city or any portion of its goYernment, including, but not limited to, the pri,ate interests of an immediate family member; or
(6) \'ote or otherwise participate in the negotiation or in the making of am contract with am business or entitY in which the elected official, public officer, or empl~Yee, or any member of the immediate family of any such indiYiclual, has financial interest.
(c) Disclosure-Any elected official, appointed officer, or employee who shall haYe, or whose immediate famih member shall haYe, an\" financial interest, directly or indirecth, in am c~ntract or matter pending before or within any department of the city shall promptly disclose such interest to

GEORGIA L.\WS 1999 SESSION

4895

the board of mayor and commissioners. The mayor and any commissioner who has, or whose immediate family member has, a financial interest in any matter pending before the board of mayor and commissioners shall promptly disclose such interest and such disclosure shall be entered on the records of the board of mayor and commissioners, and the mayor or that commissioner shall disqualify himself or herself from participating in any discussion, decision, or Yote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall haYe, or whose immediate family member shall haYe, any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall promptlj disclose such interest to the goYerning body of such agency or entity and to the board of mayor and commissioners.
(d) Cse of public property-;\'o elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use or knowingly permit the use of property owned or leased by such gmernmental entity for personal benefit, conYenience, or profit except in accordance with policies promulgated by the board of mayor and commissioners or the gmerning body of such agency or entity.
(e) Contracts rnidable and rescindable-A.ny ,iolation of this section which occurs with the knmdedge, express or implied, of a party to a contract or sale shall render said contract or sale Yoidable at the option of the board of maYor and commissioners.
(f) Ineligibility of elected official-Except where authorized by law, neither the mayor nor any commissioner shall hold any other electiYe or compensated appointiYe office in the city or otherwise be employed by said goYernment or any agency thereof during the term for which that official ,ms elected. ;\'o former maYor and no former commissioner shall hold am compensated appointiYe office In or be an employee of the city until tw~ years after the expiration of the term for which the mayor or that commissioner was elected.
(g) Political actiYities of employees-'.'\o employee of the cit\' shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. '.'\o employee of the city shall continue in such employment upon election to any public office in this city or upon election to any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. '.'\o employee of the city may campaign for or on behalf of or contribute to a1w candidate for election to any public office in the city.
(h) Penalties for Yiolation-
( 1) Any elected official, appointed officer, or employee who knowingly conceals such financial interest or knowingly Yiolates any of the proYisions of this section shall be guilty of malfeasance in office or

4896 LOCAL .-\.~D SPECIAL ACTS .-\."\;D RESOLCTIO~S. \'OL. II

position and shall be deemed to ha,e forfeited immediateh- that

person's office or position.



(2) Any elected official, appointed officer, or employee of the city who shall forfeit an 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 gmernment for a period of three Years thereafter.

(i) Immediate family-For the purposes of this article, the term .. immediate famih,.. "member of the immediate famih-," .. immediate famih member," ~nd similar terms shall mean and include a1w one or more o'r the following persons: a parent, spouse, child, stepchilcl, brother, sister, grandparent, grandchild, parent-in-law. brother-in-la" sister-in-law, aunt, uncle, niece, or nephew of and any person residing with the respecti\'e elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies.

SECTION 2.15.

Inquiries and imestigations.

Following the adoption of an authorizing resolution, the board of mayor and commissioners may make inquiries and inYestigations 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 e\'idence..-\.ny person who falls or refuses to obey a lawful order issued in the exercise of these powers by the board of mayor and commissioners shall be punished as prmided by ordinance.

SECTION 2.16.

General power and authority of the board of mayor and commissioners.

Except as otherwise prmided by law or this charter, the board of mayor and commissioners shall be ,ested with all the powers of goYernment of this cit\'.

SECTION 2.17.

Eminent domain.

The board of mayor and commissioners is empmrered 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, curathe, correctiYe, detentional, penal, and medical institutions, agencies, and facilities and any other public imprmements inside or outside the city and to regulate the use thereof and, for such purposes, property may be con-

GEORGIA L\WS 1999 SESSIO~

489i

demned under procedures established under law applicable now or as pro\'ided in the future.
SECTION 2.18.
Regular and special meetings.
(a) The board of mayor and commissioners shall hold regular meetings at such times and places as shall be prescribed by ordinance.
(b) Special meetings of the board of mayor and commissioners may be held on call of the mayor or two commissioners. Notice of such special meetings shall be serYed on all other commission members in writing at least 24 hours in ad\'ance of the meeting. Such notice to commissioners shall not be required if the mayor and all commissioners are present when the special meeting is called. Such notice of any special meeting may be '"ai\'ed by a commissioner in \\Titing before or after such a meeting, and attendance at the meeting shall also constitute a wai\'er of notice on any business transacted in such commissioner's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the board of mayor and commissioners shall be open to the public in compliance "ith the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted.
SECTION 2.19.
Rules of procedure.
(a) The board of mayor and commissioners shall adopt its rules of procedure and order of business consistent with the pro\'isions of this charter and shall pro\'ide for keeping a journal of its proceedings, which shall be a public record.
(b) L'nless otherwise JXO\'ided by law or this charter, all committees shall be established and appointed by the board of mayor and commissioners, pro\'ided that the mayor may appoint committee chairs upon the ad\'ice and consent of the board.
SECTION 2.20.
Quorum; \'Oting.
Three members of the board of man>r and commissioners shall constitute a quorum and shall be authorized to transact business of the board of mayor and commissioners. \'oting on the adoption of ordinances, resolutions, and any other matter requiring a \'Ote of the board shall be by Yoice Yote and the \'Ote shall be recorded in the journal, but any member of the board of mayor and commissioners shall haYe the right to request a roll-call \'Ote and such \'Ote shall be recorded in the journal. The affirmati\'e \'Ote of three members present and \'Oting shall be required for the adoption of any ordinance, resolution, or motion.

4898 LOCAL .--\.'\iD SPECIAL .-\CTS .--\.'.:D RESOLL.TIO:'\S, \'OL. II
SECTION 2.21.
Ordinance form; procedures.
(a) EYery proposed ordinance shall be introduced in writing and in the appropriate form required for final adoption. :'\o ordinance shall address a subject which is not expressed in its title. The enacting clause shall be "Be it ordained bY the CitY of A,ondale Estates, as follows:" and eYerY ordinance shail so begin.
(b) An ordinance may be introduced bY am member of the board of mayor and commissioners and be read at a regular or special meeting of the board of mayor and commissioners. Ordinances shall be considered and adopted or rejected by the board of mayor and commissioners in accordance with the rules which it shall establish; proYided, howeYer, an ordinance shall not be adopted until such time that the ordinance has been read at three separate meetings of the board of mayor and commissioners, except for emergency ordinances prmided in Section 2.23 of this charter. Cpon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each commissioner and shall file a reasonable number of copies in the office of the clerk and at such other public places as the board of mayor and commissioners maY designate.
SECTION 2.22.
Action requiring an ordinance.
Acts of the board of maYor and commissioners which ha,e the force and effect of law shall be enacted bY ordinance.
SECTION 2.23.
Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the board of mayor and commissioners may con\"ene on call of the mayor or two commissioners and promptly adopt an emergency ordinance, but such ordinance may not le,y taxes; grant, rene\\, or extend a franchise; regulate the rate charged by any public utility for its sen-ices; 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. The affirmatiYe \"Ote of three members of the board of mayor and commissioners shall be required for adoption. It shall become effecthe upon adoption or at such later time as it may specify. An emergency

GEORGI.-\ L--\\-\'S 1999 SESSIO:\'

--1899

ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with the Official Code of Georgia .--\nnotated or such other applicable laws as are or may hereafter be enacted.
SECTION 2.24.
Codes of technical regulations.
(a) The board of mayor and commissioners may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements goyerning such adopting ordinance shall be as prescribed for ordinances generally except that: (I) the requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regitlations, 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 city clerk pursuant to Section 2.25 of this charter.
(b) Copies of any adopted code of technical regulations shall be made a,ailable by the city clerk for inspection by the public.
SECTION 2.25.
Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerk s signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the board of mayor and commissioners.
(b) The board of mayor and commissioners shall proYide for the preparation of a general codification of all the ordinances of the city ha,ing the force and effect of law. The general codification shall be adopted by the board of mayor and commissioners 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 board of mayor and commissioners may specify. This compilation shall be known and cited officially as "The Code of City of .--\rnndale Estates, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of tht: city and made aYailable for purchase by the public at a reasonable price as fixed by the city manager.
(c) The board of 1ml\'or and commissioners 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

-1900 LOCAL .-\'.'\D SPECIAL .-\CTS .-\...'\'D RESOLL'TIO:'-:S, \'OL. II
made aYailable for purchase bY the public at reasonable prices to be fixed by the board of mayor and commissioners. 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 manager shall make such further arrangements as 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.
SECTION 2.26.
CitY manager; appointment; qualifications; compensation;
The board of mayor and commissioners shall appoint a city manager for an indefinite term and shall fix the city manager"s compensation. The city manager shall be appointed on the basis of executiYe, administrathe, and educational qualifications.
SECTION 2.27.
RemoYal of city manager.
The city manager is emploYed at "ill and may be summarily remoYed from office at any time by the affirmati,e Yote of a majority of the board of mayor and commissioners at a regular meeting or at a special meeting called for that purpose.
SECTION 2.28.
Acting city manager.
By letter filed ,,ith the cit, clerk, the city manager may designate, subject to approYal of the board of ma,or and commissioners, a qualified city administrati,e officer to exercise the powers and perform the duties of city manager during the citY manager's temporary absence or physical or mental disabilitY. During such absence or disability, the board of mayor and commissioners may reYoke any such designation at any time and may at any time appoint any officer or employee of the city to serYe until the city manager shall return or the city manager's disability shall cease.
SECTION 2.29.
Powers and ditties of the city manager.
The city manager shall be the chief executi,e and administratiw officer of the city. The city manager shall be responsible to the board of mayor and commissioners for the administration of all city affairs placed in the city manager's charge by or under this charter. .-\s the chief executiYe and administrati,e officer, the citY manager shall:
(1) .-\ppoint and, when the citY manager deems it necessan for the good of the city. suspend or remoYe all city employees and adminis-

GEORGI.-\ L\.\\'S l 999 SESSIO'.'\

-1901

tratiYe officers the city manager appoints, except as otherwise pro,ided by law or personnel ordinances adopted pursuant to this charter; and the city manager may authorize any administrati,e officer who is subject to the city manager's direction and superYision to exercise those powers " ith respect to subordinates in that officers department, office, or agency;
(2) Direct and supenise the administration of all departments, offices, and agencies of the city, except as otherwise prmided by this charter or by law;
(3) Attend all board of mayor and commissioners meetings except for closed meetings held for the purposes of deliberating on the appointment, performance eYaluation, discipline, or remoYal of the city manager and haYe the right to take part in discussion but haYe no ,ote;
(-l) See that all laws, pn)\'isions of this charter, and acts of the board of mayor and commissioners, subject to enforcement by the city manager or by officers subject to the city manager's direction and superYision, are faithfully executed;
(5) Prepare and submit the annual operating budget and capital budget to the board of mayor and commissioners;
(6) Submit to the board of mayor and commissioners and make aYailable to the public a complete report of the finances and administrati\'e actiYities of the city as of the end of each fiscal year;
(i) ~lake such other reports as the board of mayor and commissioners may require concerning the operations of city departments, offices, and agencies subject to the city managers direction and supen-ision;
(8) .-\ct as purchasing agent of the city and purchase all materials, supplies, and equipment for the conduct of the business of the city;
(9) Keep the board of mayor and commissioners fully adYised as to the financial condition and future needs of the cit\' and make such recommendations to the board of maYor and commissioners concerning the affairs of the city as the city 1~1anager deems desirable; and
( l 0) Perform other such duties as are specified in this charter or as may be required by the board of mayor and commissioners.
SECTION 2.30.
Commission interference with administration .
Except for the purpose of inquiries and i1westigations under Section '2 .1:'> of this charter, the board of manw and commissioners or the members of the board of maYor and comn~issioners shall deal with cin officers and employees who ~re subject to the direction and superYisi~m of the citY

4902 LOCAL .--\:'\D SPECIAL .--\CTS .-\...'\'D RESOLL'TIO~S, \'OL. II
manager solely through the city manager, and neither the board of mayor and commissioners nor am member of the board of maYor and commissioners shall giYe orders to ~ny such officer or employee, either publicly or priYately. Said board shall exercise its pO\rers in session, duly assembled, and no member or group of members thereof shall otherwise attempt to exercise the powers conferred upon the board.
SECTION 2.31.
Selection of man>r pro tempore.
The board of man>r and commissioners shall elect a commissioner to sene as mayor pro tempore, who shall sene at the pleasure of the board of mayor and commissioners. The mayor pro tempore shall continue to Yote and otherwise participate as a commissioner.
SECTION 2.32.
:\Iayor pro tempore.
During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore. or in the mayor pro tempores absence or disabilitY for an\' reason. a11Y one of the commissioners chosen bY a majori~: rnte of the board or"maYor and commissioners, shall be clotl~ed with all the rights and priYileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disabili~ shall continue . .--\ny such absence or disabilitY shall be declared by majori~ rnte of all commissioners. The mayor pro tempore or selected commissioner shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as proYided in Section 2.14 of this charter.
SECTION 2.33.
Powers and duties of maYor.
The man>r shall:
(I) Preside at all meetings of the board of mayor and commissioners;
(2) Be the head of the city for the purpose of sen-ice of process and for ceremonial purposes and be the official spokesperson for the ci~and the chief adnKate of polin-:
(~) H,n-e the pml"er to administer oaths, issue proclamations. and take affidaYits;
(-1-) Sign as a matter of course on behalf of the city all written and apprmed contracts. ordinances. and other instruments executed by the city which by law are required to be in writing;
(:'>) \'ote on matters before the board of maYor and commissioners and be counted tmrnrd a quorum as any other commission member;

GEORGI...\ L..\WS 1999 SESSIO;\'

4903

(6) Fulfill such other duties as the board ofmaYor and commissioners shall by ordinance or resolution establish; and
(7) Perform such other duties and exercise such other powers as are othen,ise proYided by law and this charter.
...\RTICLE III
...\D\11::\'ISTR...\TI\'E ...\FF...\IRS
SECTION 3.10.
...\dministratiYe and senice departments.
(a) Except as otherwise prmided in this charter, the board of mayor and commissioners, by ordinance, shall prescribe the functions or duties and establish, abolish, alter, consolidate, or lea,e Yacai1t all nonelectiYe offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and goYernment of the citY.
(b) Except as othendse proYided by this charter or by law, the heads of departments and other appointed officers of the city shall be appointed, in the manner set forth below, solely on the basis of their respecthe administratiYe and professional qualifications.
(c) ...\11 appointed officers and heads of departments shall recei,e such compensation as prescribed by ordinance.
(d) There shall be a head of each department or agency who shall be its principal officer. Each principal officer shall, subject to the direction and superYision of the city manager as set forth belmr, be responsible for the administration and direction of the affairs and operations of that department or agency.
(e) ...\11 appointed officers under the supenision of the city manager shall be nominated by the city manager with confirmation of appointment by the board of mayor and commissioners, and heads of departments under the superYision of the city manager shall be selected by the city manager. ...\11 appointed officers and department heads shall be employees at will and subject to remoYal or suspension at any time by the city manager unless otherwise proYided by la\\ or ordinance.
SECTION 3.11.
Boards. commissions, committees. and authorities.
(a) The board of maYor and commissioners shall create bY ordinance or resolution such board.s, commissions, committees, and auth.orities to fulfill any inYestigatiYe, quasi:iudicial, or quasi-legislatiYe function the board of mayor and commissioners deems necessary and shall by ordinance or

-190-t- LOCAL A:--:D SPECIAL .-\(TS .-\..'\D RESOLCTio:--:s. \'OL. II

resolution establish the composition. period of existence, duties, and po\\ers thereof.

(b) .-\11 members of boards. commissions. committees, and authorities of the cit, shall be appointed by the board of mayor and commissioners for such terms of office and in such manner as shall be proYided by ordinance or resolution. except where other appointing authority. terms of office. or manner of appointment is prescribed by this charter or by law.

(c) The board of man>r and commissioners. by ordinance or resolution, maY proYide for the compensation and reimbursement for actual and necessary expenses of the members of am board, commission, committee, or authoritY.

(d) Except as otherwise prodded by charter or by law, no member of any

board, commission, comnJittee, or authoritY shall hold am electiYe office

in the citY.





(e) .-\in ,ac.mn on a board, commission, committee, or authoritY of the city shaII be fill~d ti.>r the unexpired term in the manner prescribecl in this charter or such ordinance or resolution for original appointment, except as othen\'ise prmided by this charter or by law.

(f) Except as otherwise pro,ided by this charter or b, law, each board, commission. committee, or authoritY of the citY shall elect one of its members as chair and one member as ,ice ch,{ir, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, committee, or authority of the city goYernment mm establish such bylaws, rules. and regulations, not inconsistent with this charter. ordinances of the cit,, or law, as it deems appropi-iate and necessary ti.>r the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the citY clerk.

SECTION 3.12.

Cit\. attornn..
The board of mayor and commissioners shall appoint a city attorney, together with such assistant city attorneys as maY be authorized, each of whom shall be a member in good standing of the State Bar of Georgia. and shall pro,ide for the payment of such attorney or attorneys for senices rendered to the citY. The cit\ attorney and assistants shall serYe at the pleasure of the boa,:d of may~r and coinmissioners, and the city attorney shall be responsible for proYiding for the representation and defense of the ci~ 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 board of man>r and commissioners as directed; shall adYise the board of man>r and coriunissioners. mm-or, and other otlicers and emplmees of the ci~ concerning legal asJ)ects of the citY's affairs: and shall perform such other duties as may be required by ,irtue of the person's position as ci~ attorney.

GEORGL\ L-\WS 1999 SESSIO::'\

4905

SECTION 3.13.

City clerk/ treasurer.

The city manager shall appoint a city clerk/ treasurer (referred to through-

out this charter as the city clerk") who shall not be an elected officer of

the

citY. .

The

citY.

clerk

shall

be

custodian

of

the

official

citY.

seal

and

citY ,

records; maintain board of mayor and commissioners records required by

this charter; and report to and perform such other duties as ma, be

required by the city manager.

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 board of mayor and commissioners for approYal. Such plan shall apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. \-\11en a pay plan has been adopted. the board of mayor and commissioners 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 3.15.

Personnel policies.

.-\II employees serYe at will and may be remoYed from office at any time unless otherwise prmided by ordinance.

.-\RTICLE I\'

JCDICL-\L BR-\.'\;CH

SECTION 4.10.

Creation; name.

There shall be a court to be known as the ~hmicipal Court of the City of .-\,ondale Estates, Georgia.

SECTION 4.11.

Chief judge; associate judge; city solicitor.

(a) The municipal court shall be presided oYer by a chief judge and such part-time, full-time, or stand-by judges as shall be proYided by ordinance.

(b) ::'\o person shall be qualified or eligible to serYe as a judge or solicitor of the municipal court unless that person shall be a member in good standing of the State Bar of Georgia and shall possess all qualifications required by law. .-\11 judges and solicitors shall be appointed by the board

-!906 LOCAL .-\..'\'D SPECIAL ACTS .-\..'\'D RESOLL'TIO.:'\S. \'OL. II
of mayor and commissioners and shall serYe at will and mav be remmed from ~)ffice at an\.' time b,. the board of ma,.or and commissioners.
(c) Compensation of all judges and solicitors shall be fixed by the board of maYor and commissioners.
(d) Before assuming office. each judge or solicitor shall take an oath, ghen by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of his or her ability and without fear, fayor, or partiality. The oath shall be entered upon the minutes of the board of m,nur and commissioners journal required in Section 2.19 of this charter.
SECTION 4.12.
ConYening.
The municipal court shall be comened at regular intenals as prmided by ordinance.
SECTION 4.13.
Jurisdictions: powers.
(a) The municipal court shall try and punish Yiolations of this charter, all city ordinances, and such other Yiolations as permitted by law.
(b) The municipal court shall haYe authorin to punish for contempt. prmided that such punishment shall not exceed those limits c>stablished by the Official Code of Georgia Annotated as applicable to municipal courts, by both fine and imprisonment.
(c) The municipal court may fix punishment for offenses within its jurisdiction.
(d) The municipal court shall haYe authority to establish a schedule offees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound mer to superior courts for ,iolations of state law.
(e) The municipal court shall h,l\'e authority to establish bail and recognizances to ensure the presence of those charged with ,iolations before said court and shall h,n-e discretionary authority to accept cash or personal or real propern as surety for the appearance of persons charged with Yiolations. \rheneYer any person shall giye bail for that person's appearance and shall fail to appear at the time fixed for trial. the bond shall be forfeited b, t:,e judge presiding at such time and an execution issued thereon b~ ser\'ing the defendant and the defendant's sureties with a rule nisi at least nrn daYs before a hearing on the rule nisi. In the e,ent that cash or property is ,1ccepted in lieu of bond for securin 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 hme a lien

GEORGI.-\. L-\WS 1999 SESSIO:"\

-1907

against it for the ,alue forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.

(f) The mtmicipal court shall h,we the same authoritY as superior courts to compel the production of eYidence in the possession of any partY; to enforce obedience to its orders. judgments. and sentences; and to administer such oaths as are necessan.

(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

sened

and

executed

bY.

arn officer ,

as

authorized

b,.

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 am ordinance of the city. and each judge of the mtmicipal court shall haYe the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

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 Yiolation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of DeKalb County. Georgia. under the laws of the State of Georgia 1egulating the granting and issuance of writs of certiorari.

SECTION 4.15.

Rules for court.

With the apprmal of the board of mayor and commissioners. the judge shall haYe full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; proYided. howe,er. that the board of ma~or and commissioners may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be aYailable for public inspection, and, upon request. a copy shall be promptly furnished to all defendants in municipal court proceedings.

ARTICLE\'

ELECTIO~S .\.,D RE\1O\'.-\L

SECTION 5.10.

Applicability of law.

All elections shall be held and conducted in accordance with the Official Code of Georgia Annotated as now or hereafter amended.

4908 LOCAL .-\.'-iD SPECIAL ACTS .-\.'-iD RESOLL'TIO'.'\S, \'OL. II
SECTION 5.11.
Election of the board of may. or and commissioners and maY. or.
(a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first '.\-londay in '.':oYember.
(b) There shall be elected two commissioners at one election and at eyen other election thereafter. The two remaining seats for commissioner and the seat for mayor shall be filled at the election alternating with the first election so that a continuing body is created, pro,ided that the first such election of t\rn commissioners and mayor pursuant to this section shall be held in '.':O\ember 1999.
SECTION 5.12.
~onpartisan elections,
'.'\o primaries shall be conducted for city offices and all names of candidates for city offices shall be listed without party designations or incumbency.
SECTION 5.13.
Election by plurality.
The person recei,ing a plurality of the rntes cast for any city office shall be elected.
SECTION 5.14.
Special elections; ,acancies.
In the e,ent that the office of commissioner or mayor shall become yacant as prO\:ided in Section 2.12 of this charter, the board of mayor and commissioners or those remaining shall order a special election to fill the balance of the unexpired term of such official; proYided, howeYer, the special election shall be held and conducted in accordance with the Official Code of Georgia Annotated, as now or hereafter amended.
SECTION 5.15.
Other proYisions.
Except as otherwise prO\ided by this charter, the board of mayor and commissioners shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the appropriate proYisions of the Official Code of Georgia Annotated, as now or hereafter amended.
SECTION 5.16.
RemO\al of members of the board of mayor and commissioners.
The mayor, commissioners, or appointed officers prodded for in this charter shall be remO\ed from office for any one or more of the causes

GEORGIA L\\\'S 1999 SESSIO'.'\

-1909

prmided in the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted or as prcwided in this charter.
ARTICLE \1
Fl'.'\...\.,CE
SECTION 6.10.
Property tax.
The board of mayor and commissioners may assess, le,:, and collect an ad ,alorem 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 reYenues to defray the costs of operating the city gmernment, of proYiding goYernmental sen-ices. for the repayment of principal and interest on general obligations. and for any other public purpose as determined by the board of mayor and commissioners in its discretion.
SECTION 6.11.
\tillage rate; due dates; payment methods.
The board of mayor and commissioners, 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 board of mayor and commissioners, by ordinance, may proYide for the payment of these taxes by installments or in one lump sum, as well as authorize the n>hmtary payment of taxes prior to the time when due.
SECTION 6.12.
Occupation and business taxes.
The board of mayor and commissioners by ordinance shall haYe the power to le,: such occupation or business taxes as are not denied by law. The board of mayor and commissioners may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be hmful and may compel the payment of such taxes as pro,ided in Section 6.18 of this charter.
SECTION 6.13.
Regulatory fees; permits.
The board of mayor and commissioners by ordinance shall haYe the power to require businesses or practitioners doing business within this city to obtain a permit for such actiYity from the city and pay a reasonable regulatory fee for such permit as proYided by law. Such fees shall reflect the

4910 LOCAL A.~D SPECIAL ACTS ..\..'\'D RESOLCTIO!\:S, \'OL. II
total cost to the city of regulating the actiYity and, if unpaid, shall be collected as proYided in Section 6.18 of this charter.
SECTION 6.14.
Franchises.
(a) The board of mayor and commissioners shall haYe the power to grant franchises for the use of the city streets, alleys, and other public property for the purposes of railroads, street railways, public transportation, telephone companies, electric companies, electric membership corporations, cable teleYision and other telecommunications companies, gas companies, transportation companies, and other organizations. The board of mayor and commissioners shall determine the duration, terms, whether the same shall be exclusiYe or nonexclusiYe, and the consideration for such franchises; pro,ided, howe,er, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receiYes just and adequate compensation therefor. The board of mayor and commissioners shall proYide for the registration of all franchises with the city clerk in a registration book maintained by the city clerk for that sole purpose. The board of mayor and commissioners may proYide by ordinance for the registration within a reasonable time of all franchises preYiously granted.
(b) If no franchise agreement is in effect, the board of mayor and commissioners has the authority to impose a tax on gross receipts for the use of the city streets, alleys, and other public property for the purposes of railroads, street railways, public transportation, telephone companies, electric companies, electric membership corporations, cable teleYision and other telecommunications companies, gas companies, transportation companies, and other organizations.
SECTION 6.15.
Senice charges.
The board of mayor and commissioners bY ordinance shall ha\'e the power to assess and collect fees, charges, and tolis for sewers, sanitary and health sen-ices, or any other sen-ices prmided or aYailable within and outside the corporate limits of the city for the total cost to the city of proYiding or making a,ailable such sen-ices. If unpaid, such charges shall be collected as proYided in Section 6.18 of this charter.
SECTION 6.16.
Special assessments.
The board of ma\'or and commissioners b\' ordinance shall haYe power to assess and collect the cost of constructing, reconstructing, widening, or improYing any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners

GEORGI.-\ L-\WS 1999 SESSIO:\'

-1911

under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as proYided in Section 6.18 of this charter.
SECTION 6.17.
Construction; other taxes and fees.
The city shall be empowered to le,y any other tax or fee 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 the city to goYern its local affairs.
SECTION 6.18.
Collection of delinquent taxes and fees.
The board of mayor and commissioners, by ordinance, may proYide generally for the collection of delinquent taxes, fees, or other reYenue due the city under Sections 6.10 through 6.17 of this charter by whate\'er reasonable means as are not precluded by law, including, without limitation, proYiding for the dates when the taxes, fees, and other reYenues are due; late penalties and 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; reYoking city permits for failure to pay any city taxes or fees; and proYiding for the assignment or transfer of tax executions.
SECTION 6.19.
General obligation bonds.
The board of mayor and commissioners shall haYe the power to issue bonds for the purpose of raising reYenue to carry out any project, program, or Yenture authorized under this charter or the laws. Such bonding authority shall be exercised in accordance with the laws goYerning bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20.
ReYenue bonds.
ReYenue bonds ma\' be issued bY the board of maYor and commissioners as law now or hereaft~r proYides. Such bonds shallbe paid solely out of any re\'enue produced by the project, program, or Yenture for which the bonds 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 proYided by law.

-!912 LOC.-\L .-\.,D SPECI.-\L ACTS .-\.,D RESOLL'TIO~S. \'OL. II
SECTION 6.22.
Lease-purchase contracts.
The citY may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal propertY, sen-ices, and supplies, proYided the contract terminates without further obligation on the part of the city at the close of the calendar year in "hich it was executed and at the close of each succeeding calendar year for which it ma, be renewed. Contracts must be executed in accordance with the requirements of the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23.
Fiscal Year.
The board of maY. or and comm1ss1oners shall set the fiscal Year bY. ordinance. This fiscal ,ear shall constitute the budget year and the year for financial accounting and reporting of each and eYery office, department, agency, and acthitY of the city.
SECTION 6.24.
Preparation of budgets.
The board of mayor and commissioners shall prmide bY ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improYement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25.
Submission of operating budget to board of mayor and commissioners.
On or before a date fixed bY the board of maYor and commissioners no later than 120 days prior the beginning of each fiscal year, the city manager shall submit to the board of mayor and commissioners 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 smnmary of the budget, and other pertinent comments and information. The operating budget and the capital budget prmided for in Section 6.29 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

GEORGIA L\WS 1999 SESSIO'.\

-1913

SECTION 6.26.
Action by board of mayor and commissioners on budget.
(a) The board of mayor and commissioners may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must proYide for all expenditures required by state law or by other proYisions of this charter and for all debt sen-ice requirements for the ensuing fiscal year, and the total appropriations from am fund shall not exceed the estimated fund balance, reser\'es, and re\'enues.
(b) The board of mayor and comm1ss1oners shall enact an ordinance adopting the final operating budget for the ensuing fiscal year not later than the last da\.' of the last month of each fiscal Y. ear. If the board of ma\.'or and commissioners fails or refuses to adopt the operating 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 board of mayor and commissioners adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated reYenues in detail by sources and making appropriations according to fund and by organizational unit, purpose. or acti\'ity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 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 allotment thereof to which it is chargeable.
SECTION 6.27.
Tax leYies.
The board of ma\.'or and commissioners shall Ie,v. b\.' ordinance such taxes as are necessan-. The taxes and tax rates set b\' such ordinance shall be such that reasonabi"e estimates of reYenues fr01~1 such lew shall at least be sufficient, together with other anticipated re\'enues, f~md balances, and applicable resen-es, to equal the total amount appropriated for each of the seYeral funds set forth in the annual operating budget for defraying the expenses of the general go\'ernment of the city.
SECTION 6.28.
Changes in appropriations.
The board of mayor and commissioners 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

4914 LOCAL .-\.'\D SPECI.-\L ACTS A.'\D RESOLCTIO'.'\S, \'OL. II
purpose, but any additional appropriations mav be made onh from an existing unexpended surplus.
SECTION 6.29.
Capital budget.
(a) On or before the date fixed by the board of mayor and commissioners but no later than 120 days prior to the beginning of each fiscal year, the city manager shall submit to the board of mayor and commissioners a proposed capital imprmements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The board of mayor and commissioners shall have the power to accept, with or without amendments, or reject the proposed plan and proposed budget. The board of mayor and commissioners shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such projects are included in the capital budget or added by amendment to meet a public emergency as prm-ided in Section 2.23 of this charter.
(b) The board of mayor and commissioners shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than December 31 of each year. '.'\o appropriation provided for in a prior capital 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 budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30.
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 board of mayor and commissioners. The audit shall be conducted according to generally accepted auditing principles and in accordance with state law. Any audit of any funds by the state or federal governments may be accepted as satisf\ing the requirements of this charter. Copies of annual audit reports shall be available to the public from the city clerk and at a price in accordance with all applicable state law.
SECTION 6.31.
Contracting procedures.
'.'\o contract with the city shall be binding on the city unless:
(1) It is in writing;

GEORGIA L\WS 1999 SESSIO;'\'

4915

(2) It is drawn by or submitted to and reYiewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or reYiew; and
(3) It is made or authorized by the board of mayor and commissioners and such apprmal is entered in the city journal of proceedings pursuant to Section 2.19 of this charter.
SECTION 6.32.
Centralized purchasing.
The board of maYor and commissioners shall prmide for a s,stem of centralized purchasing for the city.
SECTION 6.33.
Sale and lease of city property.
(a) The board of mayor and commissioners may sell and c01wey or lease any real, personal, or tangible property owned or held by the city for gmernmental or other purposes as now or hereafter prmided by law.
(b) The board of mayor and commissioners may quitclaim any rights it may haYe 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 in the property has no readily ascertainable monetary mine.
(c) \i\11ene,er in opening, extending, or widening any street, aYenue, 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 board of mayor and commissioners may authorize the city manager to sell and c01wey said cut off or separated parcel or tract of land to an abutting or adjoining property owner or mmers where such sale and c01weyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a prmision for the rights of way of said street, aYenue, alley, or public place. Each abutting property owner shall be notified of the aYailability of the property and gi,en the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and c01weyances heretofore and hereafter so executed and deliYered shall comey all title and interest the city has in such property, notwithstanding the fact that no public sale after adYertisement was or is hereafter made.

4916 LOCAL AND SPECIAL ACTS .-\..'\'D RESOLL'TIOl\'S, \'OL. II
ARTICLE \11
GE~ER-\L PRO\1SIO:'\S
SECTION 7.10.
Bonds for officials
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the board of mayor and commissioners shall, from time to time, require by ordinance or as may be proYided by la"
SECTION 7.11.
Prior ordinances.
All prior unrepealed ordinances, resolutions, rules, and regulations not inconsistent with this charter are declared rnlid and of full effect and force until amended or repealed by the board of mayor and commissioners.
SECTION 7.12.
Existing personnel and officers.
Except as specifically proYided otherwise by this charter, all personnel and officers of the city and their rights, priYileges, and powers shall continue beyond the time this charter takes effect for a period of 180 days before or during which the existing board of mayor and commissioners shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, priYileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13.
Pending matters.
Except as specifically proYided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrathe proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be pro,ided by the board of mayor and commissioners.

GEORGIA LAWS 1999 SESSIO'.\'

49li

SECTION 7.14.
Construction.
(a) Section captions in this charter are infonnati..-e only and are not to be considered as a part thereof.
(b) The word "shall" is mandatory and the word "may" is permisshe.
(c) The singular shall include the plural, the masculine shall include the feminine, and ..-ice Yersa.
SECTION 7.15.
Se..-erabilitY.
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be i1n-alid or unconstitutional, such imalidity 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 i1walid or unconstitutional, it being the legislatiYe intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
SECTION 7.16.
Specific repealer.
An ..\ct creating the City of Arnndale Estates, appro..-ed August 25, 1926 (Ga. L. 192i, p. 813), as amended, is repealed in its entirety.
SECTION 7.17.
General repealer.
All laws and parts of laws in conflict with this ..\ct are repealed.
APPENDIX A CORPORATE BOCNDARIES OF CIIT OF AVONDALE ESTATES, GEORGIA
The said corporate limits of the City of Arnndale Estates shall embrace the territory within the following boundary to wit: beginning at the northwest corner of Land Lot 21 i of the 15th district of originally Henry, now DeKalb County, Georgia, thence northwesterly along the northeasterly line of Lot

4918 LOCAL A..~D SPECIAL ACTS A.'\JD RESOLCTIOJ\;S, \'OL. II
37, Block A, Forrest Hills, Second Addition, as per plat recorded in Plat Book 14, page 89, DeKalb County Records, two hundred ten feet (210') to the corner formed by the intersection of the southerly side of Wiltshire DriYe and the easterly side of Forrest BouleYard, if extended; thence easterly along the southerly right-of-way line of Wiltshire DriYe one hundred eighty-six feet (186'), more or less, to the northeasterly corner of Lot 39, said block and subdi,ision; thence north one thousand nine hundred forty-fae feet (l,945') parallel with the west line of said Land Lot 232 and one hundred fiye feet (105') east therefrom to a point; thence west four feet (4') to the easterly right-of-way line of Forrest Boule,ard; thence in a northerly direction along the easterly right-of-way line of Forrest Boule\'ard fiye hundred ninety-four feet (594') to the intersection of the easterly right-of-way line of Forrest BouleYard with the southerly line of Land Lot 248 of the 15th District of originally Henry, now DeKalb County, Georgia; thence west along the south line of Land Lot 248 fiye hundred thirty-nine feet (539'), more or less, to the southwesterly corner of property formerly owned by W. R. Hill; thence north, eight degrees and thirty minutes west one thousand two hundred fifty-nine feet (1,259') along said Hill line to a point, which point is two hundred twenty-fiye feet (225') southeasterly of North Arnndale Road/ East College A,enue/ CS 278; thence in a westerly direction at aninterior angle of eighty-nine degrees twenty-four minutes with the preceding call, a distance of three hundred se\'enty feet (370') to a point; thence in a northwesterly direction at an interior angle of one hundred degrees thirty-seYen minutes with the preceding call, a distance of two hundred thirty feet (230') to an iron pipe on the south side right-of-way line of East College AYenue/ CS 278; thence westerly along said right-of-way line of East College Axenue/ CS 278, a distance of four hundred seYenty-fiye feet (-175') to a point, which point is directly opposite the westerly right-of-way line for Ylaple Street, if extended; thence in a northerly direction crossing East College AYenue/ CS 278 and following the westerly line of Maple Street a distance of sixhundred fifty feet (650'), more or less, to a point at the southerly right-of-way line of the Georgia Railroad; thence continuing in a northerly direction following the westerly line of yfaple Street, if extended, a distance of two hundred feet (200'), more or less, to a point at the northerly right-of-way line of the Georgia Railroad; thence continuing in a northeasterly direction along said northerly right-of-way line a distance of two thousand ninety feet (2,090'), more or less, to its intersection with the easterly right-of-way line of Oak Street (40' right-of-way), if extended; thence in a southerly direction along the easterly right-of-way line of Oak Street, if extended, a distance of fiye hundred four and fifty-three hundredths feet (504.53'), more or less, to a point at the intersection of said right-of-way line and the original designated centerline of Green Street (ne\'er opened, right-of-way neYer dedicated); thence in an easterly direction along the southerly property line of the Georgia Duck and Cordage

GEORGI.-\ L\WS 1999 SESSIO);'

4919

:Vlill a distance of two hundred and sixteen hundredths feet (200.16'), more or less, to the intersection of this property line and westerly right-of-way line of Lake Street (-10' right-of-way), were Lake Street extended in a straight line to intersect with said property line; thence in a southerly direction along said westerly right-of-way line t\renty feet (20') to a point; thence easterly in a straight line along the original southern property line of the Georgia Duck and Cordage :\-Iill a distance of four hundred eighty feet (-180'), more or less, to a point ; thence in a southerly direction a distance of one hundred ninety-seYen and eighty-one hundredths feet (197.8 1), more or less, to an intersection with the northerly right-of-way line of Parry Street (-10' right-of-,rny); thence in a northeasterly direction along the northerly right-of-,ray of Parry Street a distance of three hundred fift\ feet (350'), more or less, to its intersection with the westerly right-of-way of Laredo DriYe (-10' right-of-way) ; thence in a northwesterly direction along the westerly right-of-way of Laredo DriYe a distance of eight hundred feet (800'), more or less, to the northerly right-of-way of the Georgia Railroad line; thence in a northeasterly direction along said railroad right-of-way a distance of seYen hundred ninety-six feet (796'), more or less, to a point on the northerly right-of-way of said railroad perpendicular to the northeasterly right-of-way of Hobbs Street, if extended; thence in a southeasterly direction along the northeast right-of-way of Hobbs Street, if extended, a distance of six hundred seYenty-nine feet (679'), more or less, to the point of intersection with the northwest right-of-way line of );'orth Clarendon .-\.\-enue; thence in a northeasterly direction along the northwesterly right-of-way of );'orth Clarendon Axenue a distance of one hundred t\,enty-fiye feet (125') , more or less; thence in a northeasterly direction across '.\;orth Clarendon .-\yenue and then along the northerly right-of-way line of Old Rockbridge Road a distance of fiye hundred forty-fiye feet (545'), more or less to a point; thence due south three hundred ninety feet (390'), more or less, to the northeast corner of Land Lot 249; thence south along said east line of Land Lot 249 a distance of fifty feet (50'), more or less, to a point at the northeast corner of parcel 15-249-9-3; thence west sixty-fiye feet (65'), more or less, to the northwest corner of said parcel; thence south a distance of three hundred thirty-nine feet (339'), more or less, to the southwest corner of said parcel; thence east a distance of sixty-fiye feet (65') to the southeast corner of said parcel; thence south along east line of said Land Lot 249 to the northerly right-of-way line of CoYington Road (also known as CoYington Highway/ CS 278); thence in a southeasterly direction along said northerly right-of-way line and following the currnture thereof, crossing its intersections with Mountain Drhe and Kensington Road, and to its intersection with the northwest right-of-way of Memorial DriYe a distance of four thousand one hundred thirty-seYen feet (4,137'), more or less; thence south crossing Cmington Highway/ CS 278 andfollowing the easterly boundary of parcel 15-231-7-16 and the westerly

4920 LOCAL .-\.,D SPECIAL ACTS .-\.,D RESOLL.TIO~S. \'OL. II
right-of-way of :vlemorial Drin to the southeasterh- corner of said parcel; thence in a southwesterly direction two hundred ten feet (21 O'), more or less, to its intersection with the southwesterly right-of-way line of ~ottingham DriYe; thence nortlmesterly along the southwesterly right-ofway line of ~ottingham Dri,e a distance of one hundred twenty-fiye feet (125') to a point; thence in a southwesterly direction along the southeasterly line of parcel 15-231-10--1 a distance of one hundred fifty-one feet (151 '), more or less, to a point; thence in a northwesterly direction along the southwesterly boundary of said parcel a distance of se,enty-fiye feet (75'), more or less; thence in a southwesterly direction along the southerly boundary lines of. parcels 15-231-10-7. 8, 9. and 10 a distance of fiye hundred twehe feet (512'), more or less, to a point; thence in a southerly direction two hundred seYenty-fiye feet (275'). more or less, to a point; thence in a southwesterly direction along the northwesterly boundary line of parcels 15-231-10-52, 30, 51, and 23 a distance of one thousand one hundred thirty feet (1,130'), more or less, to a point; thence continuing in a southwesterly direction along the northwesterly boundaries of parcels 15-218-1-1, 24, and 2 a distance of one thousand nine hundred fifteen feet (1,915'), more or less, to a point; thence westerly one hundred ninety feet (190'), more or less, to the west line of Land Lot 218; thence in a southerly direction along the western line of Land Lot number 218, approximately fi\e hundred fifty-four and forty hundredths feet (:'>5-1.-1') to the intersection of the western-most right-of-way boundary of \lemorial Dri,e; thence in a Southwestern direction along the western right-of-way boundary of \lemorial DriYe a distance of six hundred ninetY. nine and seYentY. hundredths feet (699.7') more or less to the intersection of the most southerly point of lot number 15217 0-1013; thence in a west-nortlmest direction of four hundred fourteen and fifty hundredths feet (-11-1.5') to where lots 15217 0-1012, 15217 04003 and 15217 04002 intersect; thence in a northerly direction along the western boundar~ of lot number 15217 0-102, eight hundred seYenty three and ten hundredths feet (873.1 ') to the intersection of the southern right-of-way of Berkeley Road; thence in a westerly direction along the southern right-of-way of Berkeley Road. nine hundred ninety-fiye feet (995') more or less to the eastern right-of-way boundary of Clarendon .-henue; thence south along the eastern right-ofway line of Clarendon .-henue, approximately one thousand fiye hundred sixty seYen feet (1567') to a point of one hundred sixty feet (160') from the intersection of the northern boundary of Columbia DriYe; thence in a northwestern direction and along the southern boundary of lot number 1527 0102 approximately three hundred twenty three and fifty-eight hundredths feet (323.58') to a point on the westerly line of Land Lot 217; thence north along the west line of Land Lot 217 to the northwest corner of said Land Lot 217 and the point of beginning.

GEORGI.-\ L-\.WS 1999 SESSIO!\

4921

Resolution
Re\'ised Cit\' Charter City of Arnndale Estates, Georgia
\\'HERE.AS, the original city charter that created the City of Arnndale Estates, Georgia, was enacted in 192i; (Ga. Laws 192i, p. 813); and
\\'HERE.-\.S, State and Federal laws, rules and regulations that ha\'e been enacted since that time, ha,e impacted the effectheness of this charter; and

WHERE.-\.S, the charter has been amended to accommodate the e\'olution and modernization of today's society; and

\\'HERE.-\.S, the Board of Ylayor and Commissioners, accepts the responsibility to lead this City into a safe and comfortable future;
:--.:ow, THEREFORE, BE IT RESOL\'ED, BY the Board of ~arnr and Commissioners of the City of.-\.,ondale, Georgia, that preparations .to enter the Twenty First Century with effecti\'e and progressi\'e representathe form of Yhmicipal Go\'ernment be initiated, and solicit the support and guidance of the DeKalb County Legislati\'e Delegation in completing this process.

RESOL\'ED This 12th day of February, 1999.

Board of Yla\'or and Commissioners City of .-\.rnndale Estates, Georgia

s/John W. Lawson, yfayor s/Bruce \'an Buren, Ylayor Pro Tem s/Phoebe Stephens, Commissioner s/Carol Reimer, Commissioner sfJimmie Yloomaw, Commissioner

ATTESTED:

Appro\'ed as to form

s/Lyda R. Steadman Lyda R. Steadman

s/Joseph :--.:ardone CitY. Attorney.
NOTICE OF INTE'.'\;T TO INTRODCCE LOCAL LEGISL-\.TIO!';

Notice is hereby gi\'en that there will be introduced at the regular 1999 session of the General Assembly of Georgia, legislation to amend an act incorporating the City of Avondale Estates, appro\'ed August 25, 1926 (Ga. L. 192i, p. 813), as amended, so as to extend the limits of said city in the 15th District, Land Lot 248, to repeal conflicting laws and for other purposes.

This 10th day of February, 1999
Nadine Thomas Senator

-1922 LOC...\L .-\:'\'D SPECL..\L ACTS .-\.'\'D RESOLLTIO:\S, \'OL. II
I0th Senatorial District State of Georgia
GEORGI.-\., FCLTO:\ COC:\TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, :\adine Thomas, who on oath deposes and says that she is the Senator from the 10th District and further deposes and says as follows:
(1) That the attached :\otice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on the following date: February 18, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ .-\ copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the gmerning authority of any county. municipality. or consolidated goYernment whose charter or enabling .-\ct is amended. as required by subsection (IJ) of Code Section 28-1-1-1.
.L The notice requirement of subsection (b) of Code Section 28-1-1-! does not apply because the bill was requested by resolution or other written notification of the gcl\'erning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-1-! does not apply because the bill does not amend the charter of a municipality or the enabling .-\ct of a county or consolidated goYernment or the bill affects a local school s,stem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-! does not apply because the bill is an annexation bill and a copy of the bill \\'as proYided to the county gmerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-1-1.1.
s/ :\.-\DI:\E THO\-1.-\S Senator, 10th District
Sworn to and subscribed before me, this 26th day of February, 1999.
s/ TERESA .-\DKI:\S ~otary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SE...\L)
ApproYed April 23. 1999.

GEORGL-\. L-\.\\'S 1999 SESSIO!\

-1923

TI\'IGGS COC!\TY - BOARD OF CO~l~IISSIO!\ERS; CO~IPE!\S.-\.TIO!\ .-\..'\D EXPE!\SES.
!\o. 376 (House Bill :\o. 555) .
.-\..'\ .-\CT
To amend an .-\ct creating a Board of Commissioners of Twiggs County, apprmedjuly 27, 1923 (Ga. L. 1923, p. 324). as amended, so as to change the pro,isions relating to the compensation and expenses of the members of the board; to proYide for itemized, ,erified accounts of expenses; to proYide an effecthe date; to repeal conflicting laws; and for other purposes.
BE IT E!\.-\.CTED BY THE GE!\ER-\.L .-\.SSE~IBLY OF GEORGI.-\.:
SECTION 1.
.-\.n .-\ct creating a Board ofCommis:;ioners of Twiggs Coun~. approYedjuly 27, 1923 (Ga. L. 1923, p. 32-1), as amended, is amended by striking Section 8 in its entire~ and inserting in lieu thereof a new Section 8 to read as follows:
"SECTIO!\ 8.
(a) The chairperson of the board of commissioners shall recei\e an annual base salary of S7,800.00 payable in equal monthly installments from the funds of Twiggs Coun~.
(b) Each member of the board other than the chairperson shall receiYe an annual base salary ofS5,-100.00 payable in equal monthly installments from the funds of Twiggs Coun~...
SECTION 2.
Said .-\ct is further amended by striking Section 9 in its entiret\' and inserting in lieu thereof a new Section 9 to read as follows:
sECTIO!\ 9.
(a) Except as otherwise prmided in subsection (b) of this section, in addition to compensation pro,ided for in Section 8 of this .-\ct, the chairperson and other members of the board shall be reimbursed for actual expenses, including expenses for lodging and meals, incurred by them in carrying out their official duties within and outside the coun~. but within the state, including attendance at seminars or other training meetings for count\ officials; pro,ided, howeYer, that the chairperson and other members shall be required to submit to the board an itemized, Yerified account of any such expenses; and prmided, further, that except as otherwise pro,ided in subsection (b) of this section, neither the chairperson nor any other member of the board shall be reimbursed more than S1,800.00 per annum for actual expenses incurred in

4924 LOCAL ..\."JD SPECI.-\L .-\CTS A"-iD RESOLCTIO'.\S, \'OL. II
carrying out his or her duties. \i\11en using their personal automobiles in traYeling on official business outside the county, the chairperson and all other members shall be reimbursed for traYel expenses at the legal mileage rate authorized under Code Section 50-19-i of the O.C.G..-\., as now or hereafter amended. .-\11 expenses proYided for in this section shall be paid from the funds of Twiggs County.
(b) .-\ member of the board of commissioners, including the chairperson, may expend additional funds paid from county funds in the case of an emergency, incurring additional traYel expense, or some other cause, proYided that such expenditure of funds is apprmed by a majority of the members of the board of commissioners...
SECTION 3.
This .-\ct shall become effecthe on January 1, 2000.
SECTION 4.
.-\11 laws and parts of laws in conflict with this .-\ct are repealed.
'.\otice of Intent To Introduce Local Legislation
:'.':otice is giYen that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an .-\ct creating a Board of Commissioners of Twiggs County, apprmed July 2i. 1923 (Ga. L. 1923. p. 324), as amended; and for other purposes.
This 1st day of February, 1999.
Kenneth W. Birdsong RepresentatiYe, 123rd District
GEORGI.-\, FCLTO'.\ COC:'.':TI'
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong. who on oath deposes and says that he is the Representathe from the 123rd District and further deposes and says as follows:
(1) That the attached '.\otice of Intention to Introduce Local Legislation was published in the Twiggs County Times which is the official organ of Twiggs County on the following date: February 5, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
..L A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise proYided to the gmerning authority of any county, municipality. or consolidated goYernment whose charter or enabling .-\ct is amended, as required by subsection (b) of Code Section 28-1-14.

GEORGL\ L-\\\'S 1999 SESSIO:'\

-1925

_ The notice requirement of subsection (b) of Code Section 28-1-1-l does not apply because the bill was requested by resolution or other written notification of the gmerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other written notification is attached hereto.
_ The notice requirement of subsection (b) of Code Section 28-1-1-l does not apply because the bill does not amend the charter of a municipality or the enabling .\ct of a county or consolidated goYernment or the bill affects a local school sYstem.
_ The notice requirement of subsection (b) of Code Section 28-1-1-l does not apply because the bill is an annexation bill and a copy of the bill was prmided to the county g<werning authority within which the area proposed to be annexed is located at the time the notice was published, as required bY Code Section 28-1-1-l.1.
s/ KE:'\:'\ETH \\'. BIRDSO:'\G Representati\e, 123rd District
Sworn to and subscribed before me. this 8th day of February, 1999.
s/ TERESA ADKI:'\S :'\ota1y Public, Clayton County, Georgia '.\Iy Commission Expires Jan. 5, 2001 (SL\L)
..\pproYed ..\pril 28, 1999.

FORS\TH COC:'\TY - Cl\1L SER\1CE S\'STE'.\I; SHERIFF'S E'.\IPLO\EES.
:'\o. 388 (House Bill :'\o. 962) .
..\:'\ .\CT
To amend an Act creating and establishing a ci\il sen-ice system in Forsyth County for the empi<H'ees of Forsyth County, approYed \larch 13, 19i8 (Ga. L. 19i8, p. 3:'>76). as amended, so as to exempt certain employees of the sheriff from the ci\il serYice system and from any rights, protections, prhileges, or right of appeal under the ciYil senice system; to repeal conflicting laws: and for other purposes.
BE IT E'.\..\CTED BY THE GE'.\ER.\L ASSE\IBL\' OF GEORGI..\:
SECTION 1.
An .\ct creating and establishing a ci,il sen-ice system in Forsyth County for the employees of Forsyth CountY, approYed '.\larch 13, 1978 (Ga. L. 19i8,

4926 LOCAL .-\..'-:D SPECIAL .--\CTS .-\..'-:D RESOLCTIO'.'\S, \'OL. II
p. 3576), as amended, is amended bY adding to Section 2 of said .--\ct a new subsection (a.]) to read as follows:
"(a.]) '.'\ot more than three employees of the sheriffwho hold the rank of captain or abme and who agree in writing that they shall not be subject to the ciYil sen-ice sYstem shall be exempt from the ciYil senice system and from any rights. protections. priYileges. or right of appeal under the ciYil serYice sYstem ...
SECTION 2.
AJI la\\s and parts of laws in conflict "ith this .--\ct are repealed.
~OTICE OF I'.'\TE'.'\TIO'.'\ TO I'.'\TRODCCE LOC.--\L LEGISL--\TIO'.'\
'.'\otice is giYen that there ,l"ill be introduced at the regular 1999 session of the General .--\ssembly of Georgia a bill to amend an .--\ct creating and establishing a ciYil sen-ice system in Forsyth CountY for the employees of Forsyth County, approYed \-larch 13, 1978 (Ga. L. 1978, p. 3576), as amended; and for other purposes.
This 3 daY of ~larch , 1999.
GEORGL--\, FCLTO'.'\ COC'.'\TY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ylike EYans, \\ho on oath deposes and says that he is the Representati,e from the 28th District and further deposes and says as follml"s:
( 1) That the attached '.'\otice of Intention to Introduce Local Legislation ,l"as published in the ForsY!h County '.'\ews which is the official organ of Forsyth County on the following date: ~larch 5, 1999.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked belml":
_ .--\ copy of the notice of intention ,rns mailed, transmitted bY facsimile, or othen,ise pro,ided to the goYerning authoritY of any county, municipality, or consolidated gmernment " hose charter or enabling .--\ct is amended, as required by subsection (b) of Code Section 28-1-14.
_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the goyerning authority of the affected county, municipality, or consolidated goYernment and a copy of such resolution or other \\Titten notification is attached hereto.
..L The notice requirement of subsection (b) of Code Section 28-1-14 does not apply bernuse the bill does not amend the charter of a municipalitY or the enabling .--\ct ofa county or consolidated goYernment or the bill affects a local school sYstem.

GEORGIA L\WS 1999 SESSIO~

4927

_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was proYided to the county goyerning authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ MIKE E\'.-\..1\'S
RepresentatiYe, 28th District
Sworn to and subscribed before me, this 8th day of '.'vlarch, 1999.
s/ TERESA ADKI~S ~otary Public, Clayton County, Georgia \ly Commission Expires Jan. 5, 2001 (SEAL)
ApproYed April 28, 1999.

GEORGI.-\ L-\WS 1999 SESSIO'.':

4929

HOME RULE ORDINANCES
OF COUNTIES
AND CONSOLIDATED GOVERNMENTS

GEORGL-\ L\WS 1999 SESSIO:\'

4931

CL.\YTO:!'; COC:\'TY- CI\1L SER\1CE BOARD; '.\IPvIBERS; CO!'\TI'.\TI:---:G EDCCATIO:---: REQCIRE'.\,IE:---:T.

STATE OF GEORGL-\ coc:---:TY OF CL.\\TO:---:

ORDINANCE NO. 98 - 19

A."i ORDI:---:..\."iCE ADOPTED c:---:DER THE HO'.\IE RCLE POWERS GR.\.,TED TO CL.\\TO:\' coc:---:TY PL'RSCA:---:T TO ARTICLE IX, SECTIO:---: II, PAR.\GR.\PH I OF THE co:---:STITLTIO:\' OF THE STATE OF GEORGL-\ OF 1983, A'.\-IE:---:DI:---:G GEORGL-\ L.\\.\'S 1994, PAGE 4399, ET. SEQ., SPECIFICALLY SECTIO:---: 3, PERTAI:---:1:---:G TO co:---:T1:---:n:---:G EDL'CATIO!'\AL REQURE'.\-IE:\'TS FOR CI\1L SER\1CE BOARD '.\-IE'.\1BERS; TO PRO\1DE SE\'ER.\BILITY; TO REPEAL CO!\'FLICTI~G L.\\\'S, ORDI:---:..\."iCES ..\.,D RESOLCTIO:---:S; TO PRO\1DE ..\.'\ EFFECTl\'E DATE OF THIS ORDI:---:..\.,CE; ..\.,D FOR OTHER PCRPOSES.

BE IT ORD..\1:---:ED BY THE BOARD OF CO'.\1'.\-llSSIO:---:ERS OF CL.\\TO:---: coc:---:TY ..\.,D IT IS HEREBY ORDAI:---:ED

Section l. By the authority granted to Clayton County pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia of 1983, the Board of Commissioners hereby amends Georgia Laws 1994, Page 4399, et. seq., by deleting the last sentence in Section 3, and inserting in lieu thereof, a new sentence to read as follows:

Each

board

member

shall

attend

annualh.

at

least

one

course

of

studY ,

or seminar dealing with personnel matters offered by the Clayton

County Personnel Department, the Georgia Local GoYernment Per-

sonnel Association or such other similar organization authorized to

conduct continuing personnel education.

Section 2. In the e,ent any section, paragraph, subpart, sentence, clause, phrase, or word of this Ordinance shall be declared or adjudged unconstitutional or imalid by any Court, such declaration or acljudication shall not affect the remaining portions of this Ordinance which shall remain in full force and effect as if the portions declared inYalid or unconstitutional had neYer been enacted into law.

Section 3. All laws, ordinances or resolutions, or parts thereof, in conflict with proYisions of this Ordinance are hereby repealed.

Section 4. This Ordinance shall become effecti,e following its apprmal by the Board of Commissioners after the second reading of the Ordinance, prmided the same recei,es an affirmatiYe ,ote of three or more members, and proYided further that a copy of the Ordinance has been published in the official organ of Clayton County, and filed with the Secretary of the State of Georgia as required by law.

SO ORD..\1:---:ED, this 17th day of '.\larch, 1998.

-1-932 LOC.-\L .-\:'\D SPECI.-\L ACTS .-\..'\'D RESOLL'TIO:'\S, \'OL. II
CL-\\TO:'\ COL'!\TY BOARD OF CO\1MISSIO:'\ERS
C. CRA'\'DLE BRAY, CHAIR\L-\..'\' TERRYJ. STARR, \1CE-CHAIR\'1.-\..'\' GER-\LD A. \-1.-\TTHE\i\'S, CO\tl\1ISSIO:'\ER RICHARD RE.-\G.-\..'\', CO\-I\'1ISSIO!\ER \1RGI:'\IA BL'RTO:'\ GRW, CO\-IMISSIO:'\ER
ATTEST: \URG.-\RETTE A. SWAI\I, CLERK
CERTIFICATIO:'\
I, \1.-\RG,-\RETTE A. S\\'.--\1\1, CLERK TO THE CL-\\TO:'\ COL'!\TY BOARD OF CO\I\HSSIO:'\ERS, DO HEREBY CERTIFY THAT THE ATTACHED IS .-\ TRL'E .-\..'\'D EXACT COPY OF ORDl:'\,-\.."\CE 98-19 AS ADOPTED BY THE CL-\\TO:'\ COL''.\'TY BOARD OF CO.'.Vl\flSSIONERS O:'\ \1.-\RCH 17, 1998. THE ORIGl:'\,-\L OF ORDI'.\',-\..'\CE 98-19 \1AYBE FOL':'\D O:'\ FILE I:\ THE CO\l:\IISSIO:\'ERS' OFFICE.
\L-\RGARETTE .-\. SW,--\I.'.VI CLERK OF THE CO.'.Vl.'.VIISSIO:'\ APRIL 6. 1998
ORDl:'\A:'\CE 98-19
The first reading of the aboYe and foregoing Ordinance was held at the regular meeting of the Board of CountY Commissioners of Clayton County on February 17, 1998 ,dth the following members present and Yoting in fayor of same: Chairman C. Crandle Bray, \'ice Chairman Terry J. Starr, Commissioner Gerald A \latthews. Commissioner Richard Reagan. and Commissioner \ 'irginia Burton Gray.
\1.-\RGARETTE A. SW,--\1\1, CLERK CL-\\TO'.\' COL':'\TI' BOARD OF CO\.l\flSSIO:'\ERS
The second reading of the aboYe and foregoing Ordinance was held at the regular meeting of the Board of County Commissioners of Clayton County on \larch 3, 1998 with the following members present and Yoting in farnr of same: Chairman C. Crandle Bray. \'ice Chairman TerryJ. Starr, Commissioner Gerald .-\. \latthews. Commissioner Richard Reagan, and Commissioner \ 'irginia Burton Gray.
\L-\RG.-\RETTE A SW.--\I\1, CLERK CL-\\TO:'\ COL''.\'TI' BOARD OF CO\-1\IISSIO:'\ERS
Haying been read during the regular meetings of the Board of Commiss1oners of Cla\"ton Counn on February 17. 1998 and \larch 3, 1998,

GEORGIA L-\\\'S 1999 SESSIO:\'

-!933

Ordinance 98-19 was adopted at the regular meeting of '.\larch 17, 1998. The following members were present on '.\larch 17, 1998 and \'Oted in fayor
of Ordinance 98-9: Chairman C. Crandle Bray, \'ice Chairman Terry J.
Starr, Commissioner Gerald .-\. '.\latthews, Commissioner Richard Reagan, and Commissioner \'irginia Burton Gray.
\l.-\RGARETTE .-\. S\\'.-\1'.\1, CLERK CL-\YfO:\' COC:\'TY BOARD OF CO'.\1\IISSIO:\'ERS
ATTEST: '.\-l-\RG.-\RETTE .-\. SW.-\1'.\l CLERK OF THE CO'.\t:\HSSIO:\'
(SEAL)
State of Georgia Count\.' of ClaY. ton Personally appeared before the undersigned, Kell\' L. O'Connor, who after being first duly sworn states that he/ she is the legal clerk for the Clayton :\'ews/ Daily, official legal organ of CL-\\TO:\' COC:\'TY, GEORGL-\, and that upon his/ her own personal knmdedge he/ she knows that the adYertisement, a true copy of which is hereto annexed, was published in said newspaper of general circulation on the following dates:
02 / 27/ 1998, 03/ 06/ 1998, 03/ 13/ 1998
Kelh- L. O'Connor .-\ffiant
Sworn to and subscribed before me this 31st day of '.\farch, 1998
Signed Tina Connell, :\'otary Public '.\ly commission expires .-\ugust 10, 2001
MISCELl.ANEOUS
:\'OTICE OF l:\'TE:\'TIO:\' TO CO:\'SIDER .-\.., ORDl:\'.-\..'\CE
.-\'.\IE:\'Dl:\'G THE CL-\YfO:\' COC:\'T\' CI\1L SER\1CE .-\CT
:\'otice is hereby giYen by the Clayton County Board of Commissioners that an Ordinance proposed under Home Rule Powers granted to Clayton County pursuant to the Constitution of the State of Georgia of 1983, will be read which amends Georgia Laws 1994. The Ordinance relates to the Clayton Count\' CiYil Sen-ice .-\ct, and specifically amends Section 3, by deleting the last sentence therein, and inserting in heu thereof. a new sentence to read as follows:
Each board member shall attend annualh- at least one course of stuch or seminar dealing with personnel matters offered bY the Clanon Count\'

493-1 LOC.--\L .--\:\D SPECI.--\L ACTS .--\."\'D RESOLCTIO:\S, \'OL. II

Personnel De partment, the Georgia Local GoYernment Personnel Association or such other similarly accredited personnel continuing educational organization.

The Ordinance further proYides for seYerability, repeals conflicting laws, ordinances and resolutions: prO\ides an effectiYe date of the Ordinance: and other purposes.

The Ordinance will be considered for adoption by the Board of Commissioners during its regularly scheduled meeting commencing at 7:00 p .m. on \larch 3. 1998 and \\'ill again be considered for adoption during its regularly scheduled meeting commencing at 2:00 p.m . on y[arch 17, 1998 in the Commissioners Board Room. 112 Smith Street.Jonesboro, Georgia. .--\ copy of the proposed Ordinance is on file in the Office of the Clerk of the Superior Court of Clayton County, for the purpose of examination and inspection by the public. The Clerk of the Superior Court will furnish anyone, upon written request, a copy of the proposed amendment. The Ordinance ma,. also be reYiewed at the Cla.non Count\.' Commissioners Office at 112 Smith Street.Jonesboro, Georgia. Questions may be directed to Donald \1. Coiner at -177-3207.

February 27 / \larch 6, 13. 1998-150-1115

01100008000

0150-1115

Cla.yton Count\.' Commissioners 112 Smith Street Jonesboro, G.--\ 30236

Filed in the Office of the Secretary of State .--\pril 9, 1998.

FORS\TH COC:\TY - BO.--\RD OF COYl\flSSIO:\ERS: PCRCH.--\SES: BIDS.
.--\ RESOLCTIO:\ BY
THE BO.--\RD OF CO\l\USSIO:\ERS OF
FORS\TH coc:---:n
.--\ Resolution to amend Georgia Laws 196-1, Ex. Sess.. page 2225, as amended, so as to proYide for delegation of purchasing authority by the Board of Commissioners of Fors\"lh County and so as to change the dollar amount of purchases which can be made without the necessity of receiYing bids: to repeal conflicting I.rns: to proYide an effectiYe date: and. for other purposes.
WHERE.--\S..--\n .--\ct of the Georgia General Assembly creating a Board of Commissioners for ForsYlh. mts apprO\edJune 30. 1964 (Ga. L. 1964, Ex.

GEORGL-\ L-\WS 1999 SESSIO:\'

4935

Sess., p. 2225) . That .-\ct has been amended (Ga. L. 1992, page 5325) and as amended, proYides that the Board of Commissioners of Forsyth County is designated as the purchasing agent for Forsyth County and, further, sets forth bidding requirements when purchasing material, supplies, or equipment in excess of an estimated ,alue of S5,000.00.
WHERE.-\S, the Constitution of 1983 proYides that the gmerning authority of a county may, as an incident to its home rule power, amend or repeal local acts applicable to matters within its goYerning authority [.-\rticle IX, Section II, Paragraph I (b) (1)]; and,
Wl---lERE.-\S, the Forsyth County Board of Commissioners deems it necessary and proper to further amend the legislatiYe .-\ct creating a Board of Commissioners for Forsyth County, approYed June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, by further amending said .-\ct to proYide for the delegation of the Forsyth County Board of Commissioners' purchasing authority and raising the dollar amount of purchases which can be made \\ithout the necessity of recehing bids; to repeal conflicting laws; and for other purposes; and,
V\l---lERE.-\S, appropriate notice and hearings on the Resolution contained herein haYe been carried out.
:\'OW, THEREFORE. BE IT RESOL\'ED by the Board of Commissioners of Forsyth County, Georgia, and it is hereby resohed by the authority of the same, that an .-\ct creating a board of commissioners for Forsyth County, approYedJune 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, (Ga. L. 1992, p . 5325), is hereby further amended by striking the first paragraph of Section 14 of said .-\ct in its entirety and inserting in lieu thereof a new first paragraph to read as follows:
The Board of Commissioners of Forsyth County is designated as the purchasing agent for Forsyth County. \-\11en deemed appropriate the Board of Commissioners of Forsyth County may delegate its authority as purchasing agent for Forsyth County. Before purchasing any material, supplies, or equipment in excess of an estimated ,alue of S15,000.00, the board shall be required to receiYe bids and accept the purchase of the material, supplies, or equipment of the lowest and best bidder; proYided, howeYer, that in the eYent of the breakdown of equipment, repair parts therefor may be purchased without the necessity of receiYing bids ...
.-\11 resolutions, ordinances, laws and parts of laws in conflict with this Resolution are repealed, reYoked and shall be of no further force or effect upon the effectiYe date of this Resolution; but it is hereby proYided that any resolution or law, which may be applicable hereto and aid in carrying out and making effectiYe the intent. purpose and proYisions hereof, which shall be liberally construed to be in farnr of Forsyth County, is hereby adopted as a part hereof.

-1-936 LOC.-\L .--\.:-.:D SPECIAL .--\.CTS .-\.'\D RESOLCTIO:-.:S. \'OL. II

This Resolution shall become effectiYe upon its adoption by the Board of

Commissioners of Forsyth County at two regular consecutiYe meetings,

which meetings shall be not less than se,en (7) nor more than sixtY (60)

daYs apart.



This Resolution . ha\"ing been considered and adopted by the Board of Commissioners on the -I-th day of '.\hlY, 1998, and at the next regular consecutiYe meeting of the Board of Commissioners held this date, this Resolution is hereby adopted and is effecti,e, this 11th day of \Im. 1998, the public welfare demanding it.

[SE.-\L]

Forsyth County Board of Commissioners Bill Jenkins, Chairman Lamar Suddeth, \'ice Chairman John F. Kieffer, Secretary .-\.ndy .-\nderson, '.\lember Julian Bowen, '.\lember

..\ttest:

Patricia E. \\'hatleY Clerk to the Boaril

ST..\TE OF GEORGI..\

coc:-.:TY OF FORS\TH
CERTIFICATION
I, the undersigned. Clerk to the Forsyth County Board of Commissioners. being authorized so to do, hereby certify that the attached document is a true and correct copy of a Resolution amending Georgia Laws 1964, Ex. Sess., page 2220, as amended. adopted and spread on the official minutes of the said Board on \lay -1-. 1998 and \lay 11, 1998.
\\'itness my hand this 27th day of \Im. 1998.
Patricia B. Whatley, Clerk Forsnh CountY Boa1:d of Com~nissioners
AFFIDAVIT
FORS\TH COL':-.:TY. GEORGL.\
Douglas E. Sorrells personally appeared before the undersigned officer authorized to administer oaths and upon being duly sworn says:
I am abme the age of 18 years. of sound mental capacity and judgment. ha,e personal knowledge of the facts and circumstances set forth herein and I am authorized to make this aflidaYit.

GEORGIA L-\WS 1999 SESSIO~

4937

I am the duly elected and acting Clerk of the superior Court of Forsyth Count\, Georgia.
.-\ copy of a proposed Resolution which would amend Georgia Laws 1964, Ex. Sess., page 2225, as amended, so as to proYide for delegation of the Board of Commissioners' purchasing authority and change, from SS,000.00 to Sl5,000.00, the dollar amount of purchases which can be made without the necessity of receiYing bids was on file in my office from .-\pril 3, 1998 through and including :\lay 11, 1998, where it has been aYailable for the purpose of examination and inspection by the public.
The copy of the aforesaid Resolution which has been on file is attached hereto.
FCRTHER, .-\FFL.\.'\T S.WETH ~OT.
DOCGL-\S E. SORRELLS, Clerk Forsyth County Superior Court
Sworn to and subscribed before me this 21 day of :VlaY, 1998.
Judy \,\'estnay Chief Deputy Clerk
PCBLISHER'S .-\FFIDA\1T
STATE OF GEORGL-\ - coc~n OF FORS\TH
Before me, the undersigned. a ~otary Public within and for said county and state, this clay personally appeared Dennis Stockton, who, being first duly sworn, according to la\\, says that he is the Editor of the Forsyth County ~ews, the official organ of the County of Forsyth for the publication of official or legal achertisements for said county and that the legal adYertisement, a true copy of which is hereto annexed. was published in said newspaper in its issues of April 8. April 15, and April 22, 1998.
Dennis Stockton. Publisher
Sworn to and subscribed before me this 21 day of :\fay, 1998.
Linda Shadburn ~otary Public. Forsyth County, Georgia '.\ly Commission Expires September 2, 2000
PUBLIC NOTICE
The public is hereby notified that the Board of Commissioners of Forsyth County, Georgia, at its regular meetings to be held on :\fay 4, 1998 and :\lay 11, 1998. \\ill consider a Resolution to amend Georgia Laws 1964, Ex. Sess.. page 2225, as amended, so as to pro,:icle for delegation of purchasing authority by the Board of Commissione1s of Forsyth County and so as to

-1938 LOCAL ..\:\D SPECIAL ACTS .-\.''D RESOLLTIO:\S, \'OL. II
change the dollar amount of purchases which can be made without the necessity of receiYing bids; to repeal conflicting laws; to proYide an effectiw date; 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 of ForsYth County to adopt an ordinance at two regular consecuti,e meetings held not less than se,en (i) 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 haYing been granted under the home rule pro\'isions for counties set forth in the Constimtion of the State of Georgia.
The public is hereby further notified that a copy of said proposed Resolution has been filed with the Clerk of Forsyth CountY Superior Court, Forsyth CountY Courthouse, Cumming, Georgia, for public examination and inspection and that copies of said Resolution are arnilable from the Clerk for interested members of the public.
This 30th daY of \larch, 1998
SteYie P. \lills Count\' ..\dministrator Forsnh Count\', Georgia
Filed in the Office of the Secretary of State June 2. 1998.
.-\.CGCST..\. GEORGL.\ - RICH\1O:\D COC:\TY - HHS RICH'.\-1O:\D COC:\TY E\-IPLO\EES' PE:\SIO:\ FC:\D: BE:\EFITS.
ORDINANCE NO. 6046
AN ORDINANCE TO AMEND THE 1945 RICHMOND COUNTY EMPLOYEES' PENSION FUND ACT (GA. L. 1945, pp. 748, AS AMENDED BY GA. L. 1949, pp. 1982, GA. L. 1951, pp. 3234, GA. L. 1953, pp. 2624, GA. L. 1966, pp. 3360, GA. L. 1971, pp. 3881, GA. L., 1976, pp. 4500, GA. L. 1980, pp. 4606, GA. L. 1985, pp. 5194; GA. L. 1990, pp. 5290; AND GA. L. 1993, pp. 5438; GA. L. 1997, p. 4642; GA. L. 1997, p. 4705, AND ORDINANCE NO. 6000, GA. L. 1998, p. _ ) , ENACTED PURSUANT TO THE PROVISIONS OF THE CONSTITUTION OF THE STATE OF GEORGIA THAT PROVIDE FOR HOME RULE FOR COUNTIES; SO AS TO PROVIDE FOR AN ADDITIONAL PAYMENT OF ONE HUNDRED ($100.00) DOLLARS PER MONTH TO CERTAIN PARTIC!PANTS; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
BE IT ORD..\l:\ED BY THE ..\CGL"ST..\-RICH\1O:\D COC:\TI' CO\l\lISSIO:\ , ..\S SCCCESSOR TO THE BOARD OF CO\l\lISSIO:'-iERS OF

GEORGI.-\ L\\\'S 1999 SESSIO~

4939

RlCH~IO~D coc~n: GEORGI.-\, .-\..,D IT IS HEREBY ORD.-\I~ED BY .-\l'THORin OF THE S..\\IE ..\S FOLLO\,\'S:

Section 1. The Richmond County Employees Pension Fund .-\ct (Ga. L. 1945, pp. 7-18, as amended by Ga. L 1949. pp. 1982. Ga. L. 1951. pp. 3234, Ga. L. 1953, pp. 2624, Ga. L. 1966. pp. 3360. Ga. L. 1971. pp. 3881. Ga. L. 1976. pp. 4500, Ga. L. 1980. pp. -1606, Ga. L. 1985. pp. 5194; Ga. L. 1990, pp. 5290; and Ga. L. 5438; Ga. L. 1997, P. 4642; Ga. L. 1997. p. -1705, and Ordinance ~o. 6000, Ga. L. 1998. p. ___) is hereby amended by adding a new section to be designated as Section 1-l(c) which shall proYide as follows:

1-l(c) Participants who were currently permanent employees in acti,e sen-ice and employment as of January 1, 1998, and participants who haYe retired. other than those participants who retired under the Enhanced Early Retirement proYided for in section 14.1 hereof, shall receiYe. in addition to their normal retirement benefit, a,payment of One Hundred (S100.00) Dollars per month until their death or termination of participation in the plan.

Section 2. This Ordinance is adopted by the ..\ugustaRichmond County Commission pursuant to the prmisions of the Constitution of the State of Georgia which proYide for home rule by counties.

Section 3. .-\11 laws or ordinances or parts of laws or ordinances in conflict with this ordinance are hereby repealed.

Section 4. This ordinance shall become effectiYe upon its being filed with the Secretary of State of Georgia and with the Clerk of Superior Court of Richmond County, Georgia, in accordance with all applicable law.

ADOPTED this _!2 day of ~lay. 1998. and this~ day of June. 1998.

..\l'GL"ST..\-RICH\1O~0 COL"~TY CO\nlISSIO~
BY.: Larn. E. SconY. ers
..\s its \(aYor

ATTEST:
Lena J. Bonner
Clerk

This document approYed as

to legal sufficienn and form.

JBV1'

6/ 4/ 98

..\ttorne\' Date

I, the undersigned, LE'.'\..\ BO'.'\!\ER. Clerk. do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the said Augusta-Richmond County Commission at t\rn consecutiYe meetings, held,

-1940 LOCAL A.'\'D SPECIAL ACTS .-\.'\'D RESOLL'TIO~S. \'OL. II

on the following dates, to-wit: \fay 19, 1998, and June 2, 1998, as the same appear on the minutes of said Commission.

This~ day of June , 1998.

Lena J. Bonner
Clerk

AFF1DAVIT OF PUBLICATION

.-\TTOR..'\'EY

or AGE:'\CY

James Wall

BCSI:'\ESS _ _ _ _ _ _ _ _ _ __

STATE OF GEORGI.-\ COL.:'\TY OF RlCH\,JOt\D

Personally appeared before me, \'iolet Brissey, to me known, who being s,,orn, deposes and says:

That He/ She s the authorized agent of Southeastern :'\ewspapers Corporation, a Georgia Corporation, doing business in said county under the trade name of The Augusta Chronicle, a newspaper published in said county; That He/ She is authorized to make affidaYits 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 reYiewed the regular editions of said newspapers published on \fay 1, 8 \fay 15, 1998, _ _ _ _ _ _ 19__, and finds that the following adYertisement appeared in each of said editions, to-wit:

\'iolet Brissey (deponent)

Sworn to and subscribed before me this 15th day of \fay, 1998.

Betty F. Jarriel '.',;otary Public, Richmond County, Georgia \-ly Commission Expires December 15, 2000.

PUBLIC NOTICE

The public is hereby notified that the County Attorney will present to the Augusta-Richmond County Commission, at its regular meeting on \-lay 19, 1998, and onjune 2, 1998, an Ordinance to amend the 1945 RICH~IOND COC~TY E'.\ilPLO\EES' PE::--.iSION FC:'\D ACT (Ga. L. 1945; p. i-18; as amended) so as to proYide for an increased pension benefit for certain participants; to repeal conflicting ordinances; to proYide an effectiYe date; and for other purposes.

The public is hereby further notified that it is necessary for the Augusta-Richmond County Commission to adopt said Ordinance at two consecutiYe meetings held not less than seYen nor more than sixty days

GEORGI.--\ L-\WS 1999 SESSIO:'\

--1-9--1-1

apart, which Ordinance specifically states the changes to be made in the original .-\ct, the authority to amend the original .--\ct. haYing been granted by O.C.G..-\. ~ 36-35-3, pro,iding for home rule by municipalities and by the Constitution of the State of Georgia pro,iding for home rule by counties.
The public is further notified that a copy of the proposed Ordinance has been filed "ith the Clerk at Superior Court of Richmond County. Georgia. City-County Building, 5th Floor. 500 block Greene Street. Augusta. Georgia, for public examination and inspection, and copies of same are a,ailable with the Clerk of the Commission for a1n- member at the public.
This 28th day of .-\pril. 1998.
J.--\\IES B. \\'.-\LL CountY. .-\ttorneY. Richmond County, Georgia
\lay 1, 8. 15, 1998
Filed in the Office of the Secretary of State July 2. 1998.

CL-\\TO:'\ COL':'\TY- CL-\\TO:'\ COL':'\TY, GEORGL-\ Pl'BLIC DIPLO\EES RETIRE\IE:'\T S\'STE\I; PE:'\SIO:\ BE:\EFIT FOR\ll'L-\.

ST.--\TE OF GEORGL-\ COL'~TY OF CL-\\TO:'\

ORDl:'\.-\..'\CE :\0. 98 - 86

.-\.., ORDI:\.--\:\CE ADOPTED l':'\DER THE HO\IE Rl'LE POWERS GR-\:'\TED TO CL-\\TO:\ COL':\TI' Pl'RSL-\:\T TO ARTICLE IX. SECTIO:\ II, P.-\R-\GR.\PH I OF THE CO:'\STITLTIO:\ OF ThE ST.--\TE OF GEORGL-\ OF 1983..-\\IE:'\DI:\G THE CL-\\TO:\ COL':\TY CODE OF ORDIX-\..'\CES, SPECIFIC.-\LLYSECTIO:\S 3.1. 3.2. 5.2,5.3, 5.--1-, 5.6, .-\..'\D i.6 OF THE CL-\\TO:\ COC:\TY. GEORGL-\ Pl'BLIC E\IPLO\EE RETIRE\IE:\T S\'STE\I .-\S Sl'CH SECTIO:\S REL-\TE TO .--\ :\EW PE:\SIO:\ BE:\EFIT FOR\ll'L-\ .-\..'\D THE EFFECTl\'E D.--\TE THEREOF; TO PRO\1DE SE\'ER-\BILITY; TO REPE.-\L CO:\FLICTl:\G L-\\.\'S. ORDI:\.-\..'\CES, .-\..'\D RESOLL'TIO:\S; TO PRO\1DE .--\:\ EFFECTl\'E D.--\TE OF THIS ORDl~.-\..,CE; .-\..'\D FOR OTHER Pl'RPOSES.

WHEREAS, Cla\'ton Count\" and the Cla,ton Count\" Water .-\uthoritY

maintain the Clayton County, Georgia Public Employee Retirement Syste1;1

(Pension Plan) (the .. Plan .. ) bY an .--\ct of the General .--\ssemblY of the State

of Georgia, which became effecthe July 1, l 9il; and



, -\1-IERE.--\S, the Plan was last amended and restated bY Ordinance 98---1- of the Clayton County Code of Ordinances, generally effectiYe September 1. 1995; and

-1942 LOCAL .-\..'-:D SPECIAL ACTS .-\..'-:D RESOLL.TIO'.'\S, \'OL. II
\.\'HERE.--\S, the Plan is being amended to enhance the pension benefit formula in the manner appro\'ed by the Board of Commissioners.
BE IT ORDAI'.'\ED BY THE BOARD OF cor-.n,nSSIO'.'\ERS OF CL\YfO'.'\ COC:'.\:TY .-\..~D IT IS HEREBY ORD.--\1'.'\ED
Section I. By the authority granted to Clayton County pursuant to ..\..rticle IX, Section II, Paragraph I of the Constitution of the State of Georgia of 1983, the Board of Commissioners hereby amends the Clayton County Code of Ordinances, as amended, by amending Sections 3.1 (a), 3.2, 5.2, 5.3, 5.-l, and 7.6 of the Clayton County, Georgia Public Employee Retirement System (the "Pension Plan"') in the following particulars:
Section 3.1 (a) of the Plan is hereby deleted in its entirety, and in lieu thereof a ne\\ paragraph shall be inserted to read as follows:
3.1 (a) Each Plan Sponsor shall contribute to the Fund such amounts as are determined bY. the Actuar\.' to be necessary. to fund the benefits pro\'ided under the Plan; pro\'ided, howe\'er, each Plan Sponsor \\'ill appropriate to the Fund annually, to be paid in quarterly installments a sum of not less than 11.82% of its total payroll cost for all Eligible Employees. The .-\ctuary will analyze the Plan and the Fund a minimum of once e\'en two \'ears and will report to the Plan Administrator its findings. In the e\'ent the Plan report re\'eals that the appropriations herein pro\'ided are insufficient to maintain the Plan on a sound basis, it will be the duty of the Plan Sponsor to appropriate such additional smns as would be necessan to maintain the Fund and the Plan on a sound financial basis until the next actuarial anahsis. Should the Actuary subsequently find that a lesser appropriation by the Plan Sponsor would maintain the Fund on a sound financial basis, then each Plan Sponsor is authorized, upon appro\'al of the Plan Administrator, to decrease its contribution to the percentage of the total payroll found by the Actuary to be sufficient, when combined with the Participant contributions set forth herein, to maintain the Plan and Fund on such financial basis.
Section 3.2 of the Plan is hereby deleted in its entirety, and in lieu thereof a new paragraph shall be inserted to read as follows:
3.2 Beginning with the payroll period(s) of the Plan Sponsor first commencing on or after August 8, 1998, three and one-half percent (3.5%) of the Compensation of e\'ery Participant will be deducted by the Plan Sponsor and will be uansferred to the Fund as soon as administrati\'elv feasible after deduction. The contributions required by this Section are mandatory and the Participant does not ha\'e the option to recei\'e such contributions in cash. Although such contributions are designated as Participant contributions, the contributions will be "picked up" by the Plan

GEORGIA L\WS 1999 SESSIO:--.:

4943

Sponsor as described in Code Section 41--l(h) (2) and will be treated as being paid bY the Plan Sponsor in lieu of contributions bY Participants in determining tax treatment under Code Section 414(h)(2).
Section 5.2 of the Plan is herebY deleted in its entiretY, and in lieu thereof a new paragraph shall be inserted to read as follows:
5.2 :--.:onnal Retirement Date. The ..\.ccrued Benefit of a Participant as of his :--.:onnal Retirement Date shall be a monthly benefit (payable in monthly installments as an annuity for the Participant's life with 60 months guaranteed commencing at the Participant's '.\'onnal Retirement Date), equal to the product of (a) multiplied by (b) where (a) is two and one half percent (2.5%) of the Participant's AYerage YlonthlY Compensation, and (b) is the Participant's years of Credited Senice (not to exceed 32). :--.:otwithstanding the foregoing, in calculating the Participant's ..\.ccrued Benefit under this Section 5.2, the Participant's ..\.ccrued Benefit shall be reduced bY am State Enacted Retirement Plan Offset Amount.
Section 5.3 of the Plan is hereby deleted in its entiretY, and in lieu thereof a new paragraph shall be inserted to read as follows:
5.3 Earh Retirement Date. The Accrued Benefit of a Participant who attains his Earl\". Retirement Date shall be a month!Y. benefit (payable in monthly installments as an annuity for the Participant's life with 60 months guaranteed commencing at the Participant's :--.:onnal Retirement Date), determined pursuant to Plan Section 5.2, but based upon his Years of Credited Senice (not to exceed 32) and AYerage Ylonthly Compensation as of his Early Retirement Date. :--.:otwithstanding the foregoing, a Participant who has reached his Early Retirement Date may elect to begin recei,ing a monthly pension, commencing at the Participant's Early Retirement Date, which shall equal his Accrued Benefit reduced bY one-half (2) of one percent (0.5 %) for each month by which payments commence prior to the Participant's :--.:onnal Retirement Date.
Section 5.4 of the Plan is hereby deleted in its entiretY, and in lieu thereof a new paragraph shall be inserted to read as follows:
5.4 Deferred Retirement Date. The Accrued Benefit of a Participant as of his Deferred Retirement Date shall be a monthly benefit (payable in monthly installments as an annuity for the Participant's life with 60 months guaranteed commencing at the Participant's '.\'ormal Retirement Date), determined pursuant to Plan Section 5.2, but based upon his years of Credited Senice (not to exceed 32) and AYerage Monthly Compensation as of his Deferred Retirement Date; proYided, howeYer, if greater, the

-19-H LOCAL .-\...'\D SPECIAL ACTS AXD RESOLCTIO:\'S, \'OL. II
benefit payable pursuant to this Section 5.-1 shall be the Participant's ..\ccrued Benefit determined as of his :\'ormal Retirement Age.
Section 5.6 of the Plan is hereby amended by adding a ne\\ sentence to read as follows:
:\'otwithstanding any other proYision of this Section to the contrary, the Accrued Benefit of an\" Participant shall not be less than the .-\ccrued Benefit Determined as of August i, 1998 under the terms of the Plan in effect as of that date.
Section i .6 of the Plan is hereby amended by adding a new Subsection (e) to read as follows:
(e) :\'otwithstanding any other proYisi01r of this Section to the contrary. for purposes of determining a Participant's ..\ccrued Benefit under Section 5. years of Credited Sen-ice in excess of 32, if any, shall not be considered.
Section II. In the eYent an\" section, paragraph, subpart, sentence. clause, phrase, or word of this Ordinance shall be declared or adjudged unconstitutional or imalid bY any Court, such declaration or adjudication shall not affect the remaining portions of this Ordinance \\"hich shall remain in full force and effect as if the portions declared imalid or unconstitutional had neYer been enacted into la\\.
Section III. All hn\"s, ordinances or resolutions, or parts thereof, in conflict " ith pro,isions of this Ordinance are hereby repealed.
Section I\ '. This Ordinance shall become effecti,e following its approYal by the Board of Commissioners after the second reading of the Ordinance , proYided the same receiYes an affirmati\e Yote of three or more members, and proYided further that a co1)Y of the Ordinance has been published in the official organ of Clayton County and filed with the Secretary of State of Georgia as required by law.
SO ORDAI:\'ED. this -1th day of August, 1998.
CL.\\TO:\' COC!\TI' BOARD OF CO'.\-lYIISSIO:\'ERS C. CR.-\...1\'DLE BR..\Y, CHA..IR.\.t-\..., TERRYJ. STARR, \1CE CHA..IR~IA'\ GER..\LD A. YL.\TTHEWS, CO~I:\tIISSIO:\'ER RICHARD REAGA'\ , CO'.\,I\HSSIO!\ER \1RGI:\'L.\ Bl'RTO:\' GR.W, CO'.\-1'1ISSIO:\'ER
ATTEST: \1.-\RGARETTE ..\. SWAHI, CLERK

GEORGI.-\ L\\\'S 1999 SESSIO:'\

-!9-!5

C E R T I F I C .-\ T I O :'\
I, \iL-\RGARETTE .-\. SW.-\1!\J, CLERK TO THE CL-\\TO:'\ COL':'\TI' BOARD OF COl\1\ilISSIO:'\ERS, DO HEREBY CERTIFY TH.-\T THE .-\TT.-\CHED IS .-\ TRL'E .-\.."-.;D EX.-\CT COPY OF ORDl:'\.-\..'\CE 98-86 .-\S ADOPTED BY THE CL-\\TO:'\ COL'~TY BO.-\RD OF CO'.\I'.\,IISSIO?\ERS ON .-\L'GL'ST 4, 1998. THE ORIGI:'\.-\L OF ORDl:'\.-\.."-.;CE 98-86 '.\-L-\Y BE FOL':'\D Or"\ FILE I:'\ THE CO'.\l'.\-IISSIO:'\ERS' OFFICE.
'.\L-\RG.-\RETTE .-\. S\\'.-\1:\1 CLERK OF THE CO'.\l'.\flSSIO:'\ .-\L'GL'ST 11, 1998
ORDl:'\.-\.."-.;CE 98-86
The first reading of the aboYe and foregoing Ordinance was held at the regular meeting of the Board of County Commissioners of Clayton County on July 21, 1998 with the following members present and Yoting in fayor of
same: Chairman C. Crandle BraY, \'ice Chairman Terry J. Starr, Commis-
sioner Gerald .-\. '.\-Iatthews, and Commissioner Richard Reagan.
\iL-\RG.-\RETTE .-\. SW.-\l'.\-1, CLERK CL-\YfO:'\ COL':'\TY BO.-\RD OF CO'.\l:VIISSIO:'\ERS
The second reading of the aboYe and foregoing Ordinance was held at the regular meeting of the Board of County Commissioners of Clayton County on August 4, 1998 with the follm\"ing members present and Yoting
in fayor of same: Chairman C. Crandle Bray, \'ice Chairman Terry J. Starr,
Commissioner Gerald .-\. '.\fatthews, Commissioner Richard Reagan, and Commissioner \'irginia Burton Gray.
'.\,L-\RGARETTE .-\. SW.-\l'.\-1, CLERK CL-\YfO:'\ COL'~TY BOARD OF CO\I:VIISSIO:'\ERS
HaYing been read during the regular meetings of the Board of Commissioners of Clayton County on July 21, 1998 and .-\ugust -!, 1998, Ordinance 98-86 was adopted at the regular meeting of .-\ugust -!, 1998. The following members were present on August -!, 1998 and Yoted in fayor of Ordinance
98-86: Chairman C. Crandle Bray, \'ice Chairman Terry J. Starr, Commis-
sioner Gerald .-\. :Vlatthews, Commissioner Richard Reagan, and Commissioner Virginia Burton Gray.
\iL-\RG.-\RETTE .-\. SW.-\1\-1, CLERK CL-\YfO:'\ COL':'\TY BOARD OF COM\ilISSIO:'\ERS
ATTEST: :\'L-\RGARETTE A. SW.-\IM CLERK OF THE COMMISSIO!',.;
(SEAL)

4946 LOCAL A.,D SPECIAL ACTS .-\..,D RESOLL'TIO!\'S, \'OL. II

State of Georgia CountY. of Cla.non
Personally appeared before the undersigned, Kelly L. O'Connor , who after being first duly sworn states that she is the legal clerk for the ~ews Daily, official legal organ of CL-\\TO!\' COL'~TY, GEORGL-\, and that upon her own personal knowledge she knows that the adwrtisement, a true copy of \\"hich is hereto annexed, was published in said newspaper of general circulation on the following dates:

Juh- I 7th, 24th, 31st, 1998

Kelh L. O'Connor Affiant

Sworn to and subscribed before me this 5th day of August, 1998

Signed Tina Connell, ~otary Public \Iy commission expires August 10, 2001

MISCELLANEOUS

~otice of Intention to Consider an Ordinance amending the Clayton County public
employment retirement system

~otice is hereby gi\"en that the Clayton County Board of Commissioners will consider an Ordinance proposed under Home Role Powers granted to Clayton County, Georgia pursuant to the Constitution of the State of Georgia of 1983. The Ordinance relates to the Clayton County Public Employment Retirement System (Pension Plan), and specifically amends section 3. 1 pertaining to the minimum duration between analyzation of the Plan and Fund; section 3.2 pertaining to the Participant contribution; section 5.2 pertaining to the benefit formula; section 5.3 and 5.4 pertaining to the maximum years of Credited Sen-ice allowed in computing benefits; section 5.6 pertaining to the date for determination of benefits; and section 7.6 pertaining to the maximum years of Credited Senice allm\"ed in computing benefits. The Ordinance further pro\"ides for se\"erabilit:y; repeal of conflicting laws, ordinances and resolutions; an effecti\"e date; and other purposes.

The Ordinance will be considered for adoption in a first reading by the Board of Commissioners during its regularly scheduled meeting commencing at 2:00 p.m. on July 21, 1998 and will again be considered for adoption following a second reading during its regularly scheduled meeting commencing at 7:00 p.m. on August 4, 1998 in the Commissioners' Board Room, 1I2 Smith Street, Jonesboro, Georgia. A copy of the proposed Ordinance is on file in the Office of the clerk of the Superior Court of

GEORGI.-\ L-\WS 1999 SESSIO:\:

4947

Clayton County, for the purpose of examination and inspection by the public. The Clerk of the Superior Court will furnish anyone, upon written request, a copy of the proposed Ordinance. The Ordinance may also be reYiewed and copied at the Clayton County Commissioners Office at 112 Smith Street ,Jonesboro, Georgia. Questions may be directed to Donald :\1. Comner at 477-3207.
July 17, 24, 31, 1996-6013
Filed in the Office of the Secretary of State August 12, 1998.

ROCKDALE COL':\:TY - BOARD OF COMMISSIONERS; PERSONNEL POLICIES.

ORDINA."I\JCE 0-1998-24

.-\.'-: ACT TO CREATE.-\ BOARD OF COM'.\,IISSIOl\'ERS OF ROCKDALE COL'NTY; TO PRO\1DE FOR THE '.\,IE'.\IBERSHIP OF SAID BOARD; TO PRO\1DE FOR THE ELECTIO:\:, QL'.-\LIFIC.-\TIO!'\, TER:\1S, POWERS, COMPE:\:S.-\TIO'.'\ .-\.'-:D DLTIES OF THE CHAIR'.VL-\1'\ .-\."!\JD OTHER \ilEMBERS OF SA.ID BOARD; TO PRO\1DE FOR OTHER ~L\TTERS RELATI\'E TO SA.ID BOARD OF COM'.\1ISSIO!\:ERS .-\.'-:D RELATIVE TO THE GO\'ERX\IEXT OF ROCKD.-\LE COL':\:TY BY SAID BOARD; TO PRO\1DE FOR .-\LL '.\L\TTERS REL-\Tl\'E TO THE FOREGOl1'\G; TO PRO\1DE FOR A REFERE:\:DL'M; TO PRO\1DE FOR EFFECTI\'E DATES; .-\.1\'D FOR OTHER PL'RPOSES (Ga.L. 1977, P.2817); AS .-\YIE!'\DED.

BE IT ORD.-\1'.'\ED bY the Board of Commissioners of Rockdale CountY,

Georgia and it is her~by ordained by authority of same as follows:



SECTIO'.'\ I

Pursuant to the County Home Rule authority under the Georgia Consti-

tution (Article IX, Section II; Ga. Code Ann. Ch. 2-59), the Board of

Commissioners hereby amends an .-\ct of the General .-\ssembh-, (Ga. L.

1977, P. 2817), entitled as follows:



Said Act is hereby amended by amending Sections 2-314, 2-330, 2-342, 2-352, 2-353, 2-354, 2-355, 2-356, 2-392, 2-393, 2-395 and 2-396 and creating new Sections 2-349 and 2-357 so that after adoption these sections will read as follows:

Sec. 2-314. Sexual Harassment

Sexual Harassment is illegal, against the policies of this County, and will not be tolerated.

Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature that creates an offensive or hostile work atmosphere.

4948 LOCAL ,-\..,.;n SPECIAL ACTS ,-\.."\;D RESOLCTIO:\'S, \'OL. II
Examples of Sexual Harassment (this list is not meant to be all-inclusive):
(A) Verbal: Sexual innuendo, suggestive comments, insults, threats, jokes about gender-specific traits, and sexual propositions. Derogatory genderspecific comments that are not sexually suggestive.
(B) Nonverbal: Making suggestive or insulting noises, leering, whistling, making obscene gestures, posting inappropriate pictures, calendars, or joke sheets, continual writing of notes and letters expressing attraction.
(C) Physical: Touching, pinching, brushing the body, coercing sexual intercourse, or assault.
I) Any employee who believes he/she has been the subject of sexual harassment should report the alleged conduct immediately, verbally or in writing, to any of the following: a supervisor, the Department Head, or the Human Resources Department.
2) Any supervisor observing sexual harassment, or having knowledge of a harassing situation, must immediately report the matter to his/her Department Head.
3) An investigation of any complaint will be undertaken immediately by the Human Resources Department.
4) Any employee found by the County to have sexually harassed another employee will be subject to appropriate disciplinary sanctions up to and including termination.
5) An employee dissatisfied with the outcome of the investigation has five (5) working days to appeal the decision. The appeal must be in writing and delivered to the Director of Human Resources within five working days of the original decision.
6) Retaliating against an employee for reporting alleged sexual harassment is prohibited. Any employee who believes he/she has been the subject of retaliation should contact the Human Resources office immediately.
7) The County recognizes that the issue of whether sexual harassment has occurred requires an investigation of the facts. The County also recognizes that false accusations of sexual harassment can have serious effects on innocent men and women. We trust that all employees will continue to act in a responsible and professional manner to establish a pleasant working environment free of discrimination.
Sec. 2-330. Overtime Compensation
OYertime for all employees, except law enforcement and firefighter personnel, is defined as all hours worked O\'er forty during a normal workweek. O,ertime should be arnided, if possible, but if it is required it must be approyed in adYance by the employee's super\'isor. Compem,atory

GEORGIA L\\\'S 1999 SESSIO'.'\

4949

time off at a rate of 1-1 / 2 hours for each hour of oYertime worked in a work week may be granted for oYertime work whe n the oYertime has been requested by the superYisor and whene,er it is practical to release personnel without impairing the work program. \\11en compensatory time off is not practical, cash payment may be made on a time-and-a-half basis. Prior approYal for cash payment on OYertime must be obtained from the Chairperson of the Board of Commissioners by the nonelected department head. Elected officials must assure budgetary consideration when approYing cash payment for mertime. This approYal must be submitted with the request for cash payment. 0Yertime cash payment or compensatory time shall be subject to conditions described in the Fair Labor Standards Act for all classes of employees. The Chairperson of the Board of Commissioners shall ha,e final authority on matters pertaining to this section .
( 1) O,ertime shall be accrued and compensated for in half-hour increments. \\11en periods ofless than fifteen (15) minutes are i1wolYed, no oYertime is credited. For periods in excess of fifteen (15) minutes, one-half hour is credited.
(2) 0Yertime cash payment shall be computed on base rate of pay and shall not include am incentin amounts.
(3) All o,ertime compensation shall be paid on the subsequent payroll after the payroll/ benefits officer has receiYed the cash payment request and approYal action.
(4) If the courthouse must be closed due to inclement weather, administratiYe leaYe pay shall be granted to employees scheduled to work during those hours of closing. Employees who report for duty in positions essential to the safety and comfort of citizens will receiYe pay for all hours worked in addition to straight time for work performed during those hours when the courthouse is closed. If an employee reports to work and is excused from duty through circumstance beyond his/ her control, such as a power failure or equipment breakdown, he/ she may be granted administrative leave for the remainder of that work day only. :'\one of the aboYe shall prohibit a regular employee from using accumulated sick or rncation time or earned/ documented compensatory time.
Sec. 2-342. Nepotism
It is the policy of Rockdale County not to employ members of the employee's immediate family in the same department. If a conflict of this policy would occur with the marriage of two employees of the County, one spouse must be transferred so as to comply. If a transfer or promotion of an employee would ,iolate this policy, there is the possibility that such a transfer or promotional opportunity may be denied.
For this section, immediate family includes spouse, parents, son , daughter, brother, sister, and grandparents, whether be blood or by law. ~o family

4930 LOCAL A:'\/D SPECIAL ACTS A..'\/D RESOLL'TIO!'\S, \'OL. II
member of any Rockdale County elected official shall be hired into a position that Yiolates the abo\'e policy for the duration of that elected official's term of office.
Employees currently working for Rockdale County, in the same department with immediate family, on or before 12-31-98, will be exempted for the purposes of their current position only.
Sec. 2-349. Break in Service
Persons who leave employment of Rockdale County may be re-employed with full seniority, provided the absence is for a period not to exceed 365 days. Upon rehire, the employee's leave balance will be zero, but the employee will accrue leave based on an adjusted service computation date (SCD ). The adjusted SCD will be the employee's original hire date plus the number of days not in the employment of the County (less than 365 days) Persons re-employed after a period of absence greater than 365 days will be treated as new hires. Seniority will be counted from the date of rehire. If an employee, who was separated from employment, has left his/her money in the Rockdale County retirement system, upon his/her return to County employment he/she will be reinstated with an appropriate adjustment for the break in service.
Sec. 2-352. Working Test Period Objectives.
The working test period shall be regarded as an integral part of the selection process and shall be utilized for closely obserYing the employee's work, for securing the most effectiYe assessment of a new employee to the position, and for rejecting any emplovee whose performance is not satisfactory. Employees sen-ing a working test period do not ha\'e appeal rights unless there is alleged discrimination because of race, age, color, creed, gender, national origin, or disability. Newly hired employees serving working test periods are not eligible to apply for other positions within the County. Employees who are separated from the County's senice prior to the completion of six (6) months of serYice receiYe no compensation for accrued Paid Time Off (PTO).
Sec. 2-353. Duration.
The working test period shall normalh- be six months in duration. Supervisors may extend the working test period, with approval of the Human Resources Director, up to ninety (90) days maximum.
Sec. 2-354. Evaluation of Performance.
After an employee has completed half of the working test period, the Department Head or Elected Official shall complete a performance appraisal on the employee's work and submit the form to the Director of Human Resources, with the written opinion of the employee's super\'isor as to whether the employee's senices haYe been satisfactory. During the

GEORGIA L\\i\'S 1999 SESSIO~

4951

working test period, the employee's superYisor \\ill tell the employee when he/ she is not performing satisfactorily. .--\t least fifteen (15) days prior to the expiration of an employee s working test period, the Department Head/ Elected Official shall notif\ the Director of Human Resources, in writing, whether or not an employee is expected to satisfactorily complete his/ her working test period.
Sec. 2-355. Dismissal.
During the working test period, a Department Head/ Elected Official may remoYe an employee who is unwilling or unable to perform the duties of the position satisfactorih-, or "hose habits and dependability do not merit his/ her continuance in the County's senice. The Department Head/ Elected Official shall immediately report such remoYal to the Director of Human Resources, as well as to the employee, and shall state the reason for remoYal. Employees serYing their working test period do not haYe the right of appeal unless it is alleged that the ciYil rights of the employee as afforded by the Constitution of the Cnited Stated haYe been abridged or Yiolated.
Sec. 2-356. Promotional Working Test Period.
The working test period shall be used in connection with promotional appointments in the same manner as is used for entrance appointments. HoweYer, an employee serying a working test period is still eligible for the rights and priYileges proYided regular employees. \i\l1en an employee is remoYed during a working test period following a promotion, the employee shall be entitled to reclassification at the employee s former position without prejudice.
Sec. 2-357. New Employee Orientation
All new hires must attend the Department of Human Resources' orientation class within the first ninety (90) calendar days of employment. Successful completion is required for all newly hired employees. The Human Resources Department will post class meeting times, dates, and location; arrangements for attendance will be coordinated through the immediate supervisor.
Section 2-392 PAID TIME OFF (PTO)
PTO will be earned based on the table below. The established PTO year is the same as the fiscal year. PTO must be earned before it is used. Anticipated PTO leave may not be used under this plan. Staff will earn PTO on a monthly basis. PTO hours will be earned on paid holidays, while on jury duty, and personal days. PTO is not earned when a staff member is on LWOP or for overtime hours.
The Chart below shows the earning rates for PTO days.

-19:'>2 LOCAL .-\~D SPECI.-\L ACTS .-\.'.\'D RESOLCTIO~S. \'OL. II 1999 & FORWARD: RATES FOR FULL-TIME EMPLOYEES

Years of Service
0 to <I I to <5 5 to <10 IO to <15 15 to <20 20+

Annual PTO Available
12 days (96 hrs) 18 days ( 144 hrs) 21 days (168 hrs) 24 days (192 hrs) 27 days (216 hrs) 30 days (240 hrs)

Monthly Accrual Rate
I day (8 hrs) 1.5 days (12 hrs) 1.75 days ( 14 hrs) 2days(16hrs) 2.25 days ( 18 hrs) 2.5 days (20 hrs)

ELIGIBLE EMPLOYEES
All regular full-time employees of Rockdale County are eligible to earn PTO. All regular, part-time employees, working 20 or more hours per week, will be able to accrue PTO at 50% of the full-time rate of accrual.
NEW EMPLOYEES
New employees will be credited PTO as shown above, but will not be allowed to use earned PTO until completion of the first 90 days of employment. No payment for PTO will be allowed for employees leaving employment of the County prior to successful completion of the 180 day working test period.
USING PTO
Earned PTO may not exceed 320 hours (40 days). Accrued PTO in excess of 320 hours will be applied to an established Extended Leave Bank (ELB ), An employee who has been absent from work for more than four (4) consecutive calendar days due to a medically certified illness or injury will be eligible to use time accrued in the ELB for days off for the illness/injury in excess of four (4) days. To be compensated under the Extended Leave Bank, an employee must be unable to perform the duties of their position as certified by the employee's health care provider. There is no cap on hours earned in an employee's ELB. Employees with no earned ELB time must continue to use earned PTO. The ELB provides income protection only in the event of illness or injury and thus is not payable at separation from employment (unless qualified for retirement).
An employee will not earn PTO during any time that the employee is on Leave Without Pay (LWOP).
USING THE EXTENDED LEAVE BANK
After four consecutive days of PTO leave (or LWOP if applicable), an employee may begin to use time from his/her ELB. The employee must

GEORGI.-\ L-\WS 1999 SESSIO:\'

4953

provide medical certification of illness or injury. However, on the fifteenth consecutive day of leave the employee must contact his/ her supervisor and the Human Resources Office and elect one of several options listed below:
1) Continue using PTO / ELB leave (in the instance that the employee has no Short Term Disability, or STD, coverage)
2) Begin to use Short Term Disability (if eligible).
3) Delay receiving Short-Term Disability benefits (if eligible) by designating the ELB / PTO leave be used for a specific time period.
Should an employee be unable to contact the Human Resources Department and also carry STD coverage, option two (2) will automatically be applied to the absence upon reaching day fifteen (15). Should an employee be unable to contact the Human Resources Department and not carry STD coverage, option one (1) will automatically be applied to the absence.
PTO and THE FAMILY and MEDICAL LEAVE ACT
In any situation which falls under the Family and Medical Leave Act of 1993 (EMLA) for their own serious illness or the birth/ adoption of a child, in which an absence will exceed four (4) consecutive days, the employee's earned PTO will be used for the first four (4) days absence, followed by the employee's ELB. When the ELB has been exhausted, the remainder of the employee's earned PTO will be used. From the fifteenth (15) day forward the employee may qualify for STD benefits (see provisions of STD policy) and may use STD instead of ELB (but may not use both) during the period of illness or injury as defined by the STD plan.
WHEN PTO HAS BEEN EXHAUSTED
If an employee has exhausted his/ her PTO, any absences from work due to a medically certified illness or injury will be taken as Leave Without Pay (LWOP) for the first four- (4) days. For each consecutive, subsequent day, the employee will be eligible to use time, if available, in his/ her ELB.
If an employee has exhausted his/ her PTO, the requesting employee's manager or supervisor will be encouraged to deny approval for the request for time away from work which is not due to a medically certified illness or injury (with the exception of jury duty, court subpoena defined as "civic leave" and not of a personal nature, emergency leave and military leave, which will be paid according to existing policies). However, if the request is approved, the leave can be taken as LWOP.
Requests to use PTO will be made in accordance with the current attendance policy. If an employee should fail to appear for work without proper advance notice and/ or approval of leave, the supervisor and manager may deny PTO to cover the leave and take disciplinary action as appropriate.
SEPARATION/ TRANSFER

4954 LOCAL .-\..'\D SPECIAL .-\CTS .-\..'\D RESOLCTIO:\'S, \'OL. II
Earned and unused PTO will be paid at separation. Employees who leave during their probationary period and that have not satisfactorily completed their Working Test period are not eligible for PTO payment. PTO may not be taken during an employee's last two weeks of employment.
Employees who leave Rockdale County, Georgia and are then rehired within one year, will be eligible to count past years of service when applying this policy and will also be eligible for restoration of hours previously banked in the Extended Leave Bank, provided they gave appropriate notification of resignation, worked out their notice, and were not paid for the ELB under the provisions of the retirement section (below). Persons rehired after the 365 days have passed will be treated as a newly hired employee with no credit for previously worked time.
RETIREMENT
If you meet the requirements for 100% vesting (ten years of service) and retire from Rockdale County, in accordance with the provisions of the Rockdale County retirement system, you will be eligible to receive a lump sum payment. Specifically, 50% of the current value of the total number of hours in the Extended Leave Bank and 100% of PTO accumulated upon retirement will be paid to the employee. ELB hours will not be paid out for any other reason or in any other way. These hours are redeemable only in this manner.
SHORT TERM DISABILITY (STD)
A Short Term Disability, or STD, plan is available to employees in conjunction with this policy. Employees who are covered by Short Term Disability may request to begin STD coverage any time on or after the fifteenth consecutive day of a medically documented leave for illness or injury. Employees must contact Human Resources to request and receive approval for STD coverage. Rockdale County will share the cost of this plan with employees, each providing 50% of the premium. Participation in the Short Term Disability plan is voluntary. Please refer directly to the STD plan documents during the open enrollment period for details. (*Note: STD coverage and rates paid by the County are contingent upon meeting an annual minimum participation level as prescribed by the policy.)
LONG TERM DISABILITY (LTD)
A Long Term Disability, or LTD, plan is available as an insurance option to all employees. Employees who elect LTD coverage may request to begin LTD coverage any time on or after 181 days from the date of the qualifying date of injury or illness. The duration of the benefit depends on the specific recovery time for the qualifying injury or illness. Employees who wish to participate in the LTD plan will share the cost of premiums with Rockdale County, with each providing 50% of the premium. Participation is voluntary. Please refer directly to the STD plan documents during the open enrollment period for details. (*Note: LTD coverage and rates paid

GEORGL-\ L\}\'S 1999 SESSIO:\'

-1955

by the County are contingent upon meeting an annual minimum participation level as prescribed by the policy.)
Scheduling of Leave.
Employee paycheck stubs may reflect the amount of leave to which each employee is entitled. It is the responsibility of each department head or elected official to schedule the leave of his/her employees. When requests for the same period preclude the awarding of the leave time requested, the employee with the most service within the department will have first choice.
Leave Requests.
(a) Submittal of Request: Under ordinary circumstances, each employee must present all requests for leave to his/her supervisor in advance equivalent to the number of days requested. Leave requests for less than eight (8) hours must be submitted in advance at least the number of hours equivalent to the number of hours requested.
(b) Leave Requests without Prior Approval:
1. If an emergency prevents prior approval of leave, the employee must contact his/her immediate supervisor by 9:00 a.m. to report the absence. If the immediate supervisor cannot be reached, the employee should contact and secure the approval of the supervisor next in line of authority. If a supervisor in the line of authority cannot be reached, the employee must contact the director of human resources to secure approval.
2. When an employee returns to work, a "request for leave" must be submitted explaining the emergency of the situation.
Sec. 2-393. Extended Leave Bank/Family and Medical Leave
( 1) G('//fl'((f. Paid leaYe is a benefit which allows eligible employee time off without loss of pay or benefits from normalh scheduled work for planned vacations, illness, injury or related medical care of the employee, or an immediate family member. "'Immediate family member" is designed under the Family and '.\-ledical LeaYe Act as a spouse, son, daughter, or parent. PTO / ELB lea,e is required to be taken in conjunction with any request for leaYe under the Family and '.\-ledical LeaYe .-\ct, as described in Paragraph 8 below.
(2) Ralf of A.rrrual. See Sec. 2-392 Paid Time Off (PTO).
(3) .\lm.:i11111111 .4.llowabfp A.rr1111111latio11. All PTO leave greater than 40 days shall be transferred to the Extended Leave Bank. There is no maximum number of days/hours that can be accumulated in the Extended Leave Bank.
(4) Part ti111P E111plo_rPPS. Part time employees can earn leave as explained in Sec. 2-392 Paid Time Off (PTO).

4956 LOCAL .-\.". \;D SPECL\L .-\CTS .-\.."\;D RESOLCTIO:'\S, \'OL. II
(5) Reporting Lem1e. Employees shall report to their superYisors the reason for the need for leaYe as soon as possible. Failure to do so may result in denial of leaYe with paY. Special consideration will be gi,en to emergency situations.
(6) Dor/or's Certifimte. A medical certificate showing the duration of the requested leaYe and signed by a licensed physician ,rill be required by the department head to substantiate requests for leaYe in the eYent the absence consists of four (4) or more consecutiYe days.
(7) When the Extended Leave Ba11k is Exhausted. When ELB is exhausted, employees, may, with the prior approval of the department head, use unused accumulated PTO leave on a day-to-day basis. When all accumulated PTO and ELB leave has been exhausted, then with prior approval of the department head and the director of human resources, leave without pay may be granted.
(8) Fnmi~y nnd ,\lediral Lea11e. An eligible employee may take up to n,eh-e (12) weeks ofleaYe within a n,eh-e month period, defined by Rockdale Counn's fiscal Year, under the Famih and Yledical LeaYe .-\ct of 1993, to care for a spouse, son, daughter: or parent "ith a serious health condition, or because of the employees o"n serious illness or chronic/episodic health conditions. The t\rehe- (12) weeks may include accrued paid and unpaid leaYe.
(a) .-\n "eligible employee" is defined as someone who has worked for the County for a period of at least one (1) year, haYing ,rnrked 1,250 hours (minimum required by F\lL\) oYer the preYious t\relYe (12) months.
(b) "Serious injury or health condition is defined as an "Illness. injury, impairment, or chronic physical condition inYohing either inpatient care or continuing treatment bY a health care pro,ider."
(c) .-\n employee may take leaYe intermittently or on a reduced leaYe schedule when medicalh necessary; hmrewr, an intermittent or reduced schedule to care for a ne~rborn or newly adopted child must be approYed by the department head and the director of human resources.
(d) An employee must take any resene ELB/PTO leaYe as part of the t\reh-e \\eek F\lL\ period.
(e) .-\n employee must request F\lL\ leaye thirty (30) days in adYance "here possible,
(f) .-\n employee shall receiYe written notification of Rockdale Coun~s designation of time as F\lL\ lea,e.
(g) .-\n employee on F\IL\ leaYe is entitled to receiYe health benefits while on unpaid leaYe under the same terms and conditions as

GEORGL-\ L-\\\'S 1999 SESSIO~

-1-957

when working. Howe,er. Rockdale County may recmer health cmerage premiums paid for an employee who fails to return to work.
(h) Rockdale County must proYide sen-ice credit for the employee during unpaid F\IL-\ leaYe, but only for the purpose of arniding a break in sen-ice in regard to retirement benefits. Rockdale County is not required to count those hours toward the 1,000 hours needed to accrue additional eligibility, benefit or ,esting sen-ice.
(i) Rockdale County shall guarantee an employee on unpaid family and medical leaYe the right to return to the preYious or a ..Yirtually identical"" position.
U) Spouses who are both employed by Rockdale County are entitled to a total of twelYe weeks f\,IL-\ leaYe to care for a new child or sick parent. If the leaYe is required to care for a sick child or the other spouse. each spouse is entitled to tweh-e (12) weeks FML-\ lea,e.
(k) .-\ medical certificate supporting a request for F'.\-IL-\ leaYe and signed bY a licensed physician will be required by the Human Resources Department.
(1) Employees who haYe used F'.\-IL-\ for their own serious illness may be required to submit a .. fitness-for-duty report before they can return to work.
Sec. 2-395. Military Leave.
...\ny regular employee who lea,es the senice of the County to join the militan- forces of the l"nited States, or is inducted bY selectiYe serYice maY, upon ,~Titten request. and with the written apprm:al of the Departme1~t Head/ Elected Official be placed on military leaYe without pay, such leaYe to extend through a ninetY-day period after he / she is released from the sen-ice. Such an employee shall be entitled to be restored to the position which he/ she Yacated. prmided he/ she makes application within ninety (90) days of the date of honorable discharge, or discharge under honorable conditions, and if mentally and physically capable of performing the work of his/ her position....\n employee who is a member of the ~ational Guard of an organized military reserYe unit of the l"nited States which is called to acti,e duty or which requires its members to train yearly, will be allowed leaYe of absence with pay not to exceed eighteen (18) days during any calendar year to satisf\ that obligation. If the ~ational Guard of organized militan resene unit remains on actiYe duty beYond eighteen (18) days and the employee's sen-ices are still required, the employee may be placed on military leaYe without pay for the duration of his/ her actiYe duty obligation
Section 2-396. Leave without pay (LWOP).
LeaYe of absence without pay may be granted to an employee for compelling personal reasons or continuing education, upon his/ her

4958 LOCAL .--\.."-:D SPECIAL .-\CTS .--\.."-:D RESOLCTIO~S, \'OL. II

department heads recommendation, by the Chairperson of the Rockdale County Board of Commissioners or the appropriate elected official, for a period normalh not to exceed six (6) consecuti,e months. ~o accrual of PTO is allO\red for an employee who is on L\\'OP. HoweYer, health, life, and disability benefits may be continued. Any premium(s) due must be paid. Arrangements may be made \\ith the HR Dept for monthly payments or remittance \\hen the emploYee completes the period of L\-\'OP.

Consideration may be granted for an employee's request for one (1) additional period of LWOP of not to exceed six (6) months by the Chairperson for compelling personal reasons related to a disabling health condition or injury. In such cases, there should be a reasonable expectation that the employee will be able to return to duty following the period of LWOP. The needs of the County ,\'ill be the controlling factor in all considerations relating to approval or disapproval of LWOP.

SECTIO~ II

This ordinance shall become effectiYe on the second and final adoption as proYided by law.

SECTIO~ Ill

All ordinances or the Act or portions of the .-\ct, or parts thereof, in conflict herewith are hereby repealed.

First adopted this 8th day of December, 1998.

Second adopted this 22nd day of December. 1998.
BO...\RD OF co~nIISSIO~ERS ~orman \-\l1eeler Bud Sosebee Arthur A. \'aughn

Attest:

Jean F. Hambrick Ex Officio Clerk

ApprO\ed as to form: John ~ix
Count\.' Attorney.

First Reading 12-8-98 Second Reading 12-22-98
Publich- Ad,ertised: ~o,em.ber 26, 1998 December 3, 1998 December 10, 1998

GEORGIA LAWS 1999 SESSIO'.\

4959

.-\FFID.-\\1T OF PCBLIC.-\TIO'.\
ST.-\TE OF GEORGI.-\ COC'.\TY OF ROCKDALE
Personally appeared before the undersigned Tracie Gunn who on oath says that she is Legal Clerk of The Rockdale Citizen, and that the attached adYertisement was published in said newspaper on the following dates: '.\oY. 26, Dec. 3 & 10, 1998.
Traci Gunn
Sworn to and subscribed before me this I 0th day of December , 1998.
Stacey L. ~1urphy '.\otary Public, Rockdale County, Georgia Expires .\ug. 23, 2002
public notice
LEGAL Home Rule Amendment
Please take notice that pursuant to County Home Rule Authority under the Georgia Constitution Article IX, Sec. II, the Rockdale County Board of Commissioners has before it a proposal to amend House Bill 610, Ga. Laws 1977, page 2817, Section 13(e) Personnel Rules and Regulations. The proposed amendment is on file in the office of the Clerk of the Superior Court will furnish anyone upon written request, a copy of the proposed amendment. \our attention is imited to the complete copy on file in the Rockdale County Clerk of Superior Court office, Room 204, Rockdale CountY Courthouse.
Jean F. Hambrick Chief .-\dministratin .\ssistant Board of Commissioners 3tl'.\26, D3, DI 0thu
Filed in the Office of the Secretary of State December 29, 1998.

\i\'.-\LTO'.\ COC'.\TI' - BO.-\RD OF COM.\ilISSIO!\'ERS; PERSO'.\'.\EL .-\CTHORITY
AN ORDINANCE TO AMEND THE LOCAL ACT GOVERNING WALTON COUNTY, GEORGIA, WITH RESPECT TO THE PERSONNEL AUTHORITY OF THE BOARD; AND FOR OTHER PURPOSES.
\i\l1ereas the Walton County Board of Commissioners has the authoritY to amend the local act goYerning Walton County to giYe the Board, rather than the Chairperson, the authority to hire, supenise, and discharge

4960 LOCAL .-\.',;'D SPECIAL .-\CTS .-\.',;'D RESOLCTio::--:s, \'OL. II

county personnel without affecting the office of the Chairperson or the form of county goYernment in Yiolation of the Constitution or laws of the State of Georgia; and

\\11ereas the Walton County Board of Commissioners desires to amend the local act goYerning Walton County as allowed by Article 9, Section 2, Paragraph l(b) (I) of the Georgia Constitution; therefore

It is hereby ordained b, the Board of Commissioners of Walton Count\'

as follmrs:





I.

The local act goYerning Walton County (Ga. L. 1929, p. i-!i, as amended) is amended by adding a ne,r Section 1-1-(i}, which shall read in its entirety as follows:

(i) (I) The board is Yested with complete authority oyer personnel matters for all employees ,rithin the direct jurisdiction of the board. This authori~ includes, but is not limited to, the authori~ to appoint department heads, to assign employee positions, to approye and draft job descriptions of all employees, and to appoint indiYiduals for employment. Comersely, the board is ,ested with the right and authori~ to discharge employees within the jurisdiction of the board whether sening under the Chil Sen-ice Personnel Plan or bY direct appointment of the board. Except as may be specifically authorized by the board, the chairperson shall not by Yirtue of his or her office haYe the authori~ to hire, supenise, or discharge coun~ personnel.

(2) ::-.;othing in this section shall be construed to diYest any emplmee of the rights he or she may presently enjoy under the Chil Sen-ice Personnel Plan of Walton Coun~- ::--:othing in this section shall be construed to preYent the board from administering or amending the CiYil Sen-ice Personnel Plan of Walton Coun~ as may be proYided by resolution or ordinance. ::--:othing in this section shall be construed to preYent the board from delegating its authority mer personnel matters to the chairperson, an administratiYe assistant, a coun~ manager, or other person as the board may deem appropriate.

2.

This ordinance amending the local act goYerning Walton Coun~ shall take effect immediately upon its adoption at two regular consecutiYe meetings of the Walton Coun~ Board of Commissioners not less than seYen nor more than 60 days apart.

3.

All ordinances, resolutions, and proYisions of the local act, or parts of ordinances, resolutions, or proYisions of the local act, in conflict with this ordinance are repealed.

GEORGI.-\ L\WS 1999 SESSIO~

4961

ApproYed this 4th daY of August, 1998.

Brad Brmrnlow
::--:orma J. Billingsley
Lee P. \falc0m
Gene Dalh

P.C. Smith RoY Roberts

AN ORDINANCE TO AMEND THE LOCAL ACT GOVERNING WALTON COUNTY, GEORGIA, WITH RESPECT TO THE PERSONNEL AUTHORITY OF THE BOARD; AND FOR OTHER PURPOSES.

V111ereas the Walton CountY Board of Commissioners has the authoritY to amend the local act gmern.ing Walton County to giYe the Board, rathe; than the Chairperson, the authority to hire, supenise, and discharge county personnel ,rithout affecting the office of the Chairperson or the form of county gmernment in Yiolation of the Constitution or la\\s of the State of Georgia; and

\-\bereas the Walton CountY Board of Commissioners desires to amend the local act goYerning Walton County as allowed by Article 9, Section 2, Paragraph l(b) (I) of the Georgia Constitution; therefore

It is hereby ordained bY the Board of Commissioners of Walton CountY

as follows:



,

l.

The local act gmerning Walton County (Ga. L. 1929, p. 747, as amended) is amended bY adding a ne\\ Section 14(i), which shall read in its entirety as follmrs:
(i) (I) The board is Yestecl with complete authority oYer personnel matters for all employees within the direct jurisdiction of the board. This authoritY includes, but is not limited to, the authority to appoint department heads. to assign employee positions, to approYe and draft job descriptions of all employees, and to appoint indiYiduals for employment. ConYersely, the board is Yested with the right and authority to discharge employees within the jurisdiction of the board whether serYing under the CiYil Sen-ice Personnel Plan or by direct appointment of the board. Except as may be specifically authorized bY the board, the chairperson shall not by Yirtue of his or her office haYe the authority to hire, supenise, or discharge county personnel.
(2) ::--:othing in this section shall be construed to diYest any emplmee of the rights he or she may presently enjoy under the Chil Sen-ice Personnel Plan of Walton CountY. ::--:othing in this section shall be construed to preYent the board from administering or amending the CiYil Senice Personnel Plan of Walton County as may be proYided by resolution or ordinance. ::--:othing in this section shall be construed to preYent the board from delegating its authority oYer personnel matters to the chairperson, an administratiYe assistant, a countY manager, or other person as the board may deem appropriate.

4962 LOCAL ...\...'\iD SPECIAL .-\CTS ...\...'\iD RESOLCTIO!'iS, \'OL. II

2.

This ordinance amending the local act goyerning Walton County shall take effect immediately upon its adoption at two regular consecutiYe meetings of the Walton County Board of Commissioners not less than seYen nor more that 60 days apart.

3 .

.-\II ordinances, resolutions, and proYisions of the local act, or parts of ordinances, resolutions, or proYisions of the local act in conflict with this ordinance are repealed.

.-\pproYed this 1st day of Sept. , 1998.

Brad Brownlow
:'l:orma J. Billingsley
Lee P. ~alcom
P. C. Smith

Rm. :\'unnalh. Roberts Gene Dalh-

I, Leta P. Talbird, County Clerk, \\'alton County Board of Commissioners, do hereby certify that the attached documents are true and correct copies of the following:

1. Fhe ordinances passed by the Walton County Board of Commissioners at its meeting on August 4, 1998

2. FiYe ordinances passed by the Walton County Board of Commissioners at its meeting on September 1, 1998

Leta P. Talbird Count\' Clerk

11 / 3/ 98 date

STATE OF GEORGIA COUN1Y OF WALTON

Personally appeared before me, the undersigned :\'otary Public

Robert 0. Hale

who after being duly sworn stated under oath that he is the

Publisher

of The Walton Tribune newspaper, a newspaper of general circulation published in the City of yfonroe, Georgia, and who further states under oath that the ad\'ertisement attached hereto and made a part of this affidaYit appeared in The Walton Tribune on August 9, 16 and 23, 1998.

Robert 0. Hale (Robert 0. Hale) signature

Sworn to and subscribed before me, This 21st day of September, 1998.

GEORGI.\ L\WS 1999 SESSIO:'\

4963

CindY Little ~ly commission expires: 9-15-2001
PUBLIC NOTICE
.-\."\ ORDl~.-\.\;CE TO .-\.'.\-IE~D THE LOCAL .-\CT GO\'ER~l~G WALTO~ COL'~TY. GEORGI.\, WITH RESPECT TO THE PERSO~~EL .-\.L'THORITY OF THE BO.-\RD: .-\~D FOR OTHER PL'RPOSES.
\-\11ereas the walton Count\.' Board of Commissioners has the authoritY. to amend the local act g<werning Walton County to giYe the Board, rather than the Chairperson, the authority to hire, supen-ise. and discharge county personnel without affecting the office of the Chairperson or the form of county gmernment in \'iolation of the Constitution or la\\s of the State of Georgia: and
\-\l1ereas the Walton Count\' Board of Commissioners desires to amend the local act gmerning Walton County as allowed by Article 9, Section 2. Paragraph 1(b) ( 1) of the Georgia Constitution: therefore
It is hereby ordained by the Board of Commissioners of Walton County as follows:
I.
The local act goYerning Walton County (Ga. L. 1929, p. i4i, as amended) is amended by adding a new Section 14(i), which shall read in its entirely as follows:
(i) (1) The board is \ested with complete authority mer personnel matters for all employees within the direct jurisdiction of the board. This authority includes, but is not limited to, the authority to appoint department heads, to assign employee positions, to apprme and draft job descriptions of all employees, and to appoint indiYiduals for employment. Co1wersely, the board is Yested with the right and authority to discharge employees within the jurisdiction of the board whether sen-ing under the Chil Sen-ice Personnel Plan or by direct appointment of the board. Except as may be specifically authorized by the board. the chairperson shall not by Yirtue of his or her office h,l\'e the authority to hire. supen-ise. or discharge county personnel.
(2) ~othing in this section shall be construed to diYest any employee of the rights he or she may presently enjoy under the CiYil Senice Personnel Plan of Walton County. ~othing in this section shall be construed to pre,ent the board from administering or amending the CiYil Sen-ice Personnel Plan of Walton County as may be proYided by resolution or ordinance. ~othing is this section shall be construed to preYent the board from delegating its authority mer personnel matters to the chairperson, an administra1he assistant, a county manager, or other person as the board may deem appropriate.

-1964 LOCAL .--\~D SPECIAL .--\CTS .-\.."\D RESOLL'TIO:-.:S, \'OL. II
2.
This ordinance amending the local act goyerning Walton County shall take effect immediately upon its adoption at two regular consecuti,e meetings of the \,\'alton County Board of Commissioners not less than snen (i), nor more than sixty (60) days apart.
3 .
.--\II ordinances, resolutions, and proYisions of the local act or parts of ordinances, resolutions, or proYisions of the local act, in conflict with this ordinance are repealed.
.--\pproYed this ____ daY of ______, 1998.
Ordinance #1 99P\'3-!015 660-63, 65, 6i
Filed in the Office of the Secretary of State December 29, 1998.
\f.--\LTO~ COL'~TY - BOARD OF CO'.\n-IISSIO!\'ERS: SL'PER\1SORY .--\L'THORITY O\'ER D,lPLOYEES.
AN ORDINANCE TO AMEND THE LOCAL ACT GOVERNING WALTON COUNTY, GEORGIA, WITH RESPECT TO THE SUPERVISORY AUTHORITY OF THE BOARD; AND FOR OTHER PURPOSES.
\-\11ereas the Walton Counn Board of Commissioners has the authoritY to ame nd the local act goYern.ing Walton County to giYe the Board, rathe; than the Chairperson. the authoritY to hire, superYise, and discharge county personnel without affecting the office of the Chairperson or the form of county gmernment in dolation of the Constitution or laws of the State of Georgia; and
\\l1ereas the \\'alton Counn Board of Commissioners desires to amend the local act goYerning Walton County as allowed by Article 9, Section 2, Para~raph 1(b) (l) of the Georgia Constitution; therefore
It is hereby ordained bY the Board of Commissioners of \,\'alton County as follmrs:
I.
The local act goyerning \\'alton County (Ga. L. 1929, p. i4i, as amended) is amended bY adding a new Section 1-!(h), which shall read in its entirety as follows:
(h) The board is ,ested with superYison authority oYer all employees within the jurisdiction of the board. The board maY designate the chairperson. a department head. an administratiYe assistant. or a county manager the immediate supenisor of such employees as it may

GEORGI.--\ L\WS 1999 SESSIO'.\

--l:965

deem appropriate. Except as may be specifically authorized by the board, the chairperson shall not by ,irtue of his or her office haYe the authority to hire, superYise, or discharge county personnel.

2.

This ordinance amending the local act goYerning Walton County shall take effect immediately upon its adoption at two regular consecuti,e meetings of the Walton County Board of Commissioners not less than seYen nor more that 60 days apart.

3 .

.--\II ordinances, resolutions, and pro,isions of the local act, or parts of ordinances, resolutions, or proYisions of the local act, in conflict with this ordinance are repealed.

.--\pproYed this 4th day of ..\ugust , 1998.

Brad Brownlow
~orma J. Billingsley
Lee P. '.\falcom
Gene Dally

P. C. Smith Rew Roberts

AN ORDINANCE TO AMEND THE LOCAL ACT GOVERNING WALTON COUN1Y, GEORGIA, WITH RESPECT TO THE SUPERVISORY AUTHORI1Y OF THE BOARD; AND FOR OTHER PURPOSES.

\\l1ereas the Walton CountY. Board of Commissioners has the authoritY. to amend the local act goYerning Walton County to giYe the Board, rather than the Chairperson, the authority to hire, supenise, and discharge county personnel without affecting the office of the Chairperson or the form of county goyernment in Yiolation of the Constitution or laws of the State of Georgia; and

\\l1ereas the Walton County Board of Commissioners desires to amend the local act gmerning Walton County as allowed by Article 9, Section 2, Paragraph l(b) (1) of the Georgia Constitution; therefore

It is herebY ordained bY the Board of Commissioners of Walton Count,

as follows:





The local act goYerning Walton County (Ga. L. 1929, p. 747, as amended) is amended by adding a new Section 1--l:(h), which shall read in its entirety as follows:
(h) The board is Yested with superYisory authority oYer all employees within the jurisdiction of the board. The board may designate the chairperson, a department head, an administratiYe assistant, or a county manager the immediate supenisor of such employees as it may deem appropriate. Except as may be specifically authorized by the

4966 LOCAL .-\="D SPECIAL ACTS .-\..'\'D RESOLCTIO~S. \ 'OL. II

board. the chairperson shall not b, Yirtue of his or her office ha,e the authority to hire, super\"ise, or discharge county personnel.

2.

This ordinance amending the local act goYerning Walton County shall take effect immediately upon its adoption at two regular consecutiYe meetings of the \-\'alton Count\' board of Commissioners not less than sewn nor more that 60 days apart.

3 .

.-\II ordinances, resolutions. and proYisions of the local act, or parts of ordinances, resolutions. or prmisions of the local act in conflict with this ordinance are repealed.

.-\pprmed this lg day of Sept., 1998.

Brad Brownlow
~orma J. BillingsleY
Lee P. '.\falcom
P. C. Smith

RoY. ~mmalh.- Roberts
Gene Dalh-

I. Leta P. Talbird, Count\' Clerk, Walton Count\' Board of Commissioners,
do hereb, certif\ that the attached documents ~re true and correct copies of the follmdng:

1. FiYe ordinances passed b, the Walton County Board of Commissioners at its meeting on August 4. 1998

2. FiYe ordinances passed b, the Walton Count\' Board of Commissioners at its meeting on September 1. 1998

Leta P. Talbird CountY Clerk

11 / 3/ 98 date

STATE OF GEORGIA COUNTY OF WALTON

Personally appeared before me, the undersigned ~otarY Public

Robert 0. Hale

'"ho after being duly sworn stated under oath that he is the

Publisher

of The Walto11 Tribune newspaper. a ne,\'spaper of general circulation published in the City of '.\Ionroe. Georgia, and " ho further states under oath that the adYertisement attached hereto and made a part of this affidaYit appeared in The Walto11 Tribu11e on August 9, 16 and 23, 1998.

Robert 0. Hale (Robert 0 . Hale) signature

S\\orn to and subscribed before me, This 21st da, of September. 1998.

GEORGI..\ L\WS 1999 SESSIOX

496i

CindY Little '.\ly commission expires: 9-15-2001
PUBIC NOTICE
A.., ORDIX.-\.1\'CE TO .-\'.\IEXD THE LOCAL ..\CT GO\'ERXI~G W..\LTOX COC:'\TI', GEORGI.-\, \\lTH RESPECT TO THE PERSO!\'!\'EL ..\CTHORITI' OF THE BOARD: ..\XD FOR OTHER PCRPOSES.
\-\l1ereas the Walton County Board of Commissioners has the authority to amend the local act gmerning Walton County to giYe the Board, rather than the Chairperson, the authority to hire, supenise, and discharge county personnel without affecting the office of the Chairperson or the form of county goYernment in Yiolation of the Constitution or laws of the State of Georgia: and
\-\l1ereas the Walton CountY Board of Commissioners desires to amend the local act goYerning Walto.n County as allowed by Article 9, Section 2, Paragraph 1(b) (1) of the Georgia Constitution; therefore
It is hereby ordained by the Board of Commissioners of Walton County as follows:
I.
The local acting goyerning Walton County (Ga. L 1929, p. i4i, as amended) is amended by adding a new Section 14(h). which shall read in its entiretY as follows:
(h) The board is ,ested with supenisory authority oYer all employees within the jurisdiction of the board. The board may designate the chairperson. a department head, an administratiYe assistant, or a county manager the immediate supen-isor of such employees as it may deem appropriate. Except as may be specifically authorized by the board. the chairperson shall not by Yirtue of his or her office haYe the authority to hire. superYise. or discharge county personnel.
2.
This ordinance amending the local act goyerning Walton County shall take effect immediately upon its adoption as two regular consecuthe meetings of the Walton County Board of Commissioners not less than seYen (i) nor more than sixty (60) days apart.
3 .
..\ll ordinances, resolutions and proYisions of the local act. or parts of ordinances, resolutions. or 1)rmisions of the local act, in conflict with this ordinance are repealed.
..\pprmed this ____ daY o f - - - - - 1998.

-1968 LOC.-\L .-\.'\:D SPECI.-\L .-\C.TS .-\.'\:D RESOLLTIO.'\:S, \'OL. II

Ordinance #2

99 P\ '3-!015

661-63, 65, 67

Filed in the Otlice of the Secretary of State December 29, 1998.

\\'.\I.TO.'\: COL.'\:TY - BO.-\RD OF CO\1:\-IISSIO~ERS; .-\D\11.'\: ISTR-\Tl\'E .-\SSIST.-\.,T .-\.'\:D PERSO.'\:.'\:EL.
AN ORDINANCE TO AMEND THE LOCAL ACT GOVERNING WALTON COUN1Y, GEORGIA, WITH RESPECT TO THE AUTHOR11Y TO HIRE AN ADMINISTRATIVE ASSISTANT TO THE BOARD; AND FOR OTHER PURPOSES.
\\l1ereas the \i\'alton Count\' Board of Commissioners has the authoritY to amend the local act go\'erning Walton County to gi,e the Board, rathe;than the Chairperson, the authorit~ to hire, super\'ise, and discharge county personnel without affecting the office of the Chairperson or the form of county go\'ernment in ,iolation of the Constitution or laws of the State of Georgia; and
\\l1ereas the Walton Count, Board of Commissioners desires to amend the local act gowrning Walton County as allowed by Article 9, Section 2, Paragraph l(b) (I) of the Georgia Constitution; therefore
It is hereb,. ordained b". the Board of Commissioners of Walton Count., as follows:
I.
The local act gmerning Walton County (Ga. L. 1929, p. 7-17, as anwnckd) is amended by adding a new Section 1-l(g), which shall read in its entiret, as follows:
(g) The board is hereby ,ested ,\ith the authority to employ or contract the ser\'ices of an administrati\'e assistant to the board and such other additional personnel as a m,~ority of the board may deem necessary and appropriate to the effecti,e administration of the policies. duties, and authority of the board.

This ordinance amending the local act gmerning Walton County shall take effect imnwdiatel~ upon its adoption at two regular consecuti,e meetings of the \\'alton County Board of Commissioners not less than senn nor more that 60 days apart.

.-\II ordinances. resolutions. and pro\'isions of the local act. or parts of ordinances, resolutions, or pro\'isions of the local act. in conflict with this ordinance are repealed.

GEORGI.\ L\WS 1999 SESSIO:\'

4969

.\pproYed this 4th day of August, 1998.

Brad Brmrnlow
:\'orma J. Billingsley
Lee P. '.\Ialcom
Gene Dalh

P. C. Smith RoY Roberts

AN ORDINANCE TO AMEND THE LOCAL ACT GOVERNING WALTON COUNTY, GEORGIA, WITH RESPECT TO THE AUTHORITY TO HIRE AN ADMINISTRATIVE ASSISTANT TO THE BOARD; AND FOR OTHER PURPOSES.

Whereas the Walton County Board of Commissioners has the authority to amend the local act goyerning Walton County to gi,e the Board, rather than the Chairperson, the authority to hire, superYise, and discharge county personnel without affecting the office of the Chairperson or the form of county goYernment in Yiolation of the Constitution or laws of the State of Georgia; and

\.\11ereas the \\'alton Count\" Board of Commissioners desires to amend the local act goYerning Walton Count\" as allowed by Article 9, Section 2, Paragraph l(b) (I) of the Georgia Constitution; therefore

It is hereby. ordained bY. the Board of Commissioners of Walton Count\". as follows:

I.

The local act gmerning Walton County (Ga. L. 1929, p. 7-17, as amended) is amended by adding a new Section 1-!(g) , which shall read in its entirety as follows:

(g) The board is hereby Yested with the authority to employ or contract the sen-ices of an administratiYe assistant to the board and such other additional personnel as a m,tjority of the board may deem necessary and appropriate to the effectin administration of the policies, duties, and authority of the board.

2.

This ordinance amending the local act gmerning Walton Count\ shall take effect immediately upon its adoption at t\\"O regular consecutiYe meetings of the Walton Count\ Board of Commissioners not less than senn nor more that 60 days apart.

.\JI ordinances, resolutions, and pro,isions of the local act. or parts of ordinances, resolutions. or 1Jrmisions of the local act. in conflict \\"ith this ordinance are repealed.
.\pproYed this l st of Sept.. 1998.

--l-9i0 LOCAL .-\:\0 SPECI.-\.L .-\CTS .-\:\0 RESOLLTIO:\S, \'OL. II

Brad Brownlow
:\orma J. Billingsley
Lee P. \lakom
P. C. Smith

Gene 0alh Rm. :\unnalh. Roberts

I. Leta P. Talbird. Count\' Clerk. \\'alton CountY Board of Commissioners. do hereby certif\ that th~ attached documents :u-e true and correct copies of the following:

I . FiYe ordinances passed by the \\'alton County Board of Commissioners at its meeting on August --1-. 1998

2. Fi,e ordinances passed by the \\'alton County Board of Commissioners at its meeting on September 1. 1998

Leta P. Talbird Count\' Clerk

11 / 3/ 98 date

STATE OF GEORGIA COUN'IY OF WALTON

Personally appeared before me. the undersigned :\otary Public

Robert 0. Hale

who after being duly S\\Orn stated under oath that he is the

Publisher

of The Walton Tribune newspaper. a newspaper of general circulation published in the City of \lonroe. Georgia. and who further states under oath that the adnrtisement attached hereto and made a part of this affid,l\it appeared in The Wa/to,i Tribu,ie on August 9. Hi and 23. 1998.

Robert 0. Hale (Robert 0. Hale) signature

Sworn to and subscribed before me. This '.21st da\' of SeQtember. 1998.

Cinch Little \ly commission expires: 9-1:1-200 I

PUBLIC NOTICE

.-\..'\ ORDl:\.-\..'\CE TO A\IE:\0 THE LOC-\.L .-\CT GO\'ER.'\l:\G \\"ALTO:\ COL.:\T\'. GEORGL-\. \\lTH RESPECT TO THE ALTHORITI' TO HIRE .-\..'\ .--\D\11:\ISTR.-\Tl\'E ASSISTA:\T TO THE BOARD: .-\..'\0 FOR OTHER PCRPOSES.

\\11ereas the \\'alton Count\' Board of Commissioners has the authorit\' to amend the local act gmen1ing \\'alton County to giw the Board. rathe; than the Chairperson. the authority to hire. supenise. and discharge count\' personnel without affecting the oflice of the Chairperson or the

GEORGI.-\ L-\WS 1999 SESSIO'.\:

-l971

form of county goYernment in Yiolation of the Constitution or laws of the State of Georgia; and
\\11ereas the \\'alton Count\' Board of Commissioners desires to amend the local act goYerning Walton County as allowed by Article 9. Section 2. Paragraph I (b) (I) of the Georgia Constitution: therefore
It is hereby ordained by the Board of Commissioners of Walton County as follows:
I.
The local act goYerning Walton County (Ga. L. 1929, p. 7-l7. as amended) is amended by adding a new Section 1-l(g). which shall read in its entiretY as follows:
(g) The board is hereby Yested with the authority to employ or contract the sen-ices of an administratiYe assistant to the board and such other additional personnel as a majority of the board may deem necessary and appropriate to the effecti\e administration of the policies. duties. and authoritY of the board.
2.
This ordinance amending the local act goYerning Walton Count\' shall take effect immediately upon its adoption at two regular consecuti\e meetings of the Walton County Board of Commissioners not less than sewn (7) nor more than sixty (60) days apart.
3 .
.-\11 ordinances, resolutions. and prmisions of the local act. or parts of ordinances, resolutions. or prmisions of the local act, in conflict with this ordinance are repealed.
.-\ppro\'ed this ____ daY of ______ I 998.
Ordinance #3 99P\'34015 662-63, 65, 67
Filed in the Office of the Secretary of State December 29. 1998.

W.-\LTO:'\ COC'.\:TY - BO.-\RD OF CO\I\HSSIO'.\:ERS: CH.-\IRPERSO'.\:; DCTIES.
AN ORDINANCE TO AMEND THE LOCAL ACT GOVERNING WALTON COUN1Y, GEORGIA, WITH RESPECT TO THE SUPERINTENDING DU1Y OF THE CHAIRPERSON; AND FOR OTHER PURPOSES.
\\11ereas the Walton Count\' Board of Commissioners has the authorit\' to amend the local act goYen{ing Walton County to ghe the Board, rathe~

-1972 LOCAL .-\..'\;D SPECIAL ..\CTS .-\..'\;D RESOLCTIO'.\:S, \'OL. II

than the Chairperson, the authority to hire, superYise, and discharge county personnel without affecting the office of the Chairperson or the form of county goYernment in \"iolation of the Constitution or laws of the State of Georgia; and

V\11ereas the Walton CountY Board of Commissioners desires to amend the local act gmerning Walton Count\' as allowed by ,-\.rticle 9, Section 2, Paragraph l(b) (1) of the Georgia Constitution; therefore

It is hereby ordained b, the Board of Commissioners of Walton Count\'

as follows:





I.

Section 1-!(e) of the local act goYerning Walton County (Ga. L. 1929. p. 7-17, as amended) is amended by deleting the first sentence of said proYision, so that Section H(e) shall read in its entirety as follows:

(e) Custody and control oYer all county property is hereby Yested in the full seYen (7) member board and it shall be used as directed bY a majority of said board. All contracts and all purchases, and all rntes taken by the board, shall be listed and entered upon the minutes of said board.

2.

This ordinance amending the local act gmerning Walton County shall take effect immediately upon its adoption at two regular consecutiYe meetings of the Walton County Board of Commissioners not less than seYen nor more that 60 days apart.
3 .

..\II ordinances, resolutions, and proYisions of the local act, or parts of ordinances, resolutions, or proYisions of the local act, in conflict with this ordinance are repealed.

ApproYed this -1th day August, 1998.

Brad Brownlow
'.\:orma J. Billingsley
Lee P. \falcom Gene Dall,

P. C. Smith Rm Roberts

AN ORDINANCE TO AMEND THE LOCAL ACT GOVERNING WALTON COUNTY, GEORGIA, WITH RESPECT TO THE SUPERINTENDING DUfY OF THE CHAIRPERSON; AND FOR OTHER PURPOSES.
V\bereas the Walton Count\' Board of Commissioners has the authoritY to amend the local act gmen{ing Walton County to giYe the Board, rathe; than the Chairperson, the authority to hire, supenise, and discharge county personnel without affecting the office of the Chairperson or the

GEORGI.-\ L\.WS 1999 SESSIO~

-1-9i3

form of county gmernment in ,iolation of the Constitution or laws of the State of Georgia; and

\-\11ereas the \-\'alton County Board of Commissioners desires to amend the local act gmerning Walton County as allowed by Article 9, Section 2. Paragraph 1(b) (l) of the Georgia Constitution; therefore

It is hereby ordained by the Board of Commissioners of Walton County as follows:

1.

Section 1-1-(e) of the local act gmerning Walton County (Ga. L. 1929. p. i4i, as amended) is amended by deleting the first sentence of said proYision, so that Section 1-1-(e) shall read in its entirety as follows:

(e) Custody and control oYer all county property is hereb, ,ested in the full seYen (i) member board and it shall be used as directed by a majority of said board. All contracts and all purchases, and all Yotes taken by the board, shall be listed and entered upon the minutes of said board.

2.

This ordinance amending the local act gmerning Walton County shall take effect immediately upon its adoption at two regular consecutiYe meetings of the Walton County Board of Commissioners not less than se,en nor more that 60 days apart.

3 .

.-\II ordinances, resolutions, and prmisions of the local act, or parts of ordinances, resolutions, or proYisions of the local act in conflict with this ordinance are repealed.

.-\pproYed this 1st day of Sept. . 1998.

Brad Brownlow
;\"onna J. Billingsley
Lee P. \lalcom
P. C. Smith

Gene Dalh R<w. ~unnalh. Roberts

I, Leta P. Talbird, Count\' Clerk, Walton Count\' Board of Commissioners. do hereby certif\ that the attached documents are true and correct copies of the following:

1. Fi\e ordinances passed by the Walton County Board of Commissioners at its meeting on .-\ugust 4, 1998

2. FiYe ordinances passed by the Walton County Board of Commissioners at its meeting on September 1, 1998

Leta P. Talbird Count\ Clerk

11 / 3/ 98 date

4974 LOCAL .-\."\;D SPECIAL ACTS .-\."\;D RESOLLTIONS, \'OL. II
STATE OF GEORGIA COUN'IY OF WALTON
Personally appeared before me, the undersigned :-,;otary Public
Robert 0. Hale
who after being duly sworn stated under oath that he is the
Publisher
of The Walton Tribune newspaper, a newspaper of general circulation published in the City of :vt.onroe, Georgia, and who further states under oath that the ad,ertisement attached hereto and made a part of this affidaYit appeared in The Walton Tribune on August 9, 16 and 23, 1998.
Robert 0. Hale (Robert 0 . Hale) signature
Sworn to and subscribed before me, This 21st day of September, 1998.
Cindy Little \-ly commission expires: 9-15-2001
PUBLIC NOTICE
,-\."\; ORDI:-,;A.'\;CE TO A'.'vIE:--;D THE LOCAL ACT GO\'ER."\;I:--;G
WALTO!\' coc:-,;TY, GEORGL-\, \,\lTH RESPECT TO THE SCPERI7'-
TE'.\iDI'.\iG DLTY OF THE CHAlRPERSOr-..;; .-\.'\iD FOR OTHER PCRPOSES.
\,\l1ereas the Walton Count\' Board of Commissioners has the authoritY to amend the local act gmen{ing Walton County to giYe the Board, rathe; than the Chairperson, the authority to hire, supenise, and discharge county personnel without affecting the office of the Chairperson, the authority to hire, supen-ise, and discharge county personnel without affecting the office of the Chairperson or the form of county goyernment in Yiolation of the Constitution or laws of the State of Georgia; and
\,\llereas the Walton Count\' Board of Commissioners desires to amend the local act goYerning Walton County as allowed by Article 9, Section 2, Paragraph 1(b) (1) of the Georgia Constitution; therefore
It is hereby ordained by the Board of Commissioners of Walton County as follows:
1.
Section 14(e) of the local act goYerning Walton County (Ga. L. 1929, p. 747, as amended) is amended by deleting the first sentence of said proYision, so that Section 14(e) shall read in its entirety as follows:

GEORGI.-\ L\WS 1999 SESSIO:'\

-1975

(e) Custody and control O\'er all county property is hereby Yested in the full se\'en (7) member board and it shall be used as directed by a majority of said board. .--\II contracts and all purchases, and all \'Otes taken by the board, shall be listed and entered upon the minutes of said board.
2.
This ordinance amending the local act goyerning Walton County shall take effect immediately upon its adoption at nrn regular consecuti,e meetings of the Walton County Board of Commissioners not less than seyen (7) days nor more than sixty (60) days apart.
3 .
.--\II ordinances, resolutions, and proYisions of the local act, or parts of ordinances, resolutions, or prmisions of the local act, in conflict with this ordinance are repealed.
Apprmed this ____ da\' of ______ 1998.
Ordinance #-1 99P\'34015 663-63, 65, 67
Filed in the Office of the Secretary of State December 29, 1998.

WALTO:'\ COC:'\TY - BOA.RD OF CO\I:\'1ISSIO:'\ERS; OFFICE OF
coc~n' \,L.\..'\'.-\GER; CREA.TIO~.

AN ORDINANCE TO AMEND THE LOCAL ACT GOVERNING WALTON COUNTY, GEORGIA, WITH RESPECT TO THE CREATION OF THE OFFICE OF COUNTY MANAGER; AND FOR OTHER PURPOSES.

Whereas the General Assembly of the State of Georgia has authorized the goYerning authority of each county to create the office of county manager; and

\\11ereas the Walton County Board of Commissioners is the goYerning authority of Walton County; and

\\bereas the Walton Count\' Board of Commissioners desires to amend the local act goYerning Walto.n County as allowed by Article 9, Section 2, Paragraph 1(b) (1) of the Georgia Constitution to create the office of county manager for Walton County; therefore

It is hereby ordained b, the Board of Commissioners of Walton Count\'

as follows:





1.

The local act gmerning Walton County (Ga. L. 1929, p. 747, as amended) is amended by adding a new Section 26, which shall read in its entirety as follows:

4976 LOC.-\L .-\:\'D SPECIAL .-\CTS .-\.'.:0 RESOLCTIO:\'S, \'OL II

Sec. 26. (a) The office of county manager for Walton County is created, and the board may Yest in such office powers, duties, and responsibilities of an administratiYe nature as the board may deem appropriate.

(b) The qualifications, method of selection, appointment, compensation, tenure. and such other related matters pertaining to the office of county manager shall be proYided for by the board as the board may deem appropriate.

(c) :\'othing in this section shall require the board to fill the office of county manager as the board may leaye such office Yacant as it may deem appropriate.

2.

The local act goYerning Walton Count\' (Ga. L 1929, p. 747, as amended) is amended by redesignating former Section 26 as Section 27.

3.

This ordinance amending the local act goYerning walton County shall take effect immediately upon its adoption at two regular consecutiw meetings of the Walton County Board of Commissioners not less than se,en nor more that 60 days apart.

4 .

.-\JI ordinances, resolutions, and proYisions of the local act, or parts of ordinances, resolutions, or prmisions of the local act, in conflict with this ordinance are repealed.

.-\pprmed this 4th daY of August, 1998.

Brad Brmrnlm,
:\'orma J. Billingsley
Lee P. Malcom
Gene Dall\'

RoY Roberts P. C. Smith

AN ORDINANCE TO AMEND THE LOCAL ACT GOVERNING WALTON COUNTY, GEORGIA, WITH RESPECT TO THE CREATION OF THE OFFICE OF COUNTY MANAGER; AND FOR OTHER PURPOSES.

\-\11ereas the General Assembly of the State of Georgia has authorized the gmerning authority of each county to create the office of county manager; and

\-\l1ereas the Walton County Board of Commissioners is the gmerning authority of Walton County; and

\-\l1ereas the Walton Count\' Board of Commissioners desires to amend the local act goYerning Walton County as allowed by Article 9, Section 2,

GEORGIA L-\\-\'S 1999 SESSIO:\'

-l9i7

Paragraph 1(b) (1) of the Georgia Constitution to create the office of county manager for Walton County; therefore

It is h ereby ordained bY the Board of Commissioners of Walton Count\'

'

'

'

as follows:

L

The local act gmerning Walton County (Ga. L. 1929, p. 747, as amended) is amended by adding a new Section 26, which shall read in its entiretY as follows:

Sec. 26. (a) The office of county manager for Walton County is created, and the board may Yest in such office powers, duties, and responsibilities of an administratiYe nature as the board may deem appropriate.

(b) The qualifications, method of selection, appointment, compensation, tenure, and such other related matters pertaining to the office of county manager shall be prmided for by the board as the board may deem appropriate.

(c) :\'othing in this section shall require the board to fill the office of county manager as the board may leaYe such office Yacant as it may deem appropriate.

2.

The local act goyerning Walton County (Ga. L. 1929, p. 747, as amended) is amended by redesignating former Section 26 as Section 27.

3.

This ordinance amending the local act goyerning Walton County shall take effect immediately upon its adoption at two regular consecuti\e meetings of the Walton County Board of Commissioners not less than seYen nor more that 60 days apart.

4.

A.II ordinances, resolutions, and proYisions of the local act, or parts of ordinances, resolutions, or prmisions of the local act in conflict with this ordinance are repealed.

.-\pproYed this 1st day of Sept., 1998.

Brad Brownlow
:'.\l'orma J. Billingsley
Lee P. Malcom
P. C. Smith

Gene Dalh'

Rm :\'unnalh' Roberts

'

'

I, Leta P. Talbird, Count\' Clerk, Walton Count\' Board of Commissioners, do hereby certify that th~ attached documents are true and correct copies of the following:

4978 LOCAL AXD SPECIAL ACTS .-\.'\D RESOLLTIO:'\S, \'OL. II

1. FiYe ordinances passed by the Walton County Board of Commissioners at its meeting on August 4, 1998

2. FiYe ordinances passed by the Walton County Board of Commissioners at its meeting on September I, 1998

Leta P. Talbird CountY Clerk

11/3/98 date

STATE OF GEORGIA COUN1Y OF WALTON

Personally appeared before me, the undersigned '.'\otary Public Robert 0. Hale

who after being duly sworn stated under oath that he is the

Publisher

of The Walton Tribune newspaper, a newspaper of general circulation published in the City of .\fonroe, Georgia, and who further states under oath that the adYertisement attached hereto and made a part of this affidaYit appeared in The Walton Tribu11e on August 9, 16 and 23, 1998.
Robert 0. Hale (Robert 0. Hale) signature

Sworn to and subscribed before me,

This 21st day of September, 1998.

Cindy Little .\'ly commission expires: 9-15-2001

PUBLIC NOTICE

AN ORDINANCE TO AMEND THE LOCAL ACT GOVERNING WALTON COUN1Y, GEORGIA, WITH RESPECT TO THE CREATION OF THE OFFICE OF COUN1Y MANAGER; AND FOR OTHER PURPOSES.

\\l1ereas the General Assembly of the State of Georgia has authorized the goYerning authority of each county to create the office of county manager; and

\\11ereas the Walton County Board of Commissioners is the governing authority of Walton County; and

\\l1ereas the Walton Countv Board of Commissioners desires to amend the local act gmerning Walto'n County as allowed by Article 9, Section 2, Paragraph l(b) (1) of the Georgia Constitution to create the office of county manager for Walton County; therefore

GEORGIA L\WS 1999 SESSIO!\

4979

It is herebv ordained b, the Board of Commissioners of Walton Countv

as follows:





The local act gmerning Walton County (Ga. L. 1929, p. 747, as amended) is amended by adding new Section 26, which shall read in its entiretY as follows:
Sec. 26. (a) The office of county manager for Walton County is created, and the board may best in such office powers, duties, and responsibilities of an administrathe nature as the board may deem appropriate.
(b) The qualifications, method of selection, appointment, compensation, tenure, and such other related matters pertaining to the office of county manger shall be prmided for by the board as the board may deem appropriate.
(c) !\othing in this section shall require the board ot fill the office of county manager as the board may leaYe such office Yacant as it may deem appropriate.
2.
The local act goYerning Walton County (Ga. L. 1929, p.747, as amended) is amended by redesignating former Section 26 as Section 27.
3.
This ordinance amending the local act gmerning Walton County shall take effect immediately upon its adoption at two regular consecutiYe meetings of the Walton County Board of Commissioners not less than se,en (7) nor more than sixty (60) days apart.
4.
All ordinances, resolutions, and pro,isions of the local act, or parts of ordinances, resolutions, or provisions of the local act, in conflict with this ordinance are repealed.
Apprmed this ____ daY of _ _ _ _ _ 1998.
Ordinance #5 99P\'34015 664-68, 65, 67
Filed in the Office of the Secretary of State December 29, 1998.
CLAYfO!\ COC!\TI' - CLAYfO!\ COC!\lY, GEORGIA PCBLIC EMPLOYEE RETIREME!\T SYSTEM; CREDITED SER\1CE; NORivlAL RETIRE~IE!\T AGE; TI\'E!\lY-FOCR HOCR PERSO!\~EL; CO!\TRIBCTIO!\:S.
STATE OF GEORGIA COCN'lY OF CLA\TO!\

4980 LOCAL A..."lD SPECIAL ACTS A.'-:D RESOLCTIO:\S, \'OL. II
ORDI:'.'i.-\.'..-:CE >iO. 98 - H3
A.'\/ ORDI:'.\iA."lCE ADOPTED C'.\DER THE HOME RCLE POWERS. GR.A.'.\/TED TO CLWTO!\ COC:\TY PCRSL\.'\T TO .-\RTICLE IX, SECTION II, PARAGR.-\PH I OF THE CO!\STITCTIO'.\ OF THE ST.-\TE OF GEORGI.-\ OF 1983, .-\..\1E'.\lDI:'.\iG THE CL\\TO'.\ COC'.\IT CODE OF ORDI:\'A.'.\/CES, SPECIFICALLYSECTIO:--;S 1.12, 1.29, 1.39,-\, A.'.\D 3.l(A) OF THE CL-\YTO!\ COCNTY, GEORGL-\ PCBLIC E:\IPLO\EE RETIRE\1E:--;T SYSTE.\11. .-\S SCCH SECTIONS REL-\TE TO CREDITED SER\1CE, NOR'.'vL-\L RETIRPvlE'.\lT .-\GE, TWE:--;TY-FOL'R HOCR PERSO:--:'.\EL, A.'\/D PL-\.~ SPO;\'SOR CO!\TRIBCTIO'.\S; TO PRO\1DE FOR SEVER-\BILITY; TO REPE.-\L CO!\FLICTI:--:G L-\WS, ORDI'.\.-\:--;CES, A.'\/D RESOLCTIONS; TO PRO\'IDE .-\.''-: EFFECTl\'E D.-\TE OF THIS ORDI:'.'i.-\."lCE; .-\:\'D FOR OTHER PCRPOSES.
\i\'HERE.-\S, Clayton County and the Clayton County Water Authority maintain the Clayton County, Georgia Public Employee Retirement System (the "Plan") by an .-\ct of the General Assembly of the State of Georgia, which became effectiYe July 1, 1971; and
\i\'HEREAS, the Plan was last amended and restated by Ordinance 98--1 of the Clanon County Code of Ordinances, effectiYe .-\ugust 8, 1998; and
\i\'HEREAS, the Plan is proposed to be amended to modif\ proYisions relating to credited sen-ice, normal retirement age, twenty-four hour personnel, and Plan Sponsor contributions in the manner approYed by the Board of Commissioners.
BE IT ORDAl!\ED BY THE BOARD OF CO~l.\ilISSIO!\ERS OF CL-\YTOI\' COC'.\TY .-\.'\D IT IS HEREBY ORD.-\1'.\ED
Section I. By the authority granted to Clayton County pursuant to .-\rticle IX, Section II, Paragraph I of the Constitution of the State of Georgia of 1983, the Board of Commissioners hereby amends the Clanon Count\' Code of Ordinances, as amended, by amending Sections 1.12: 1.29, 1.39.-\, A.~D 3.1 (a) of the Clayton County, Georgia Public Employee Retirement System (the "Plan") in the following particulars:
I. By deleting existing Section 1.12 in its entirety, and in lieu thereof enacting a new Section 1.12 to read as follows:
"1.12 (a) 'Credited Senice' means the number of years and completed months (calculated by aggregating all periods whether or not consecutiYe) of continuous employment with a Plan Sponsor as an Employee beginning on the date of the Employee's employment commencement date and ending on his SeYerance Date. For purposes of determining the Credited Sen-ice of a Participant who ,ms formerly an employee of The City of Forest Park Water and Sewer Department who was an Employee of the Clayton County Water Authority on January 1, 1994, the Credited Sen-ice of such Participant shall include his periods of sen-ice with The City of Forest Park Water and Sewer Department.

GEORGIA L\\,\'S 1999 SESSIO:\'

4981

(b) For purposes of determining Credited SerYice, a Participant's sick leaYe may be counted in accordance with the following additional rules:
(i) Each Participant's current sick leaYe and reser\'e sick leaYe ("Total Sick Leaye"), as determined under the Plan Sponsor's standard personnel practices, shall be in determining Credited Senice at the Participant's Retirement Date, death or other termination of employment.
(ii) With respect to Participants other than Participants who are Twenty-Four Hour Personnel, a Participant's Total Sick Lea\'e shall be co1werted to months of Credited Sen-ice by diYiding the number of hours of Total Sick Lea\e by I i3.6 hours (the cmwersion factor assumes 21.i eight-hour days per month, regardless of actual circumstances), with each 1i3.6 hour increment constituting one month of Credited Senice.
(iii) With respect to Participants who are Twenty-Four Hour Personnel , except as proYided in Subsection (b) (iY) below, a Participant's Total Sick LeaYe shall be cmwerted to months of Credited Senice by dhiding the number of hours of Total Sick LeaYe by 264 hours (the cmwersion factor assumes 11 twenty-four hour days per month, regardless of actual circumstances), with each 264 hour increment constituting one month of Credited Sen-ice.
(iY) With respect to Participants who are Twenty-Four Hour Personnel, a Participant's Total Sick Lean, accrued as of December 25, 1998 (but subject to reduction in accordance with either the immediately succeeding sentence or Section 1.29 or both) shall be co1werted to months of Credited Sen-ice by dhiding the number of hours of Total Sick Lea\e by li3.6 hours (the cmwersion factor assumes 21.i eight-hour days per month, regardless of actual circumstances), with each I i3.6 hour increment constituting one month of Credited Senice. Any reductions to such a Participant's reserYe sick leaYe that occur as a result of the Participant's request to use accumulated reserYe sick lea\'e during his employment shall be applied against the Participant's resen-e sick leaYe on a 'first in, first out' basis.
(\) :'\o partial month that results from the application of any cmwersion formula shall be so credited to a Participant=s Credited SerYice.
(Yi) :\'otwithstanding any other prmision of this Section, Credited Sen-ice shall not be increased by any Total Sick Lea\'e that is applied to reduce a Participant's :'\onnal Retirement Age in accordance with Section 1.29."
2. By deleting existing Section 1.29 and by substituting therefor the following:

4982 LOCAL ..\..'\iD SPECIAL ACTS ..\..'\iD RESOLL'TIOJ',;S, \'OL. II
"1.29 '.'.\formal Retirement Age means the date a Participant attains the earlier of (a) the later of (I) age 65, or (ii) the Participant's fifth anniYersary of participation in the Plan; or (b) age 55 after completing twentv-fiye (25) vears of Credited Senice. In the case of SafetY Personnel, 'age 60' shall be substituted for 'age 65' in Subsection (a) (I) aboYe. A Participant, or the Beneficiary of a deceased Participant, may elect to apply all or a portion of a Participant's Total Sick Leaye (as determined in accordance with Subsection (b) (I) of Section 1.12) as an age credit in the eYent the Participant would not, but for the age credit, be considered to haYe attained '.\:onnal Retirement Age. A Participant's actual age may be increased by the application of the Participant's Total Sick Lea,e in accordance with one of the following formulas, as applicable:
(i) with respect to Participants other than Participants who are Twenty-Four Hour Personnel, diYide the number of hours of Total Sick Leaye to be applied as an age credit by 1i3.6 hours (the co1wersion factor assumes 21.i eight-hour days per month, regardless of actual circumstances), with each 1i3.6 hour increment constituting one month of age credit; and
(ii) with respect to Participants who are Twenty-Four Hour Personnel, diYide the number of hours of Total Sick Lea\"e to be applied as an age credit by 264 hours (the c01wersion factor assumes 11 twenty-four hour days per month, regardless of actual circumstances), with each 264 hour increment constituting one month of age credit. Any reductions to such a Participant's Total Sick LeaYe that occur as a result of the Participant's age credit election shall be applied against the Participant's Total Sick Lea,e on a 'first in, first out' basis.
(iii) l'\o partial month that results from the application of any conYersion formula shall be so credited to a Participant=s actual age.
(i,) Notwithstanding any other proYision of this Section, Credited Senice shall not be increased by any Total Sick LeaYe that is applied as an age credit under this Section."
3. By deleting existing Section 1.39A and by substituting therefor the following:
"l.39A 'TwentY-Four Hour Personnel' means each Employee who is regularly scheduled to work twenty-four hour work shifts on a full-time basis of no less than 2,808 hours per calendar year. As ofJanuary 1, 1999, only firemen and emergency medical senice personnel who satis~ the criteria :;et forth in the immediately preceding sentence quali~ as Twenty-Four Hour Personnel."
4. By deleting existing Section 3.1 (a) and by substituting therefor the following:
'3.1 (a) Each Plan Sponsor shall contribute to the Fund such amounts as are determined by the Actuary to be necessary to fund the benefits

GEORGI.-\ L-\\-\'S 1999 SESSIO~

4983

proYided under the Plan; prmided, howeYer, each Plan Sponsor will appropriate to the Fund annually, to be paid in quarterly installments, a smn of not less than 11 .85 % of its total payroll cost for all Eligible Employees. The ...\ctuary will analyze the Plan and the Fund a minimum of once eYery two years and will report to the Plan Administrator its findings. In the eYent the Plan report re\"eals that the appropriations herein proYided are insufficient to maintain the Plan on a sound basis, it will be the duty of the Plan Sponsor to appropriate such additional sums as would be necessan to maintain the Fund and the Plan on a sound financial basis until the next actuarial anah.sis. Should the Actuan.subsequently find that a lesser appropriation by the Plan Sponsor would maintain the Fund on a sound financial basis, then each Plan Sponsor is authorized, upon apprmal of the Plan ...\dministrator, to decrease its contribution to the percentage of the total payroll found by the Actuary to be sufficient, when combined with the Participant contributions set forth herein, to maintain the Plan and Fund on such financial basis."
Section IL In the eYent any section, paragraph, subpart, sentence, clause, phrase, or word of this Ordinance shall be declared or adjudged unconstitutional or imalid by any Court, such declaration or adjudication shall not affect the remaining portions of this Ordinance which shall remain in full force and effect as if the portions declared i1walid or unconstitutional had neYer been enacted into law.
Section III. ...\11 laws, ordinances or resolutions, or parts thereof, 111 conflict with prmisions of this Ordinance are hereby repealed.
Section I\'. This Ordinance shall become effectiYe January 1, 1999, following its approYal by the Board of Commissioners after the second reading of the Ordinance, proYided the same receiYes an affirmatiYe \"Ote of three or more members, and proYided further that a copy of the Ordinance has been published in the official organ of Clayton County and filed with the Secretary of State of Georgia as required by law.
SO ORDAI~ED, this 15th day of December, 1998.
CL-WION COC!\iTYBOARD OF COMYIISSIO!\:ERS C. CR..\.'-iDLE BR.-\.Y, CHAIR.\tL\:'
TERRYJ. STARR, VICE CHAIR'.\1..-\.'.-i
GER.\LD A ~L-\TTHEWS, COMYIISSIONER RICHARD RE..\.GA"l, COMMISSIONER \1RGI~IA BCRTON GRAY, CO!'vl~IISSIONER
ATTEST: Yl.-\RGARETTE A SWAIM, CLERK

4984 LOCAL .-\.,D SPECIAL ACTS .-\.,D RESOLL'TIO:'\S. \'OL. II
The first reading of the aboYe and foregoing Ordinance was held at the regular business meeting of the Board of County Commissioners of Clayton County on December 1, 1998 with the following members present and voting in fayor of same: Chairman C. Crandle Bray. \'ice Chairman
Terry J. Starr, Commissioner Gerald A. \latthews, Commissioner Richard
Reagan, and Commissioner \'irginia Burton Gray.
'.\-1.-\RGARETTE A. SW.-\1\l, CLERK CL\.\TO:'\ COL':'\TY BO.-\RD OF CO\l\HSSIO:'\ERS
The second reading of the aboYe and foregoing Ordinance was held at the regular business meeting of the Board of County Commissioners of Clayton County on December 15, 1998 with the following members present and ,oting in fayor of same: Chairman C. Crandle Bray, \'ice Chairman
Terry J. Starr, Commissioner Gerald A. \latthews, Commissioner Richard
Reagan, and Commissioner \'irginia Burton Gray.
\l.-\RGARETTE A. S\\'.-\1\1, CLERK CL\.\TO:'\ COL':'\TY BOARD OF CO\1\HSSIO:'\ERS
HaYing been read during the regular business meetings of the Board of Commissioners of Clayton County on December 1, 1998 and December 15, 1998, Ordinance 98-143 was adopted at the regular business meeting of December 15, 1998. The following members were present on December 15, 1998 and rnted in farnr of Ordinance 98- 143: Chairman C. Crandle
Bray, \'ice Chairman Terry J. Starr, Commissioner Gerald A. Matthews,
Commissioner Richard Reagan, and Commissioner \'irginia Burton Gray.
\1.-\RGARETTE A. SW.-\1\1, CLERK CL\.\TO:'\ COL':\'TI' BO.-\RD OF CO\'1\lISSIO:'\ERS
ATTEST: M..-\RG.-\RETTE A. SW.-\I'.\-1 CLERK OF THE CO\-IMISSIO:'\
(SEAL)
CERTIFICATIO:'\
I, M..-\RG.-\RETTE A. SW.-\1:Vl, CLERK TO THE CL\.\TO:'\ COC'.'\TI' BO.-\RD OF CO\1\lISSIO!'\ERS, DO HEREBY CERTIFY THAT THE ATTACHED IS A TRL'E .-\.,D EXACT COPY OF ORDl:'\.-\.,CE 98-143 AS ADOPTED BY THE CL\.\TO'.'\ COC!'\TI' BO.-\RD OF CO\1\USSIO:\'ERS O'.'\ DECE'.\1BER 15, 1998. THE ORIGl'.'\.-\.L OF ORDI!'\.-\.""CE 98-143 \lAY BE FOC'.'\D O'.'\ FILE I:'\ THE CO\,lMISSIO'.'\ERS' OFFICE.

GEORGL-\ L-\WS 1999 SESSIO:'I:

4985

\-L-\RG.-\RETTE .--\. SW.--\I\-1 CLERK OF THE COM\-IISSIOi\' DECE\-IBER 29, 1998
State of Georgia County. of Cla.non
Personally appeared before the undersigned, Patricia A. Wright, who after being first duly sworn states that she is the legal clerk for the ~ews Daily, official legal organ of CL\YTO:'I: COC~TY, GEORGI.--\, and that upon her own personal knowledge she knows that the adYertisement, a true copy of which is hereto annexed, was published in said newspaper of general circulation on the following dates:
Date
'.':o,. 2i, Dec. 4, Dec. 11, 1998
Patricia .--\. Wright .--\ffiant
Sworn to and subscribed before me this 1ith day of December, 1998
Signed TinaConnell, '.':otary Public \,[y commission expires .\ugust 10, 2001
.--\d #18463
Clanon Co. Board of Commissioners .--\ttn: \-largarette Swaim 112 Smith Street Jonesboro, GA 30236
MISCELLANEOUS
::-,.;oTICE OF I'.':TE::-,.;T1ON TO co::-,.;smER A.~. ORDI'.':.\..'\/CE A.\.1E::-,.;m::-,.;c THE CL\YTON coc:-.:TY PCBLIC EYIPLOY\,IE~T RETIRE\,JE::-,.;T SYSTEM
~otice is hereby gi\en that the Clayton County Board of Commissioners will consider an Ordinance proposed under the Home Rule Powers granted to Clayton County, Georgia pursuant to the Constitution of the State of Georgia of 1983. The Ordinance relates to the Clayton County Public Employment Retirement System (Pension Plan), and specifically amends section 1.12 pertaining to credited senice; section 1.29 pertaining to normal retirement age; section 1.39A pertaining to twenty-four hour personnel; and section 3.1 (a) pertaining to Plan Sponsor contributions. The Ordinance further prmides for seYerability; the repeal of conflicting laws, ordinances and resolutions; an effectiYe date; and other purposes.

4986 LOCAL .-\:\'D SPECI.-\L .-\CTS .-\.'\D RESOLLTIO:\'S, \'OL. II

The Ordinance will be considered in a first reading by the Board of

Commissioners during its regularly scheduled meeting commencing at

i:00 p.m. on December I. 1998, and subsequently considered for adoption

following a second reading during its regularly scheduled meeting com-

mencing at 2:00 p.m. on December 15, 1998, in the Commissioners' Board

Room located at 112 Smith Street, Jonesboro, Georgia. .-\ copy of the

proposed Ordinance is on file in the Office of the Clerk of the Superior

Court of Clayton County for the purpose of examination and inspection by

the public. The Clerk of the Superior Court will furnish anyone, upon

written request, a copy of the proposed Ordinance. The Ordinance may

also be reYiewed and copied at the Clayton County Commissioners Office

located at 112 Smith Street.Jonesboro, Georgia. Questions may be directed

to Donald ~- Comer, Clanon CountY Staff .-\ttorneY, at the Clanon CountY

Commissioners Office 01: by telephone at 4ii-3207.





:\'oYember 2i/December 4, 11, 1998-18463

Filed in the Office of the Secretary of State January 4, 1999.

DEKALB COL':\'TI' - BO.-\RD OF ZO:\'l:\'G .-\PPE.-\LS; HE.-\Rl:\'GS; .-\PPE.-\LS; TREE PROTECTIO:\' ORDl:\'.-\.'\CE.
AN ORDINANCE
BY THE BOARD OF CO\L\HSSIO!'\ERS OF DEK.-\LB COL':\'TI', GEORGI.-\ l':\'DER THE HO'.\tlE Rl'LE PRO\1SIO:\'S FOR COL':\'TIES l':\'DER THE CO:\'STITL'TIO'.\: OF THE ST.-\TE OF GEORGI.-\, TO .-\.\IE:\'D .-\.'\ .-\CT PRO\1Dl:\'G FOR.-\ DEK.-\LB COL'!'\TI' BO.-\RD OF ZO:\'I:\'G .-\PPE.-\LS, PRESCRIBI:\'G ITS Dl'TIES .-\.'\D POWERS .-\.'\D OTHER '.\tL-\TTERS K.~Ov\":\' .-\S G.-\. L-\WS 1956, P. 3332, SECTIO:\' 11, .-\S .-\\IE:\'DED, SO .-\S TO Fl'RTHER .-\\IE:\'D S.-\ID .-\CT TO PRO\1DE FOR THE HEARl!'\G .-\.1';D DECIDI:\'G OF .-\PPE.-\LS FRO\-1 .-\D\11:\'I~ TR-\Tl\'E DECISIO'.\:S .-\.'\D SPECI.-\L EXCEPTIO:\'S l':\'DER THE
TREE PROTECTIO'.\ ORDl:\'.-\.'\CE, CODE OF DEK.-\LB coc;1.;n.
GEORGL-\, CH.-\PTER 14, ARTICLE II, SECTIO:\' 14-39, .-\.'\D FOR OTHER Pl'RPOSES.
BE IT ORD.-\l~ED b, the Board of Commissioners of DeKalb Count\', Georgia, and it is hereb~- ordained by the authority of same. pursuant to tl1e home rule proYisions for counties of the Constitution of the State of Georgia, that the .-\ct, as amended, proYiding for a DeKalb County board of zoning appeals. prescribing it duties and powers and other matters, known as Ga. Laws 1956, p. 3332, Section 11, as amended, be and the same is hereby further amended as follows:
I.
By amending Section 11 (g) (codified as Section 1130 (g). Appendix B of the Code of DeKalb County, Georgia) of the .-\ct and adding the following ,ts Section 11 (g) (4):

GEORGI.-\ L\\\s 1999 SESSIO~

498i

(-1) To hear and decide appeals where it is alleged by an aggrieYed party that there is error in any final order, requirement or decision made b, the Director based on or made in the enforcement of the Tree P;otection Ordinance. Code of DeKalb County Georgia. Chapter 1-l, .-\rticle II. Section 1-1-39.
II.
By amending Section 11 (g) (codified as Section 1130 (g). Appendix B of the Code of DeKalb County. Georgia) of the .-\ct and adding the following as Section I I (g)(5):
(5) To consider requests for Special Exception for the remoYal of a specimen tree located in a protected zone. pursuant to the Tree Protection Ordinance. Chapter l-l, .-\rticle II. St'ction 1-1-39 of the Code of DeKalb County. Georgia.
III.
By amending Section 11 (g) (codified as Section I 130 (g), Appendix B of the Code of DeKalb County, Georgia) of the .-\ct and adding the following as Section 11 (g)(6):
(6) To authorize permits for tree hanesting in accordance with the standards set forth in the Tree Protection Ordinance. Code of DeKalb County. Chapter l-l. Article II, Section 1-1-39.
I\'.
By amending Section 11 (g) (codified as Section 1130 (g). Appendix B of the Code of DeKalb County. Georgia) of the .-\ct and adding the following as Section 11 (g) (i):
(i) To grant ,ariances to reduce required parking spaces when necessary to presen-e a significant tree that otherwise would be lost if the parking requirements were strictly applied.
\'.
.-\II laws or parts of laws in conflict with this ordinance are herebY repealed.
\1.
Should any part. portion, or paragraph of this ordinance be declared unconstitutional or n>id by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this ordinance not so declared to be inrnlid. but the same shall remain in full force and effect as if separately adopted.
\11.
This ordinance shall be presented to the Board of Commissioners of DeKalb County. Georgia for adoption at two regular. consecuthe meetings

4988 LOCAL ,-\.."l;D SPECIAL ACTS .-\.."l;D RESOLCTIO.'.'\S, \'OL. II
of the County Commissioners, held not less than seYen (i) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall haYe 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.
\111.
This ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 26th day ofJanuary, 1999, and again on the 9th day of February, 1999, at the regular time and place of a meeting of the Board of Commissioners of DeKalb County, Georgia.
IX.
A copy of this ordinance shall be filed with the Clerk of the DeKalb County 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.
X.
The proYisions of this ordinance shall become effectiYe in1111ediateh following its adoption.
ADOPTED by the DeKalb County Board of Commissioners this 9th day of Februan, 1999.
Porter Sanford Presiding Officer Board of Commissioners DeKalb County, Georgia
APPROVED by the Chief Exernti,e Officer of DeKalb County, Georgia this I 1th day of FebruarY, 1999.
Liane LeYetan Chief Executi,e Officer DeKalb County, Georgia
ATTEST:
'.\-lichael J. Bell, Ex-Officio Clerk
Board of Commissioners and Chief ExecutiYe Officer, DeKalb County, Georgia
APPRO\'ED: Jonathan Weintraub DeKalb County Attorney

GEORGL-\ L-\\\'S 1999 SESSIO~

4989

STATE OF GEORGI.-\. COC~TY OF DEKALB
Personally appeared before the undersigned, a notary public within aforesaid county and state, Caroh-n Jernigan Glenn, publisher of Thi' Champion .\'pwspapn; 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 ofJanuary 21, 1999,January 28, 1999, and February 4, 1999.
Carolyn Jernigan Glenn Publisher, Thi' Champion .\'n,,spapn-
Sworn to and subscribed Before me this -16-th daY. of Februan, 1999.
Dorcas Y. Jernigan ~otarY Public Exp. July 31, 2001 (SE.-\.L)
PUBLIC NOTICE
The public is hereby notified that the Board of Commissioners of DeKalb County, Georgia, at its regular meetings on January 26, 1999, and February 9, 1999, will consider an ordinance to amend the act creating the county zoning board of appeals, known as Ga. Laws 1956, p.3332, Section 11, as amended so as to further amend said act to proYide for the zoning board of appeals to hear and decide appeals from administratiYe decisions, to consider requests for special exceptions, and to authorize tree hanesting pursuant to the tree protection ordinance, Chapter 14, Article II, Section 1-1-39 of the Code of DeKalb County, Georgia, and for other purposes.
The public is hereby further notified that in order to so amend said act, it is necessary for the Board of Commissioners to adopt an ordinance at two regular consecuti\e meetings held not less than seyen (i) 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 haYing been granted under the home rule proYisions for counties of the Constinuion of the State of Georgia.
The public is hereby further notified that copies of said proposed ordinance haYe been filed with the Clerk of DeKalb County Superior Court, DeKalb County Courthouse, Decatur, Georgia for public examination and inspection and that copies of said ordinance are aYailable from the Clerk for interested members of the public.
This 21st day ofJanuary, 1999.

4990 LOCAL .-\..'\'D SPECIAL ACTS .-\..'\'D RESOLCTIO:'.\S, \'OL. II
Board of Commissioners DeKalb County, Georgia
Publish dates: January 21, 1999 January 28, 1999 February 4, 1999
Filed in the Office of the Secretary of State February 24, 1999.

GEORGIA L\WS 1999 SESSIO:\'

4991

HOME RULE ORDINANCES
OF MUNICIPAL CORPORATIONS

GEORGI.--\ L--\WS 1999 SESSIO:'\

4993

CITY OF \1.--\CO:'\ - \1C:\"ICIPAL COCRT; PE:\".--\LTIES.
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO AMEND ARTICLE VII, SECTION 7-103(j) OF THE CHARTER OF THE CITY OF MACON SO AS TO INCREASE THE MAXIMUM FINE THAT THE MUNICIPAL COURT IS AUTHORIZED TO IMPOSE FOR HOUSING AND BUILDING CODE VIOLATIONS FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS AND TO AUTHORIZE THE MUNICIPAL COURT TO SENTENCE VIOLATORS TO COMMUNITY SERVICE AT ANY PRNATE OR PUBLIC AGENCY WILLING TO PARTICIPATE AND APPROVED BY THE MUNICIPAL COURT; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES.
BE IT ORDAINED b, the \farnr and Council of the Cit, of \1acon, Georgia, and it is hereb, .so ordai1{ed by the authority of the sa;ne pursuant to the authority granted the City of \1acon under the \1unicipal Home Rule .--\ct of 1965 (1965 Ga. Laws, p. 298, et. seq., as amended, Official Code of Georgia Annotated Sec. 36-35-1, et seq.) that .--\.rticle \ 11, Section i-103U) of the Charter of the City of \facon, relating to the powers of the \lunicipal Court, is amended, so as to increase the maximum possible fine that may be imposed for housing and building code ,iolations from fi,e hundred dollars to one thousand dollars and to authorize the Municipal Court to sentence ,iolators to commtmity sen-ice at pri,ate and public agencies willing to participate and appro,ed b, the \.lunicipal Court, by deleting paragraph U) in its entirety and inserting in lieu thereof a ne" paragraph U) to read as follo\\s:
U) The judge of the municipal court shall ha,e the power and authority to impose upon the ,iolator of any law or ordinance of the city, for each ,iolation thereof, the follm\'ing punishment: a fine not to exceed fi,e hundred dollars (S500.00), imprisonment for a period of not more than fifty (50) days. commtmity senice for a period of not more than sixty (60) days, or any one or all of these punishments "hen the facts of the case justify such punishment; hm\'e,er, not\\'ithstanding the foregoing limit on fines, in the case of housing and building code ,iolations, the judge may impose a fine not to exceed one thousand dollars (S 1,000.00) for each \'iolation thereof. Community senice shall be performed \\'ith a1n- pri,ate, non-profit communin sen-ice organization or any public agency \\'illing to participate and appro,ed by the municipal court. \ 'iolators shall not be used for any purpose resulting in pri,ate gain to any person, except in accordance with state la\\. The role of the city in the super,ision of ,iolators performing community ser\'ice shall be a gmernmental function. Each contempt of municipal court shall be punishable either b, imposition of a fine not exceeding one hundred dollars (S100.00) or by imprisonment for a period of time not exceeding thirty (30) da,s.
.--\11 charter pro,isions or ordinances or parts thereof, including Section 1-6 of Chapter 1 of the Code of Ordinances of the City of \1acon, 111 conflict with this pro,ision are hereb, repealed.

4994 LOCAL .-\.'1./D SPECIAL ACTS .-\.'\'D RESOLL'TIO:'\S, \'OL. II
SO ORDAINED this 3rd day of \-larch, 1998.
\-\'. C. Hill President, City Council
SO ADOPTED this 3rd day of \-larch , l 998.
Jim \-larshall \-Jayor
SO ORDAINED this lith day of \-larch , 1998.
W.C. Hill President, City Council
SO ADOPTED this 18th day of \farch , 1998.
Jim \-larshall \ hwor
City of \facon, Ga.
I do hereby certify that the aboYe and foregoing Ordinance was duly passed at the Regular \ leeting of the Council of the City of \lacon, held 3-3-98.
Witness m,. hand and seal of the Cit\.' of \-lacon this 3-1-98.
Joyce R. Gray Clerk of Council
SCB\1ITTED TO '.\-1..\.YOR'S OFFICE \-larch 4, 1998
RETCR.'\'ED FRO\I \HYOR'S OFFICE \-larch 5, 1998
10:28 A'.\-1. JRG
City of \-Iacon, Ga.
I do hereby certif\ that the abo\'e and foregoing Ordinance was duly passed at the Regular \-Ieeting of the Council of the City of \facon. held 3-1 i-98. \\'itness m,. hand and seal of the Cit\. of \-lacon this 3-18-98.
Joyce R. Gray Clerk of Council
SCB\1ITTED TO \-UYOR'S OFFICE \-larch 18, 1998
RETCR.'\'ED FRO\I \-UYOR'S OFFICE \-larch 19, 1998
9:20 A.\-1. JRG
STATE OF GEORGL.\ COC:'\TY OF BIBB

GEORGI.-\ L\WS 1999 SESSIO:-.:

--1-995

PERSO:-.:.-\LLY .-\PPE.-\RED BEFORE '.\IE, :-.:OT.-\RY PL'BLIC \\lTHI:-.: ..\.,D FOR ,-\BO\'E ST.-\TE ..\.'\;D coc:-.:TY, DEBORAH THO'.\L\S, WHO DEPOSES ..\.'\D S.-\\'S SHE IS THE LEG.-\L/ '.\;.-\TIO'.\;.-\L CLERK FOR THE \'L-\COI\ TELEGRAPH ..\.'\D IS DL'LY .-\L'THORIZED BY THE PL'BLISHER THEREOF TO '.\L-\KE THIS .-\FFID.-\\1T, ..\:-.:D THAT .-\D\'ERTISE'.\,fE:-.:T .-\S PER ATTACHED CLIPPI:-.:G H.-\S BEE:-.: PL'BLISHED 1:-,; THE yL\COI\ TELEGRAPH Or\ THE FOLLO\\'1:-.:G DATES:
February 7, 1--1-, 21, 1998
SIG:-.:ED Deborah Thomas
THIS 24th DAY OF '.\larch, 1998 \'Ian R. Woodford :-.:oT.-\RY PL'BLIC, BIBB coc:-.:TY, GEORGI..\ \-ly Commission Expiresjune 2, 2001
PUBLIC NOTICE
The City of '.\facon proposes to amend ~ 7-103U) of its Charter, in accordance with the '.\fonicipal Home Rule .-\ct, O.C.G..-\. ~ 36-35-1, et seq., to authorize the \-hmicipal Court to sentence Yiolators to community sen'ice at any interested nonprofit, commtmity senice organization or public agency approYed by the '.\fonicipal Court and to increase the maximum fine for housing and building code ,iolations from SS00.00 to Sl,000.00. The proposed amendment is a,ailable for public inspection in the \-lacon City Clerk's Office and the Bibb County Clerk of Superior Court Office.
'.\fartha Clifton Assistant Cit\.' .-\ttorne., CitY of '.\lacon
Filed in the Office of the Secretary of State April 2, 1998.

CITY OF SKY\'.-\LLEY - COL':-.:CIL; RESIDE:-.:CY; CO'.\IPE:-.:SA.TIO:-.:; \'OTI:-.:G; ..\GE:-.:CIES .-\XD DEP.-\RT\'IE:-.:TS; OATHS; '.\,IEETI!\'GS.
ORDI:-.:A,CE 98 - I
THE CITY OF SKY \'.-\LLEY, GEORGI.-\
A, ORDI:-.:..\.,CE PL'RSL'A'\'T TO 'THE \-IL':-.:ICIP.-\L HOl\IE Rl'LE .-\CT OF 1965" O.C.G...\. Sec. 36-35-1 et. seq. TO ..\.\IE:-.:D .-\RTICLE II, CHAPTER 1, Sections 2.11, 2.13, 2.1--1-(b), 2.lfi(c) ..\.'\'D .-\RTICLE II, CHAPTER 2, Section 2.20(a) and (c) SO .-\S TO PRO\1DE (in sec. 2.11) TH..\T COL':-.:CILORS SH.-\LL RESIDE FOR :-.:oT LESS TH..\.'\; SIX (6) \-1O:-.:THS CO!\'TI:-.:L'OL'SLY 1:-,; THE CITY PRIOR TO THE D.-\TE OF ELECTIO:-.: TO OFFICE ..\.'\D SO .-\S TO PRO\1DE (in sec. 2.13) THAT COL':-.:CILORS '.\L-\Y FIX BY ORDIX-\:-.:CE CO'.\IPE:-.:S.-\TIO;\' FOR SL'B-

4996 LOC.\L .-\...'\'D SPECL.\L ACTS .-\...~D RESOLCTIO~S. \'OL. II
SEQCE~T HOLDERS OF OFFICE .-\:'\D SO .-\S TO PRO\1DE (in sec. 2.1-l(b) THAT COC~CILORS SH..\LL '.\;OT \'OTE CPO:'\ .-\...'\Y QCESTIO~ I~ \\"HICH THEY .-\RE l:'\TERESTED Fl:'\.-\...'>.;CL.\LLY ..\."-1D SO .-\S TO PRO\1DE (in sec. 2.16(c) THAT THE COC:'\CIL yL-\Y BY ORDI~.-\~CE CREATE, CHX\'GE...\LTER, ABOLISH OR CO~SOLIDATE OFFICES. .-\GE~CIES ..\.'\'D DEP.-\RTYIE:'\TS OF THE CITI' ..\.'\'D SO AS TO PRO\1DE (in .-\rt. II, Chap. 2, sec. 2.20(a) and (c) THAT AT THE FIRST REGCL-\R ~IEETI~G OF THE YUYOR ..\.'>.;D COC~CIL ..\FTER j.-\...'\'l'.-\RY 1, THE OATH OF OFFICE SH..\LL BE ADMl:\'ISTERED A..'1;D THAT ..\FTERJX\'C.-\RY 1 .-\~D BEFORE THE FIRST REGCL-\R MEETI~G I~ j..\.'\'C.-\RY THE CITY COC::'\/CIL SH..\LL MEET l:\'FORYL.\LLY FOR ORG..\.'\'IZATIO~.
The Council of the Cit., of Sh. \'alleY, hereby, ordains:
Section 1.
The Charter of the City of Sky \'alley. Georgia, Adopted \1arch 1i, l 9i8, by House Bill :\o. 2008, as amended, is hereby amended as follows:
1. BY striking from Article II, Chap. 1, sec. 2.11 the word "immediately" and substituting for that \\ord the ,rnrds "not less than six (6) months continuoush-" so that said sentence shall read:
. . ."~o person shall be eligible to sene as councilor unless said person shall haYe been a resident of the city not less than six (6) months continuously prior to the date of the election to said office;..."
2. By striking from Article II, Chap. 1, sec. 2.13, the words "their compensation .. and substituting for those ,rnrds the words "compensation for subsequent holders of those offices" so that said section shall read:
"The councilors shall be entitled to receiYe their actual and necessary expenses incurred in the performance of their duties of office and may fix by ordinance compensation for subsequent holders of those offices as authorized bY general law."
3. B, adding to Article II, Chap. 1, sec. 2.14(b) at the end thereof the word " financialh so that said section shall read:
":\o member of the council shall ,ote upon any question in which said person is personalh interested financially."
-1. By striking from .-\.rticle II. Chap. 1, sec. 2.16(c) the word "officers" and substituting therefor the \\ord "offices" so that said section shall read as follo\\s:
"The council may by ordinance create. change, alter, abolish or consolidate offices, agencies and departments of the city. . ."
5. B, striking from Article II, Chap. 2. sec. 2.20(a) the first two sentences beginning \\ith the words "The city council" and ending with the words "a

GEORGI.-\ L-\WS 1999 SESSIO:\'

4997

new term of office as follows:" and substituting therefor the following words:

".-\t the first regular meeting of the '.\Iayor and City Council after January l, the oath of office shall be administered by the city clerk to those elected officials beginning a new term of office as follows:"

6. By adding to .-\rticle II, Chap. 2, sec. 2.20 a new paragraph to read as follows:

"(c) .-\fterJanuary 1 and before its first regular meeting the city council shall meet informally for organization."

Section 2.

This ordinance shall be effectiYe on the date all requirements of law haYe been met as fully set forth in The '.\fonicipal Home Rule .-\ct of 1965 and in particular O.C.G..-\. sections 36-35-3 and 36C35C5.

Section 3.

.-\11 ordinances or parts of ordinances in conflict herewith are hereby repealed.

This the lg day of June, 1998.
James C. Johnston '.\fayor sher P. Lown Councilor ,-\lien '.\1cLeroY Councilor

Douglas L Hutchin President of Council John Dillard Councilor Richard P. BmIe Councilor

Prepared and approYed by:

.-\. M. Wilkinson

CitY attorney

,

,

CERTIFICATE OF CITY CLERK

hereby certify that the foregoing is a true and correct copy of the

original ordinance which was adopted at two regular consecuti,e meetings

of the Council of the Cit\ of Sh \'alle,which were held on '.\fay-!, 1998 and

June 1, 1998.



Jessie S. Henson Clerk (.-\ffix City Seal)

.-\FFID.-\\1T OF PCBLIC.-\TIO~

ST.-\TE OF GEORGI.-\ R.-\BC~ COC:\'TY

Personally appeared before the undersigned officer duly authorized under the laws of Georgia to administer oaths, Russell '.\fajors who on oath

4998 LOCAL ,-\.'\'D SPECIAL ACTS .-\."iD RESOLCTIO!'\S, \'OL. II

deposes and says that he is the publisher of "THE CL-\YIO::\" TRIBC!\E", a newspaper published in Clayton, Georgia of general circulation, and that the attached adYertisement for Cit\" of Sh \ 'alleY has been published in 'THE CL-\\TO::\" TRIBC:\'E" once a week for three weeks in the regular issues of 5/ 14/ 98, 5/ 21 / 98, 5/ 28/ 98,

Russell Majors

Sworn to an subscribed before me this 4th day o f - - - - - - - , 1998
AM. Wilkinson,Jr. ().;otary Public) R-IBC::\" COC::\"TI', GEORGIA My Commission Expiresjan. 12, 1999

:'.\iOTICE OF PROPOSED A:vlE::\"D'.'vlE::\"T TO THE CHARTER OF
THE CITY OF SKY \'ALLEY

:'.\iOTICE IS HEREBY GI\'E::\" that a regular meeting of the Mayor and

Council

of

the

CitY.

of

Sh ,

\'alle\",

held

on

the

4th

daY.

of

\,fay,

1998

an

ordinance \\as adopted by said Mayor and Council whereby the Charter of

City of Sky \'alleY would be amended pursuant to and in accordance " ith

the proYisions of O.C.G.A. secs. 36-35-3 and 36-35-3, said ordinance being

designated as Ordinance 98-1. ::\"otice is hereby giYen that said proposed

amendment by said ordinance \\"ill be considered for final adoption and

\"Oted on again in accordance \\ith law at the next regular meeting of the

'.'vla.rnr and Council of the CitY. of Sh. \ 'alleY to be held on the 1st daY. of June, 1998, at the City Hall, Sky \'alley, Georgia, or such other place as may

be designated within said city, at 1:00 o clock p.m .

A copy of the proposed amendment is on file in the office of the City Clerk of the City of Sky \ 'alley, City Hall, Georgia Higln\"ay 246, Sky \'alley, Georgia, and a cop\" is also on file in the office of the Clerk of the Superior Court of Rabun County, Court House, Clayton, Georgia, for the propose of examination and inspection by the public. The said Clerk of said City of Sh \'alley will furnish anyone who makes a written request therefor \\ith a copy of said proposed amendment. Such requests may be deliYered in person at the City Hall or made in \\Titing addressed to the City Clerk, City of Sky \'alley, City Hall, HCR 10, Box 2:'i, Sh \'alley, GA 30537.

As sn10psis of the proposed amendment to the said City Charter is as follows:

An ordinance to amend A.rt. IL Chap. 1, secs. 2.11, 2.13, 2.14(b). 2.16(c) and .\rt. II, Chap. 2, sec. 2.20(a) and (c) so as to proYide that councilors shall reside for not less than six (6) months continuously in the city prior to the date of election to office and so as to proYide that councilors may fix by ordinance compensation for subsequent holders of office and so as to

GEORGI.-\ L\WS 1999 SESSIO;\;

4999

proYide that councilors may not Yote on any question in which they are interested financially and so as to proYide that the council may by ordinance create, change, alter, abolish or consolidate offices, agencies, and departments of the city, and so as to proYide that at the first regular meeting of the Mayor and Council after January 1, the oath of office shall be administered and that after January 1, the oath of office shall be administered and that after January 1 and before the first regular meeting in January the city council shall meet informally for organization.
This the 5th day of May, 1998.
James C. Johnston, Y1ayor Douglas L. Hutchins, Council Pres. Attested by: Jessie S. Henson City Clerk (Seal) .-\. Mims Wilkinson, Jr., City Attorney 5/ 14-5/ 28c
Filed in the Office of the Secretary of State June 9, 1998.

CITY OF NL\CO;\; - MC;\;ICIP.-\L COCRT; RE~1ISSIO;\; OF SE:-.:TE:\'CES; PRO\1SlO;1,;S REPEALED.
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA, TO REPEAL SECTION 7-106 OF ARTICLE VII OF THE CHARTER OF THE CITY OF MACON, PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE MUNICIPAL HOME RULE ACT OF 1965 (1965 GA. LAWS, P. 298, ET SEQ., AS AMENDED, OFFICIAL CODE OF GEORGIA ANNOTATED SECTION 36-35-1, ET SEQ.) RELATING TO REMISSION OF SENTENCES; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES.
BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia, and it is hereby so ordained by the authority of the same pursuant to the authority granted the City of Macon under the Municipal Home Rule .-\ct of 1965 (1965 Ga. Laws. p. 298, et seq., as amended, Official Code of Georgia Annotated Sec. 36-35-1, et seq.) that Section i-106 of...\rticle \11 of the Charter of the City of Macon, relating to the remission of sentences, is hereby repealed in its entirety.
SO ORDAINED this 2nd day of June, 1998.
W.C. Hill President, City Council
SO ADOPTED this 3rd day of June, 1998.
Jim Ylarshall ~faYor

5000 LOCAL .-\.."'\D SPECIAL .-\CTS .-\.."'\D RESOLCTIO:'\S, \'OL. II
SO ORDAINED this 16th day of June. 1998.
W. C. Hill President. City Council
SO ADOPTED this 19th day of June, 1998.
Jim '.\larshall \la,or
City of \.Iacon, Ga.
I do hereby certify that the aboye and foregoing Ordinance was duh passed at the Regular \.Ieeting of the Council of the City of '.\Iacon held 6-2-98 . \\'itness my hand and seal of the City of \facon this 6-3-98 .
Joyce R. Gray Clerk of Council
SCB\flTTED TO '.\LWOR'S OFFICE June 3. 1998
RETCR."'\ED FRO\I \L-\YOR'S OFFICE June 3, 1998
JRG
City of \facon, Ga.
I do hereby certify that the abme and foregoing Ordinance was duly passed at the Regular \Ieeting of the Council of the City of \facon, held 6-16-98 . Witness my. hand and seal of the CitY. of \facon this 6-17-98 .
Joyce R. Gray Clerk of Council
SCB'.\IITTED TO \LWOR'S OFFICE June 17, 1998
RETCR.,ED FRO\I \L-\YOR'S OFFICE June 18, 1998
3:58 P.\I. JRG
STATE OF GEORGL-\ COC:'\TY OF BIBB
PERSO:'\ALLY APPEARED BEFORE \IE,.-\ :'\OTAR\' PCBLIC \i\lTHI:'\ A:'\D FOR ABO\'E STATE .-\.."'\D COC:'\T\', DEBOR.ill THO\US, WHO DEPOSES .-\.."'\D SAYS SHE IS THE LEG.-\L/ :'\ATIO:'\AL CLERK FOR THE \UCO:'\ TELEGR.\.PH .-\.."'\D IS DCL\' ACTHORIZED BY THE PCBUSHER THEREOF TO \1.-\KE THIS .-\FFIDA\lT, .-\.."'\D THAT ..\D\'ERTISE\IE:'\T .-\S PER ATTACHED CLIPPI:'\G HAS BEE:'\ PCBLISHED I:'\ THE \UCO:'\ TELEGR-\PH O:'\ THE FOLLO\\'I:'\G DATES: 5/ 9/ 98, 5/ 16/ 98, 5/ 23/ 98

GEORGL\ L-\WS 1999 SESSIO::\'

5001

SIG:\'ED Deborah Thomas

THIS

D.-\YOF

Man R. \foodford

::\'OT.-\RY PCBLIC, BIBB COC:\'TY, GEORGI.-\

'.\ly Commission Expires June 2, 2001

PUBLIC NOTICE

In accordance with the .\lunicipal Home Rule .-\ct, O .C.G..--\.. Sec. 36-35-1, et seq ., the City of .\facon proposes to repeal Sec. 7-106 of its Charter, relating to the power of the .\1ayor and Council to reYie\\ sentences imposed by the .\1unicipal Court. The proposed charter amendment is aYailable for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk.

.\fartha Clifton Assistant CitY. Attorney. CitY of .\facon

Filed in the Office of the Secretary of State June 26, 1998.

CITY OF EAST POI::\'T - ~IEDI...\.TIO::\' FOR E.\1PLOYEES A."\'D OFFICIALS; LEGAL DISPCTES.
Ord. 1160-98
STATE OF GEORGI...\. CITY OF EAST POl::\'T
ORDINANCE
.\.'.\' ORDI::\'.-\.'\'CE TO .-\.\IE::\'D X'\' ORDI:\'.-\.'\'CE ADOPTED PCRSCA.'\'T TO THE :VIC::\'ICIP..\L HO.\-1E RCLE ...\.CT OF 1965 (GEORGI...\. L\\i\'S 1965, P.298, ET SEQ.) ,-\.\IE::\'DI::\'G THE :VIC::\'ICIP..\L CHARTER OF THE CITY OF EAST POI::\'T, GEORGI...\., ..\PPRO\'ED .-\CGCST 19, 1912 (GEORGI.-\ L-\WS 1912, P862, ET SEQ.) .-\.'\'D SE\'ER.\L ...\..\IE::\'D.--\.TORY ACTS THEREOF, so .\S TO .\DD n,o ::\'EW SCBSECTIO:\'S TO THE E::\'C.\IER\TED PO\i\'ERS OF THE CITY I:\ ORDER TO E.\1PO\i\'ER THE CITYTO CREATE...\. .\-IEDI.--\.TIO'.\' SYSTE:Vl FOR CITYEMPLO\'EES .-\.'\'D OFFICL.\LS ...\.PPE..\Ll'.\'G PROPOSED DISCIPLl:\'.-\..RY .--\.CTIO:\'S l::\'\'OL\'1:\'G DE.\IOTIO:'\'S, SCSPE::\'SIO::\'S, OR DISCH.-\RGES .-\.'\'D TO E.\1PO\i\'ER THE CITY TO ...\.GREE TO SCB.\lIT .-\.'\'Y LEG..\L DISPCTE ASSERTED OR FILED .--\.G.-\1::\'ST THE CITI' TO ::\'O:\'Bl::\'DI::-.;G .\IEDL\TIO::\'; TO REPE..\L CO::\'FLICTl::\'G ORDI::\'A.'\'CES; .-\.'\'D FOR OTHER PCRPOSES. BE IT ORD.-\1:\'ED BY THE :VUYOR .--\.::\'D coc::-.;crL OF THE CITI' OF E...\.ST POl::\'T, GEORGL\, A.'\'D IT IS HEREBY ORD...\.l::\'ED BY THE ...\.LTHORITY THEREOF:
Section 1. .--\.n act establishing a new charter for the City of East Point in Fulton County, approYed August 19, 1912 (Ga. L. 1912, p. 862, et seq.) as

5002 LOCAL A'.'\D SPECIAL .-\CTS .-\.'\D RESOLCTIO'.'\S, \'OL. II
amended. is hereby amended bY adding to Dhision 1. Article 1, Section 1-10-l thereof the following subsections as new subsections 1-104(-16) and 1-1-0-1(-17) which shall read as follows:
(-16) .. Pro\"ide by ordinance for the creation of a mediation system whereby all City employees and officials appealing a proposed disciplinary action inn>hing a demotion, suspension or discharge are permitted or required, as a step in exhaustion of administratiYe remedies. to submit the dispute to an independent n1t'diator for mediation as that term is defined in the Code of Ordinances of the CitY of East Point. Such mediation shall be nonbinding and shall be at no cost to the aggrieYed party:
(-17) Agree to submit any legal dispute asserted or filed against the CitY or its emplmees or officials to nonbinding mediation."
Section 2. The intent of this Ordinance is to re-adopt that Ordinance dated the 20th day ofJune, 199-l regarding the same matter, by correction. The :\lmur and Council of the Cit, of East Point hereb, ratifies all actions based 0;1 and done in reliance to said prior ordinance.
Section 3. The effecti,e date of this Ordinance shall be :\fay I9, 1998.
Section -l. All laws and ordinances and parts of laws and ordinances in conflict herewith are hereby repealed.
Ordained this 18th daY of :\fa,, 1998.
First Reading 5/ -1/ 98
Second Reading 5/ 18/ 98
CITI' OF EAST POI'.'\T, GEORGI.\ By: Patsy Jo Hilliard
:\laYor
ATTEST: ShirleY Forn CitY Clerk
\.lay 28, 1998
TO WHOM IT MAY CONCERN:
I, Shirley :\1. Forn, CitY Clerk of the CitY of East Point, Georgia do hereby certit\ that I am the k~eper of the sea( minutes and records of said city; that the attached is a true, correct and exact copy of the original thereof, as the same appears on record in the office of the City Clerk of the City of East Point, Georgia.
Home Rule Ordinance 1160.98 (:\lediation)
IN WITNESS WHEREOF I haYe hereunto affixed my official signature and the corporate seal of said city this 20th day of \.Im 1998.

GEORGL-\ L-\WS 1999 SESSIO:\'

5003

Shirley \I. Forry. City Clerk
CITY CLERK'S AFFlDAVIT
STATE OF GEORGIA COUNTY OF FULTON
Personally appeared before the undersigned notary public. SHIRLEY M. FORRY, Clerk of the City of East Point. and after being duly s,rnrn 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 \lunicipal Home Rule .-\ct of 1965. hereby certify that with respect to that \fonicipal Home Rule Ordinance adopted \Jay 18. 1998. I haYe in 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 pro,icling for publication of the legal notice, a copy of which is attached hereto, and is further eYidenced by an afficlaYit of the publishers.
Furthermore, in execution of this .-\ffidaYit. I am transmitting herewith a certified copy of the ordinance as adopted by the \fayor and Council of the City of East Point to the Secretary of State of Georgia for enrollment in Gemgia Laws as prmided in the \hmicipal Home Rule .-\ct of 1965 as amended.
This 27th day of \Jay, 1998.
Shirle,. \-1. FotTY. Clerk, City of East Point
Sworn to and subscribed before me this 27 day of Ma,, 1998.
Walter Thomas Little :\'otary Public, Fulton County, Georgia \ly Commission Expires .-\ug. 4. 1998
.-\FFID.-\\1T OF PCBLIC.-\TIO:\'
I, Lisa R. Smith do solemnly swear that I am .-\dYertising \1anager of The \-larietta Daily journal and ~eighbor :\'ewspapers, printed and published at Marietta in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the adYertisement of Charter Change was inserted in the regular edition on .-\pril 30, 1998, MaY 7th & 14, 1998.
This I 7th da, of June, 1998

5004 LOCAL .-\.'\D SPECIAL .-\CTS .-\.'\/D RESOLCTIONS, \'OL. II

Walter Thomas Little, Jr. '.\iotary Public, Fulton CountY, Georgia My Commission Expires .-\ug. 4, 1998

'.\iOTICE OF PCBLIC HE.-\Rl:'\G

.-\.'\i ORDIX-\.'\/CE TO A:VlE'.\iD .-\'.\i ORD:--.;,-\.'\CE ADOPTED PCRSL\.'.\/T TO THE :VIC:\'ICIPAL HO~-IE RCLE ACT OF 1965 (GEORGI.-\ L\WS 1965, p. 298; ET SEQ.) ,-\.\,lE:'\DI'.\i'G THE MC::--.;ICIP.-\L CHARTER OF THE CITY OF E.-\ST POI::--.;T, GEORGI.-\, APPRO\'ED .-\CGCST 19, 1912, p. 862, ET SEQ.) ,-\.'\/D SE\'ER.\L .-\:VIE:\'DATORY.-\CTS THEREOF, SO .-\S TO .-\DD TI\'O :\'EW SCBSECTIONS TO THE E'.\i'C:VIER.\TED PO\'\'ERS OF THE CITY I'.\i' ORDER TO E:VIPO\'\'ER THE CITY TO CREATE A MEDL.\TION SYSTEM FOR CITI' E:VIPLO\EES .-\.'\JD OFFICL.\LS APPE...\LING DEMOTIO'.\iS, SCSPE'.\iSIONS, DISCHARGES OR OTHER DISCIPLINARY ACTIONS OR OTHER\.\1SE FILI'.\i'G GRIE\'.-\.'\/CES AGAI:'.\'ST THE CITY .-\.'\/D TO E:VIPO\.\'ER THE CITY TO .-\GREE TO SCBMIT .-\.'\/Y LEGAL DISPCTE ASSERTED OR FILED AGAl:\'ST THE CITY TO '.\i'O!\:BIDI'.\i'G :VIEDL.\TION; TO REPE...\L CO!\'FLICTI::--.;G ORDI::--.;,-\.'\/CES; .-\.'\JD for other purposes:

The East Point :Vlayor and Council will hold a Public Hearing and a First Reading for the aboYe amendment to the East Point Charter on Monday, :Vlay 18, 1998, at the East Point Council :Vleeting to be held at i:30 p.m. in the Council Chambers located in the East Point Municipal Auditorium. The Final Reading " ill be held :Vlonday,June 1, 1998 at the same time and location.

A copy of said ordinance is on file in the East Point City Clerk's Office, 2iii East Point St., East Point, Georgia, and in the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, 144 Pryor Street, SW, Atlanta, Georgia for examination and inspection by the public. The City Clerk of said City and/ or the Clerk of Superior Court of Fulton County will furnish anyone, upon written request, with a copy of the proposed ordinance.

Shirley.

'.vi.

Forn,

CitY Clerk

PCBLISHER'S .-\FFIDA\1T

STATE OF GEORGL.\ COCNTY OF FCLTON

Before me, the undersigned, a 1\'otary Public, this day personally came Cheryl Echols, who, being duly sworn, according to law, says she is an agent of the American Lawyer Media, LP. publishers of the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as proYided by law on the following dates:

GEORGIA L-\WS 1999 SESSIO:'\

5005

04/ 30/ 98, 05/ 07/ 98, 05/ 14/ 98
Chen) Echols .-\gent of the Daily Report
Subscribed and sworn to before me this 05/ 1-1/ 98.
Eileen T. .\1urdock ::\'otary Public, Fulton County Expires June 17, 2001
NOTICE OF PUBLIC HEARING
.-\..n Ordinance to .-\mend an Ordinance adopted pursuant to the .\Iunicipal House Rule .-\ct of 1965 (Georgia Laws 1965, p. 268, et seq.) amending the .\Iunicipal Charter of the City of East Point, Georgia, approYed ..\ugust 19, 1912, p. 862, et seq.) and seYeral ..\mendatory .-\.cts thereof, so as to add two new subsections to the enumerated po\\ers of the City in order to empower the City to create a .\Iediation System for City employees and officials appealing demotions, suspensions, discharges or other disciplinary actions or otherwise filing grieYances against the City and to empower the City to agree to submit an\" legal dispute asserted or filed against the City to :\'on-binding .\Iediation; to repeal conflicting ordinances; and for other purposes.
The East Point .\fayor and Council "ill hold a Public Hearing and a first Reading for the aboYe amendment to the East Point Charter on .\1onday, '.\fay --l, 1998, at the East Point Council .\Ieeting to be held at 7:30 p .m . in the Council Chambers located in the East Point .\Iunicipal ..\uditorium. The Final Reading will be held .\Ionday, .\lay 18, 1998 at the same time and location .
..\ copy of said ordinance is on file in the East Point City Clerk's Office, 2777 East Point St., East Point, Georgia, and in the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, 1-1--l Pryor Street, SW, ..\tlanta, Georgia for examination and inspection bY the public. The City Clerk of said City and / or the Clerk of Superior Court of Fulton County will furnish anyone, upon written request, with a copy of the proposed ordinance.
l s/ Shirley .\1. Forry CitY Clerk
#11 4/ 30-3em
Filed in the Office of the Secretary of State June 30, 1998.

CITY OF .\UCO:\' - M..\CO::\' PE'.\'SIO::\'S ..\.,D RETIRE.\IE:'\T SYSTEM; CO~IPE'.\'S.-\.TIO::\'.
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA, TO AMEND SECTION I.I OF ARTICLE I OF

5006 LOCAL .-\..."'\'D SPECIAL ACTS .-\..."'\'D RESOLCTIO.'.'-iS, \'OL. II
APPENDIX II OF THE CITY OF MACON CHARTER, PURSUANT TO THE AUTHORI1Y GRANTED THE CI1Y OF MACON UNDER THE MUNICIPAL HOME RULE ACT OF 1965 (O.C.G.A. SECTION 36-35-1, ET SEQ.) SO AS TO CIARIFY THE DEFINITION OF "COMPENSATION" IN THE MACON PENSIONS AND RETIREMENT SYSTEM; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES..
BE IT ORDAINED by the ~fayor and Council of the City of :Vlacon, Georgia, and it is hereby so ordained by the authority of the same that, pursuant to the authority granted the City of '.\llacon under the '.\llunicipal Home Rule .-\ct of 1965 (OCGA Section 36-35-1 et seq.}, Section 1.1 of Article I of Appendix II of the City of Macon Charter, relating to definitions used in the Macon Pensions and Retirement System, is hereby amended, so as to clarify the definition of "compensation" by deleting paragraph (i) of Section 1.1 in its entirety and inserting in lieu thereof a new paragraph (i) to read as follows:
(i) Co111pmsatio11: The remuneration paid to an employee by the employer for senices which are rendered during the period considered as serYice. Compensation for a year shall include salary and wages as reported on the Employee s Federal Income Tax Withholding Statement (Form W-2) plus any additional compensation paid by the employer as salary during that year, including, but not limited to, deferred compensation.
.-\11 ordinances or parts thereof in conflict with this proYision are hereby repealed.
SO ORDAINED this 16th day of June, 1998.
Willie Hill President, City Council
SO ADOPTED this 19th day of June, 1998.
Jim Ylarshall '.\lla\'or
SO ORDAINED this ___ daY of _ _ _ _, 1998.
Willie Hill President, City Council
SO ADOPTED this 9th day of~. 1998.
Jim '.\llarshall \fayor
City of ~facon, Ga.
I do hereby certify that the abO\e and foregoing Ordinance was duly passed at the Regular \lleeting of the Council of the City of Macon, held 6-16-98. Witness my hand and seal of the City of '.\llacon this 6-17-98 .

GEORGL-\ L-\WS 1999 SESSIO'.'\

500i

Joyce R. Gray Clerk of Council

SCBMITTED TO MAYOR'S OFFICE June 1i, 1998

RETCR..'-:ED FROM '.'vL-\YOR'S OFFICE June 19, 1998
3:58 P'.'vl JRG
City of '.'vlacon , Ga.

I do hereby certify that the aboYe and foregoing Ordinance was duh passed at the Regular '.'vleeting of the Council of the City of '.'vlacon held i-i-98.
Witness my. hand and seal of the CitY. of '.'vlacon this i-8-98.
Joyce R. Gray Clerk of Council

SCBMITTED TO '.'vL-\YOR'S OFFICE Juh- 8, 1998

RETCR.."iED FRO'.'vl '.'vL-\YOR'S OFFICE Juh 9, 1998
JRG 11 :34 .-\..vl

STATE OF GEORGL-\ COCNTY OF BIBB

PERSONALLY APPEARED BEFORE '.VIE, .-\ ~OTARY PCBLIC \-\lTHI'.'i .-\..'\/D FOR ABO\' STATE A...'-m COC~TY, DEBORAH THO~L-\S, WHO DEPOSES ,-\..'\iD SAYS SHE IS THE LEGAL/ ~.-\TIOl\'AL CLERK FOR THE MACON TELEGRAPH .-\.'.\ID IS DCLY ACTHORIZED BY THE PCBUSHER THEREOF TO '.'vL-\KE THIS .-\FFIDA\1T, ,-\..'\iD THAT ,-\D\'ERTISE'.'vIE~T AS PER ATTACHED CLIPPI'.'\G HAS BEE~ PCBLISHED I~ THE MACOl\' TELEGRAPH Ol\' THE FOLLO\-\1:--.JG DATES: '.'vlay 23, 1998; May 30, 1998; June 6, 1998

SIGNED Deborah Thomas

This

DAY OF

Mary R. Woodford

NOTARY PCBLIC, BIBB COCNTY, GEORGL-\

My Commission Expires June 2, 2001

PUBLIC NOTICE

In accordance with the Municipal Home Rule .-\ct, O .C.G..-\. Section 36-35-1, et seq., the City of Macon proposes to amend Sec. 1. 1 of Article I of Appendix II of its Charter, so as to clarify the definition of "compensation" as proYided in the Macon Pensions and Retirement System. The proposed charter amendment is aYailable for public inspection in the

5008 LOCAL .-\..,D SPECIAL ACTS .-\.."\iD RESOLCTIONS, \'OL. II

Office of the City Clerk and the Office of the Bibb County Superior Court Clerk.

Martha Clifton

Assistant CitY Attorney

CitY of '.\1ac~n



Filed in the Office of the Secretary of State July 16, 1998.

CITY OF EAST POI!\'T - CITY RETIRE\IEKT PL-\..1\i; CLASS\' D1PLOYEES.
Ord. 115i-98
STATE OF GEORGI.--\ CITY OF EAST POI'.\"T
ORDINANCE
.-\.., ORDI'.\".-\..1\'CE PCRSC.-\..,T TO THE :VIC!\'ICIP.--\L HOME RCLE ACT OF 1965 (Ga. L. 1965, p. 298, et. seq.) .--\ME::\'Dl,'.\;G THE .\ilC'.\"ICIP.--\L CHARTER OF THE CITI' OF EAST POI!\'T, GEORGI.-\., .--\PPRO\'ED .--\CGCST 19, 1912 (Ga. L. 1912, p. 862, et. seq.), Al\JD THE SE\'ERAL ACTS .\\IE'.'.:D.--\TORY THEREOF I'.'.:CLCDl!\'G THAT .--\CT .\PPRO\'ED .\iL-\RCH 9, 19i2 (Ga. L. 19i2, p. 2151, et. seq.), TO A\1END THE CITI"S RETIRE.\ilE::\'T PL-\..1\' TO EST.--\BLISH .\ CL\.SS Fl\'E FOR EMPLOYEES HIRED SCBSEQCE'.\"T TO \L--\RCH 31,1992; TO PRO\1DE FOR CO!\'TRlBCTIO!\'S FOR E'.\1IPLOYEES; TO PRO\1DE FOR COMPLIA'l'\CE WITH THE .\ilC::\'ICIP.-\.L HO:VIE RCLE .\CT OF 1965; TO PRO\1DE FOR E'.'.:ROLL.\ilE!\'T; TO PRO\1DE FOR ..\:, EFFECTl\'E DATE; TO PRO\1DE FOR SE\'ER--\.BILITY; .-\.'.'.:D, FOR OTHER PCRPOSES.
BE IT ORDAl:!'\ED BY THE :VL-\.YOR .-\..,D COL''.'ll'CIL OF THE CITY OF EAST POI:!'\T, A'\D IS HEREBY ORDAI'.\/ED BY ACTHORlTY OF SAME THAT:
.\n .\ct establishing a new Charter for the City of East Point apprO\ed August 19, 1912 (Ga. L. 1912, p. 862, et seq.) as amended, is hereby further amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.), as follows:
Section 1. Section 4-1003 is amended to include the following:
"Class \' partiripants shall mean all eligible employees hired on or after April 1, 1992.
,hwmge 111011th(l' ro111pn1satio11 shall mean the sum of base normal compensation for the highest seYenty-eight consecutiYe pay periods dhided by thirtY six.
Base normal ro111pe11satio11 shall mean the employee's annual base salary dhided by two thousand eighty hours times the number of hours worked

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and/ or due from the allowance of accrued and payable sick leaYe, the total not to exceed eighty hours per pay period. Excluded from base normal compensation are payments for lump sum sick or annual leaYe which would exceed eight hours per pay period, and stipends or other pay adjustments for performing additional duties or responsibilities which are temporary and discretionary and which are subject to withdrawal."

};:,m:s of rredited service shall mean for Class \' employees who were not preYiously a Class I, II, III or I\' participant who elected to participate the years ofsenice subsequent to July 1, 1998. HoweYer, sen-ice from April 1, 1992 through July 1, 1998 shall count for ,esting, disability and retirement eligibility but not for benefit accrual.

Section 2. Section 4-1104(1) is amended by deleting the last sentence therein.

Section 3.The first sentence of Section 4-1106(1.)(a)(l.) ls deleted in its entirety and inserted in lieu the reof is the following:

"l. .-\s a full-time employee of the city, other than Class \ ', shall be determined as one-twelfth (1 / 12) of two and one-fourth (2 1/ 4) percent of the participant 's final ayerage earnings multiplied by his years of total credited senice. .-\s a full-time employee of the City hired on or after April 1, 1992, the follo\\ing applicable benefit percentage times the Years of Credited Senice times AYerage Monthly Compensation."

Retirement Age
50
51 52 53
54 55
56
Si
58
59
60 61 62 63 64 65 and aboye

Applicable Benefit Percentage
l.i5% 1.80% 1.85% 1.90% 1.95% 2 .00 % 2.05 % 2.10% 2.15 % 2.20% 2.30 % 2.40 % 2.50 % 2.60 % 2.i0% 2.80 %

Retirement age 50 - 54 is ayailable for police office rs and fire fighters
only.

5010 LOCAL A.'\'D SPECIAL ACTS .-\.'\'D RESOLL'TIO:':S, \'OL. II
Class\' Lump Sum Option: .-\ny Class\' participant eligible for a normal retirement benefit may elect to receiYe between 5% and 25% (in 5% increments) of his accrued benefit in the form of an actuarial equiYalent lump sum distribution, determined using the applicable interest rate and mortality table under Internal ReYenue Code Section 41i(e) (3) (.-\). The participant's monthly retirement benefit will be reduced by an equal percentage, but any benefit payable to a suni,or will not be reduced.
Earh' Retirement Option: .\ny participant who has completed at least ten ,. ears of sen-ice and is within ten Y. ears of his earliest retirement date will haYe a choice of a deferred monthly retirement benefit based on the aboYe percentages or the immediate lump sum payment shown in Section 4-1108(3) (e) herein.
DisabilitY Benefit: a Class\' participant with less than ten years of credited senice shall be paid an amount equal to the lump-sum Yested benefit. .-\ Class\' participant with ten or more years of credited sen-ice shall be paid an immediate monthly pension benefit equal to the accrued benefit.
Section 4. Section 4-1106(i) (a) is deleted in its entiretY and inserted in lieu thereof is the following:
"(a) The amount of benefits payable under this plan to a Class \ ' participant or beneficiary shall be subject to cost of lh"ing reYiew and adjustment each two years by the city council by resolution. The amount of benefits payable under this plan to a Class I, II, or III participant or beneficiary shall be adjusted b, the current a,erage cost-of-liYing index figure as prmided herein ...
Section 5. Section 4-1108 is amended by adding thereto the following:
"(1) (d) For Class \' participants, the death benefit actuarially equiYalent to participant age 50 reserYe payable to a designated beneficiary shall be the greater of the accrued benefit or sixty percent of aYerage monthly compensation. The minimum monthly benefit shall be the years of credited sen-ice times thirtY dollars (S30.00). The minimum total benefit distributed shall be the a1~10unt proYided in Section 6 hereunder. .--\.ny other Plan proYision notwithstanding, eligible spouses or children of a deceased participant shall receiYe a death benefit of seYenty-fiye percent of the retiree=s benefit, with a minimum payment determined under Section 4-1108 herein. .-\ benefit payable hereunder to a child shall continue until the child reaches age eighteen, except that such payment shall continue to age twenty-four if a full-time student, or except that the payment shall continue at fifty percent for a handicapped (unemployable) child.
Section 6. Section 4-1108 is amended by adding the following:
"3(e) L:pon termination of a Class\' participant prior to ;\;ormal Retirement Date, a one time lump sum payment in accordance with the following schedule shall be payable. Vested participants must elect to recei,e such

GEORGI.-\ L-\WS 1999 SESSIO~

5011

lump sum payment in satisfaction of all benefits aYailable under the plan .

Years of Credited Service
<l 1<2 2<3 3<4 4<5 5<6 6<i i<8 8<9 9<10 10<11 11<12 12<13 13<14 14<15 15<16 16<li li<l8 18<19 19<20 20<21 21<22 22<23 23<24 24<25 25 or more

Percentage of Employee Contributions
100% 110% 120% 130% 140% 150% 160% li0% 180% 190% 200% 220% 240% 260% 280% 300% 320% 340% 360% 380% 400% 420% 440% 460% 480% 500%

Section 7. Employees hired prior to April 1, 1992 who are coYered by Class I, II, III or I\' ma, elect at retirement either to retire under the benefits of their respectiYe ~lass or to retire under the benefits of Class \'.

Section 8. Participation in the defined benefit retirement plan shall be mandatory for all employees hired on or after April 1, 1992 except for the city manager, department heads and the deputy city manager.

Section 9. Section 4-1110(2) (a) is amended by deletion and substituting in lieu thereof the following:

Each employee participant shall contribute to the trust fund at an annual rate of 6% of Compensation by means of regular payroll deductions ("Participant Contributions"). The City will pick up Participant Contributions. Such Participant Contributions will be treated as employer contri-

5012 LOCAL Ai'\/D SPECIAL ACTS ..\..'\ID RESOLCTIONS, VOL. II
butions in accordance with Internal ReYenue Code Section -!14(h) and am Treasury Regulations promulgated thereunder. City pick up of Participan't Contributions shall be effectuated by reducing the compensation of each Participant by 6%. '.'-.o employee participant shall haYe the option to receiYe the pick up contributions directly instead of haying such contributions paid by the City to the Trust Fund.
Section 10. Transition. The compensation of each participant shall be increased proportionately to the effect that the gross earnings subject to tax withholdings and immediate payment shall not be reduced by this Ordinance. The adjustment made by this Section shall not be taken into account by the City Council when considering employee cost of liYing or such other general compensation increases. In the eYent the compensation of any participant is not increased to offset the required contributions, the benefits payable under this Plan shall be increased proportionately in accordance with State Law. Such proportion shall be based upon the ayerage annual participant contribution compared to the corresponding increase in accrued benefit.
Section 1I. 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 ,veek 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. Cpon 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 12. SeYerability. In the eYent any section, subsection, sentence, clause or phrase of this ordinance shall be declared inrnlid or unconstitutional, such adjudication shall in no manner effect the preYiously existing proYisions 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 haYe passed the remaining parts of this ordinance or retained the preYiously existing prmisions if it had known that such part or parts hereof would be declared or adjudicated inYalid or unconstitutional.
Section 13. This Ordinance shall become effectiYe upon adoption.
Section 14. All Charter proYisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.

GEORGIA LAWS 1999 SESSIO!'\

5013

First Reading 5/4/98
Second Reading 5/18/98
This Ordinance haYing been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approYed.
This 19th day of Mav, 1998.
PATSYJO HILLIARD, MAYOR
ATTEST:
SHIRLEY FORRY, c1n CLERK
July 15, 1998
TO WHOM IT MAY CONCERN:
I, Shirley '.\1. Forry, 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, as the same appears on record in the office of the City Clerk of the City of East Point, Georgia.
Home Rule Ordinance l 15i.98 (Pension)
IN WITNESS WHEREOF I ha,e hereunto affixed my official signature and the corporate seal of said city this 15th day ofJuly, 1998.
Shirley '.\1. Forry, City Clerk
CITY CLERK'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
Personally appeared before the undersigned notary public, SHIRLEY M. FORRY, 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 .-\ct of 1965, hereby certify that with respect to that Municipal Home Rule Ordinance adopted Mav 18, 1998, I haYe in 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 proYiding for publication of the legal notice, a copy of which is attached hereto, and is further e,idenced by an affidaYit of the publishers.
Furthermore, in execution of this .-\ffida,it, 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 Georgia for enrollment in

5014 LOCAL A.'\ID SPECIAL .-\CTS .-\..'W RESOLCTIONS, \'OL. II
Georgia Laws as proYided in the Municipal Home Rule .-\ct of 1965 as amended.
This 15th day of Juh-, 1998.
Shirley Forn Clerk, City East Point
Sworn to and subscribed before me this 15th day of Juh 1998
Walter Thomas Little, Jr. Notary Public, Fulton County, Georgia My Commission Expires .-\ug. 4, 1998
AFFIDA\1T OF PCBLICA.TIO!'\
I, Lisa R. Smith do solemnly swear that I am AdYertising Ylanager of The Ylarietta DailyJournal and Neighbor '.\'ewspapers, printed and published at Marietta in the State of Georgia and that from my own personal knmdedge and reference to the files of said publication, the adYertisement of .--\mend the Municipal Charter ,ms inserted in the regular edition on April 30, 1998, Ma" 7th & 14th, 1998.
This 17th daY of June, I998.
Walter Thomas Little, Jr. :\'otary Public, Fulton County, Georgia ~1y Commission Expires .-\ug. 4, 1998
CHARTER CHA..'\IGE
,-\,.'\I ORDI::-.iA.'\ICE PCRSCA..'\IT TO THE MCNICIP.-\L HOME RCLE A.CT OF 1965 (Ga. L. 1965, p 298, et.seq.) A.\1E;\JDl:-.1G THE MC~ICIP.-\L CHARTER OF THE CITY OF EAST POI~T, GEORGI.-\, APPROVED ACGL'ST 19, 1912 (Ga. L. 1912, p 862, et seq.), ,-\,.'\iD THE SEVER-\LACTS AME~DATORY THEREOF INCLCDI::-.iG THAT .-\CT APPROVED MARCH 9, 19i2 (Ga. L. 1972, p . 2151, et seq.) TO .-\..\1E::--iD THE CITYS RETIREMENT PL-\.."'J' TO ESTABLISH.-\ CL-\SS Fl\'E FOR EMPLO\EES HIRED SUBSEQCE:\JT TO MARCH 31, 1992; TO PRO\1DE FOR CONTRIBUTIONS AND BENEFITS FOR CL-\SS Fl\'E EMPLOYEES; TO PRO\1DE FOR COMPLIANCE \-\1TH THE MCl'\ICIP.-\L HOME RCLE OF 1965; TO PRO\1DE FOR E~ROLLME~T; TO PRO\1DE FOR ,-\...'\i EFFECTIVE DATE; TO PRO\1DE FOR SEVER-\BILITY; TO REPEAL CONFLICTING LAWS AND ORDINANCES; A..'\iD, FOR OTHER PCRPOSES.
The Home Rule Ordinance will be presented to the East Point City Council for the FIRST READING at the regular Council Meeting on Monday, May 4, 1998 in the Council Chambers located in the East Point Municipal

GEORGI.--\ L-\WS 1999 SESSIO!\:

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Auditorium at 7:30 p.m. \fayor and Council will hold a PCBLIC HE..\Rl!\:G and the FI::--.:.--\L RE..\DI:'.'\G at the East Point Council \freting to be held at 7:30 p.m. on \londay, \fay 18, 1998 at the same time and location .
.--\ copy of said ordinance is on file in the City Clerk's Office at East Point City Hall, 2777 East Point Street, East Point, Georgia and in the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, 144 Pryor Street S.W. Atlanta, Fulton, County, Georgia for examination and inspection by the public. The City Clerk of said City and / or the Superior Court of Fulton County "ill furnish anyone, upon written request, with a copy of the proposed ordinance.
Shirley \1. Forry, City Clerk
PCBLISHER'S .-\FFIDA\1T
STATE OF GEORGI.--\ coc::--.:TY OF FCLTO!\:
Before me, the undersigned, a :'.'\otary Public, this day personally came Cheryl Echols, who being duly sworn, according to law, says she is an agent of the American Lawyer \frdia, LP. publishers of the Daily Report, the official newspaper published in Atlanta, Ga. in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as proYided by law on the follm,ing dates:
04/ 29/ 98, 05 / 06/ 98, 05 / 13/ 98
Chen! Echols Agent of the Daily Report
Subscribed and sworn to before me this 05 / 12/ 98.
Eileen T. \.forelock ::--.:otary Public, Fulton County Expires June 17, 2001
CHARTER CHANGE
A.n Ordinance pursuant to \1unicipal Home Rule Act of 1965, (Ga. L. 1965, p 298, et. seq.) amending the \fonicipal Charter of the City of East Point, Georgia, apprmed August 19, 1912 (Ga. L. 1912, p 862, et. seq.), and the se,eral acts amendatory thereof including that Act approYed \tlarch 9, 1972, (Ga. L. 1972, p. 2151, et. se<iJ.) to amend the City's Retirement Plan to establish a Class Fi\e for employees hired subsequent to \tlarch 31, 1992; to proYide for contributions and benefits for Class FiYe employees; to prmide for compliance with the \-Iunicipal Home Rule .-\ct of 1965; to proYide for enrollment; to proYide for an effectiYe date; to proYide for seyerability; to repeal conflicting laws and ordinances; and, for other purposes.
The Home Rule Ordinance will be presented to the East Point Cit\' Council for the FIRST RE..\DI;\;G at the regular Council Meeting on

5016 LOC.-\1.. .-\.'\D SPECIAL .-\CTS .-\.'\D RESOLCTIO:\:S, \'OL. II
'.\fonday, May 17, 1998 in the Council Chambers located in the East Point Municipal Auditorium at 7:30 p.m. '.\layor and Council will hold a PCBLIC HE.-\RI~G and the FI!'\.-\L RE.-\DI!'liG at the East Point Council Meeting to be held at 7:30 p.m. on \fonday,June 1, 1998.
.-\ copy of said ordinance is on file in the City Clerk's Office at the East Point City Hall, 'J.77 East Point Street, East Point, Georgia and in the office of the Clerk of the Superior Court of Fulton County, Fulton CountY Courthouse, 144 Pryor Street S.W. .-\tlanta, Georgia for examination and inspection by the public. The City Clerk of said City and/ or the Superior Court of Fulton County will furnish anyone, upon written request, with a copy of the proposed ordinance.
l s/ Shirley \1. Forry, City Clerk
#10: 4/ 29-3em
Filed in the Office of the Secretary of State July 17, 1998.
CITY OF \iL-\CO:\: - COC:\:CIL; C.-\1..L OF SPECI.-\L \IEETl:\:GS.
CO\ilMITTEE .-\.\IE:\:D:VIE:\:T
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA, AMENDING SECTION 2-323 OF THE CITY OF MACON CHARTER, PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE MUNICIPAL HOME RULE ACT OF 1965 (O.C.G.A. SECTION 36-35-1, ET SEQ.) SO AS TO CLARIFY AND EXPAND THE PROCEDURAL REQUIREMENTS FOR THE CALL OF A SPECIAL MEETING OF CITY COUNCIL; TO REPEAL CONFLICTING I.AWS; AND FOR OTHER PURPOSES.
BE IT ORDAINED b, the \larnr and Council of the Cin of \-!aeon , Georgia, and it is hereby so ord~ined by the authority of th~ same that, pursuant to the authority granted the City of \-!aeon under the \lunicipal Home Rule ..\ct of 1965 (OCG.-\ Section 36-35-1 et seq.), Section 2-323 of Article II of the Charter of the City of \ilacon, Georgia, relating to special meetings of the City Council, is hereby amended, so as to clarify and modify the procedural requirements for the call of special meetings of City Council, by deleting paragraph (b) of Section 2-323 in its entirety and inserting in lieu thereof a new paragraph (b) to read as follows:
(b) Special meetings of the council may be held on call of the mayor, president of the council or a majority of all members of the council. The purpose of a special meeting is to deal with emergency matters that may arise between regular meetings and that urgently require action by the council before the next regular meeting. :\:otice of a special meeting shall be serYed on all members personally, or bY telephone personally, at least forty-eight (48) hours in adYance of the meeting. If, after diligent effort,

GEORGIA L-\WS 1999 SESSION

50li

personal ser\'ice is not possible, notice shall be deemed to ha\'e been sened if deli,ered to the residence of record of the member by a police officer who certifies that such deli\ery was at least twenty-four (24) hours prior to the con\'ening of the meeting. This notice to council members shall not be required if all council members are present when the special meeting is called. This notice of any special meeting may be wai\ed by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a wai\'er of notice on any business transacted in the council member's presence. Only the business stated in the call may be transacted at the special meeting. \\110e\'er calls a special meeting shall ha\'e the discretion to determine what business shall be stated in the call.
All ordinances or parts thereof in conflict with this pro\'ision are hereby repealed.
SO ORDAINED this 16th day of June, 1998.
Willie Hill President, City Council
SO ADOPTED this ____ da" o f - - - - - - - , 1998.

'.\fa\'or
City of Macon, Ga.
I do hereby certify that the abo\'e and foregoing Ordinance was duty passed at the Regular Meeting of the Council of the City of ~facon, held 6-16-98. Witness my hand and seal of the City of Macon this 6-1 i-98.
Joyce R. Gray Clerk of Council
SCBMITTED TO YlAYOR'S OFFICE June l i, 1998
RETCR.'\J"ED FROM ~L\YOR'S OFFICE
Julv i, 1998 (unsigned)
8:43 A.M. JRG
SO ORDAINED this ith day of~. 1998.
Willie Hill President, City Council
SO ADOPTED this _ _ _ da" of _ _ _ _ _ __, 1998.
City of Macon, Ga.
I do hereby certify that the abo\'e and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held i-i-98. Witness my hand and seal of the City of Macon this i-8-98.

5018 LOC.-\L .-\.'W SPECI.-\L .-\CTS .-\.'\D RESOLLTIO'.':S, \'OL. II

Joyce R. Gray Clerk of Council

SCB\IITIED TO '.\-L-WOR'S OFFICE Juh- 8, 1998

RETCR.'\ED FRO\-1 \-1.-\YOR'S OFFICE Juh- 9, 1998 (unsigned)
JRG 11 :3-t .-\.:\-1.

STATE OF GEORGI.-\ COC.'.':TI' OF BIBS

PERSOX-\LLY APPEARED BEFORE \lE, .-\ '.':OT.-\RY PCBLIC \\1THI'.': .-\.'\D FOR .-\BO\'E STATE .-\.'\D COC'.':TI', DEBOR.-\H THO'.\L-\S, 'WHO DEPOSES .-\.'\D S.-\\'S SHE IS THE LEG.-\L/ !'1:.-\TIO~.-\L CLERK FOR THE '.\-l-\CO.'.': TELEGR.-\PH .-\.'\D IS DCLY .-\CTHORIZED BY THE PCBUSHER THEREOF TO '.\-1.-\KE THIS .-\FFID.-\\1T, .-\."\D THAT .-\D\'ERTISE\lE.'.':T AS PER .-\TI.-\CHED CLIPPl'.':G HAS BEE'.': PCBLISHED I'.': THE '.\-L-\CO'.': TELEGR-\PH O'.': THE FOLLO\-\1'.':G DATES:

May 30, 1998: June 6, 1998; June 13, 1998

SIG.'.':ED Deborah Thomas

THIS

D.-\YOF

Man R. Woodford

'.':OT.-\RY PCBLIC BIBB COC!'\TI', GEORGIA

\ly Commission Expires June 2, 2001

PUBLIC NOTICE

In accordance with the Municipal Home Rule .-\ct, O .C.G.A. Section 36-35-1, et seq., the City of Macon proposes to amend Sec. 2-323(b) of its Charter, so as to clarif\ and modify the procedural requirements for the call of special meetings of City Council. The proposed charter amendment is aYailable for public inspection in the Office of the City Clerk and the Offfice of the Bibb County Superior Court Clerk.

Martha Clifton .-\ssistam City Attorney

Filed in the Office of the Secretary of State July 20, 1998.

CITY OF .-\ST POl!'\T - Hl''.\-L-\."\ RESOL'RCES .-\.1'\D ECO~O\IIC DE\'ELOPME!\'T DEPARTME!'\TS.
Ord. 1164-98
STATE OF GEORGL-\ CITY OF EAST POl!\'T

GEORGL-\ L-\WS 1999 SESSIO:\'

5019

ORDI:\'..\.'\;CE
..\., ORDI:\'..\.,CE PL"RSL".-\:\'T TO THE '.\-IC:\'ICIP.-\L HO\IE RL'LE .-\CT OF 1965 (Ga. L. 1965, p. 298, et. seq.) ..\.'1IE:'liDI:'liG THE '.\-IC:\'ICIP.-\L CHARTER OF THE CITY OF EAST POI:\'T, GEORGI.-\, .-\PPRO\'ED .-\l"GCST 19, 1912 (Ga. L. 1912, p. 862, et. seq.) ...\.'-lD THE SE\'ER-\L ACTS .-\\,fE:\'D.-\TORY THEREOF I:'\CLL"DI:'liG THAT .-\CT .-\PPRO\'ED \L-\RCH 9, 1972 (Ga. L. 1972. p. 2151. et. seq.), TO PRO\1DE FOR HC\L.\., RESOL"RCES ..\.,D ECO:\'O\IIC DE\'ELOP'.\-IE:\'T DEP.-\RT\,fE:\'TS; TO PRO\1DE FOR CO\IPLL.\.,CE \i\lTH THE :VIC:\'ICIP.-\L HO\IE RL"LE .-\CT OF 1965; TO PRO\1DE FOR E:\'ROLL'.\-IE:\'T; TO PRO\1DE FOR ..\., EFFECTI\'E DATE; TO PRO\1DE FOR SE\'ER-\BILITY: TO REPE.-\L CO:\'FLICTl:\'G L-\WS ..\.,D ORDl:\'..\.,CES; ..\.,D, FOR OTHER PL"RPOSES.
BE IT ORD.-\1:\'ED BY THE '.\-L-\YOR ..\.,D COL":\'CIL OF THE CITY OF EAST POI:\'T, ..\.,DIS HEREBY ORD.-\J:\'ED BY .-\CTHORITY OF S.-\\IE THAT:
.-\n .-\ct establishing a new Charter for the City of East Point approYed .-\ugust 19, 1912 (Ga. L. 1912, p. 862, et seq.) as amended, is hereby further amended pursuant to the \lunicipal Home Rule .-\ct of 1965 (Ga. L. 1965, p. 298, et seq.), as follows:
Section I. Chapter I of Article I\' of the City Charter is amended by inserting the following:
Section -l-111 Human resources department
The human resources department shall be constituted of a director, an assistant director and such other officers and employees as the city manager shall direct.
Section -l-112 Economic deYelopment department
The economic development department shall be constituted of a director and such other officers and employees as the city manager shall direct.
Section 2. Chapter I of Article I\' of the City Charter is hereby amended by deleting Section -l-102 and inserting in lieu thereof the following:
Section 4-102 Cit) departments
The operation of cit) sen-ices shall be constituted of the following departments: finance. parks and recreation, commtmit) sen-ices, public works, public utilities, police, court, fire, human resources and economic de,elopment.
Section 3. The Cit) 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 Count). Georgia, and in the official newspaper of

5020 LOCAL A..'\'D SPECIAL ACTS A.~D RESOLCTIO::\'S, \'OL. II

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. Cpon adoption of this ordinance bY the CitY Council. the CitY Clerk is instructed within thirtY daYs thereafter t~ furnish certified copies of this ordinance to the Secret;ry ~f State of the State of Georgia for enrollment in Georgia Laws thereafter.

Section 4. This Ordinance shall become effectiYe upon adoption.

Section 5. SeYerability. In the eYent any section, subsection, sentence, clause or phrase of this ordinance shall be declared inYalid or unconstitutional, such adjudication shall in no manner effect the pre,iously existing prmisions 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 i1walid or unconstitutional were not _originally a part thereof. The City Council hereby declares that it would haYe passed the remaining parts of this ordinance or retained the preYiously existing proYisions if it had known that such part or parts hereof would be declared or adjudicated inYalid or unconstitutional.

Section 6. All Charter proYisions. ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.

First Reading i / 6/ 98

Second Reading i /20/ 98

This Ordinance haYing been properly considered and adopted by the City Council of the City of East Point. Georgia, same is hereby approYed.

This 21st day of Juh, 1998.

PATSYJO HILLIARD, MAYOR

ATTEST: SHIRLEY FORRY, CITI' CLERK

July 2i, 1998

TO WHOM IT MAY CONCERN:
I. Shirley M. Forn-, 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, as the same appears on record in the office of the City Clerk of the City of East Point, Georgia.

GEORGI.-\ L-\\,\'S 1999 SESSIO:'\

5021

Home Rule Ordinance 1164-98 creating a Human Resources Department and an Economic DeYelopment Department for the City of East Point adopted by Council on July 20, 1998
IN WITNESS WHEREOF I ha\'e hereunto affixed my official signature and the corporate seal of said city this 27th day of~. 1998.
Shirley ~I. Forry, City Clerk
Cit\' Seal
CITY CLERK"S .--\FFID.-\\1T
STATE OF GEORGL-\ COC:'.'\TY OF FCLTO~
Personally appeared before the undersigned notary public, SHIRLEY M. FORRY, Clerk of the City of East Point, and after being duly sworn deposes and states under oath as follows:
I am the Cit\' Clerk of the City of East Point, Georgia, and pursuant to my responsibilities as City Clerk and in compliance with the ~Iunicipal Home Rule .-\ct of 1965, hereby certify that with respect to that ~Iunicipal Home Rule Ordinance adopted Juh- 20 , 1998, I ha\'e in 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 proYiding for publication of the legal notice, a copy of which is attached hereto, and is further e\'idenced by an affidaYit of the publishers.
Furthermore, in execution of this .-\ffidaYit, I am transmitting herewith a certified copy of the ordinance as adopted by the-~ayor and Council of the City of East Point to the Secretary of State of Georgia for enrollment in Georgia La\\s as prmided in the ~Iunicipal Home Rule Act of 1965 as amended.
This 27th day of~. 1998.
Shirle\.' \I. Forn.
Clerk, City of East Point
Sworn to and subscribed before me this 27th day of~. 1998
Bobbie Jones :'.'\otary Public, Fulton Counn. Georgia ~ly commission Expires ~lay 6, 2002
PCBLISHER"S .--\FFIDA\1T
STATE OF GEORGL-\ COC:'.'\TY OF FCLTO:'.'\

5022 LOCAL A". \D SPECIAL ACTS .-\.'.\D RESOLCTIO~S, \'OL. II
Before me, the undersigned, a '.\'otary Public, this day personally came Debra Dixson , who , being duly s\\orn, according to law, says she is an agent of the Ame rican Lawyer Media, LP. publishers of the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state, and that the publication, of " hich the annexed is a true copy, was published in said newspaper as pro\'ided by law on the follm\'ing dates:
06/ 24/ 98, 07/ 01 / 98, 07/ 08/ 98
Debra Dixson .-\gent of the Daily Report
Subscribed and sworn to before me this 07/ 08/ 98
Juanita Jones :\lotan Public
NOTICE OF CHARTER CHANGE
An Ordinance pursuant the Municipal Home Rule .-\ct of 1965 (Ga. L. 1965, p. 268, et Seq.) amending the '.\lunicipal Charter of the City of East Point, Georgia, appro\'ed August 19, 1912 (Ga. L. 1912, p. 862, et Seq.) and the se\'eral .-\cts amendatory thereof including that .-\ct appro\'ed March 9, 1912 (Ga. L 1972, et Seq.), to pro\'ide for Human Resources and Economic De\'elopment Departments; to pro\'ide for compliance "ith the :Vlunicipal Home Rule .-\ct of 1965; to pro,ide for enrollment; to pro\'ide for an effecti\'e date; to pro\'ide for se\'erability; to repeal conflicting laws and ordinances; and, for other purposes.
The East Point Mayor and Council will hold the First Reading of this Home Rule Ordinance on Monday,July 6, 1998 at the Council Meeting at 7:30 p.m. in the Council Chambers located in the East Point Municipal Auditorium . The Final Reading of this Home Rule Ordinance will be held on Monday,July 20, 1996.
.-\ copy of said ordinance is on file in the East Point City Clerks office, 2777 East Point Street, East Point, Georgia, and in the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, 144 Pryor Street, SW, Atlanta, Georgia for examination and inspection by the public. The City Clerk of said City and / or the Clerk of Superior Court of Fulton Count\' ,\'ill furnish anyone, upon written request "ith a copy of the proposed ordinance.
Shirley Forry CitY Clerk
Filed in the Office of the Secretary of State July 29, 1998.

GEORGIA L.\WS 1999 SESSION

5023

c1n OF STO:'\E MOC:'\TAI:'\ - COCNCIL; ORDI:'\ANCES.

PROPOSED ORDINANCE NO. 98-2

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF STONE MOUNTAIN, GEORGIA, ARTICLE Ill, ORGANIZATION OF GOVERNMENT, SECTION 3.16(B), SECTION 3.16(E) ORDINANCE FORM; PROCEDURE AND FOR ALL OTHER LAWFUL PURPOSES.

The Council of the City of Stone Mountain hereby ordains that:

The proYisions of the City Charter, Article III, Section 3.16 (b) and Section 3.16 (e) be amended by deleting said Sections in their entirety and inserting in lieu thereof the following Sections 3.16 (b) and 3.16 (e) which shall read as follows:

Article III, Section 3.16 (b ).

An Ordinance may be introduced by any Councilmember and read at any regular meeting, special meeting or work session of the City Council.

Article III, Section 3.16 (e ).

All proposed ordinances shall be submitted to the Mayor and City Council for consideration prior to passage thereof and may not be passed upon by the Council until its next regular or special called meeting follo\\ing the work session, regular or special called meeting in which such ordinance is first introduced. This requirement may be waiYed by unanimous ,ote of a quorum of the City Council present and Yoting at any meeting. The work session shall be considered as one of the meetings for a required reading.

It is hereby declared to be the intention of the Mayor and City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are seYerable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the Yalid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance.

This ordinance shall become effectiYe JL'LY i , 1998.

The foregoing was proposed by Councilmember COLETTI with a motion

to adopt. Thereafter, the motion was seconded by Councilmember PEET ,

-,4oCteodunagcailimnsetmthbeerms

,oted otion.

in

fayor

of

the

motion

and

-O Councilmembers

:VUYOR CHARLES BCRRIS

J.\.1'.;E WHITTINGTO:\', CITY CLERK

APPRO\'ED AS TO FOR~I: Joe Fowler

5024 LOCAL A.'. m SPECIAL ACTS .-\..'\iD RESOLCTIONS, \'OL. II

City of Stone Mountain

(.'l,urk Burri.,..\lay11
August 17, 1998

922 '.\lain Street Stone '.\lountain. G..\ 300H3

XaYier Harris Elections DiYision Suite 1104 - West Tower #2 Martin Luther King, Jr. DriYe Atlanta, GA 30334

Dear '.\fr. Harris:

On July 7, 1998, the city council of the City of Stone '.\fountain passed two ordinances ::--.;os. 98-2 and 98-4 bY home rule to amend our charter. The first reading of the ordinances was June 2, 1998 at the regular council meeting and the second reading was July 7, 1998 at the regular meeting. The ordinances are enclosed for your reference.

If I can be of further assistance please call me at (770) 498-8984.

Sincerely,

Jane \\'hittington CitY Clerk

Enclosures

PCBLISHER'S AFFIDA\1T

The Champion ::--.;ewspaper PO Box 361500 Decatur, GA 30036-1500

Phone: (404) 479-4496 Fax: (404) 479-4478

CITY OF STONE MOCNT..\IN JA....'\iE WHITTINGTON 922 '.\1..\IN STREET STONE MOCNT..\1::--.; GA 30083

STATE OF GEORGIA COCNTY OF DEKALB

Personally appeared before me, the undersigned, a '.'\otary Public within
and for said county and state, Carolyn J. Glenn, Publisher of The
Champion ::--.;ewspaper, published at Decatur, County of .DeKalb, State of Georgia, and being the official organ for the publication of legal adYertisemen ts for said county, who being duly sworn, states on oath that the report of PCBLIC ::--.;oTICES, ACT :-.;o.1032 a true copy of which is hereto attached, was published in said newspaper on the following date(s):

06/18/98, 06/25/98, 07/02/98

GEORGIA L-\WS 1999 SESSIO~

5025

CAROL\':'\ J. GLE:\':\', PCBLISHER
Sworn to and subscribed before me this 07/ 02/ 98.
Dorcas Y. Jernigan '.'.'otarY Public
.\1y commission expires July 31, 200 l.
THE OFFICIAL LEGAL ORG.--\.., OF DEKALB COCI\TY
NOTICE OF PROPOSED AMENDMENT TO CHARTER OF
THE CITY OF STONE MOUNTAIN, GEORGIA
:\'otice is hereby giYen that tlrn Ordinances haYe been proposed to amend the Charter of the City of Stone '.\fountain, Georgia (.--\ct '.\io. l 032, Ga. L. 1990) so as to amend ,.\rticle III of the Charter and related laws of the city so as to proYide for procedures regarding submission, form and adoption of ordinances; also to amend Article \ 1 of the Charter and related lmrs of the City so as to proYide for procedures regarding spending from reserYes or surplus, and for all other la\\ful purposes.
.--\ copy of the proposed Ordinances to amend the Charter are on file in the office of the City Clerk of Stone .\1ountain, Georgia and the Office of the Clerk of Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public.
This 5th day ofJune, 1998. Jane v\11ittington, City Clerk Cit1 of Stone '.\lountain
Filed in the Office of the Secretary of State August 3, 1998.

CITI' OF STO:\'E \'1OC:\'T.-.\I:\' - COC'.\/CIL; CITY RESER\'ES; \'OTES.
PROPOSED ORDINANCE NO. 98-4
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF STONE MOUNTAIN, GEORGIA, ARTICLE VI, FINANCE, TO PROVIDE FOR THE NUMBER OF VOTES REQUIRED TO
AUTHORIZE WITHDRAWAL OF FUNDS FROM CITY RESERVES AND FOR ALL OTHER LAWFUL PURPOSES.
The Council of the City of Stone Mountain hereby ordains that:
The prO\isions of the City Charter, Article \1, be amended by adding thereto a ne\\ Section 6.30 to be entitled Authorizing Spending of Prior \'ears ReserYes, which new section shall read as follows:

5026 LOCAL ..\."D SPECIAL ACTS ..\."D RESOLL'TIO'.\:S, \'OL. II

Section 6.30 Authorizing Spending of Prior Year's Reserves.
The City Council may at a regular or special called meeting of the City Council authorize spending from prior year's reserYes. The appropriation to spend from prior year's resenes shall require the approYal of 5 of the 6 Councilmembers. In the e,ent there are 5 or less Councilmembers serYing, a unanimous Yote of apprornl shall be required to authorize spending from prior year's reser\'es. A quorum as defined in Section 3.15 of the Charter shall not suffice for rnting. The "City Financial Resene" or the "City Financial Surplus" or the "Prior Years Resene" shall be defined by Ordinance. \.1onies placed in the "City Financial ReserYe.. shall be as determined by a majority ,ote of a quorum of the City Council at a regularly scheduled Council meeting.
It is hereby declared to be the intention of the \fayor and CitY Council that the sectio{1s, paragraphs, sentences, clauses and phrases of tilis ordinance are seYerable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the ,alid judgment or decree of any court of competent jurisdiction, such lmconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance.
This ordinance shall become effectiYe Jl'LY i, 1998.
The foregoing was proposed by Councilmember COLETTI with a motion to adopt. Thereafter, the motion was seconded by Councilmember SMITH. 4 Councilmembers \'Oted in fa,or of the motion and Q Councilmembers Yoted against the motion.

:VLWOR CHARLES BCRRIS

J.\."E WHITTI~GTO'.\:, CITY CLERK

APPRO\'ED AS TO FOR:Vl: JOE FO\i\'LER, CITY ATTOR'.\:EY

City of Stone Mountain

0111rk Burri.,..'111_rm

922 \lain S1ree1

S1011e \lou111ai11. G..\ 300l'l3

August 1i, 1998

XaYier Harris Elections DiYision Suite 1104 - West Tower #2 \,lartin Luther King, Jr. DriYe Atlanta. GA 30334

Dear \-Ir. Harris:

On July i, 1998, the city council of the City of Stone '.\fountain passed ~rn ordinances ::,.;os. 98-2 and 98--1 by home rule to amend our charter. The first

GEORGI.-\ L-\WS 1999 SESSIO;\

502i

reading of the ordinances was June 2, 1998 at the regular council meeting and the second reading was July i, 1998 at the regular meeting. The ordinances are enclosed for ,om reference.

If I can be of further assistance please call me at (ii0) 498-8984.

Sincerely,

Jane \\11ittington Cit\' Clerk .

Enclosures

PL"BLISHER'S .-\FFID.-\\1T

The Champion ;\ewspaper PO Box 361500 Decatur, GA 3003~1500

Phone: (404) 4i9-4496 Fax: (404) 4i9-Hi8

CITY OF STOSE ~IOC;\T.-\1;\ JA.~E WHITTI~GTO;\ 922 M.-\11' STREET STOi'iE ~IOC;\T.-\1;\ GA 30083

ST.-\TE OF GEORGI.-\ COC~TY OF DEK.-\LB

Personally appeared before me. the undersigned, a ;\Otary Public within
and for said county and state, Carolyn J. Glenn, Publisher of The
Champion ~ewspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal ad\'ertisements for said county, who being duly sworn, states on oath that the report of PCBLIC ~OTICES, .-\CT ~0.1032 a true copy of which is hereto attached, was published in said newspaper on the following date(s):

06/ 18/ 98, 06/ 25/ 98, 0i/ 02/ 98
C-\ROL~ J. GLE;\;\, PCBLISHER

Sworn to and subscribed before me this Oi/ 02/ 98.

Dorcas Y. Jernigan ;\Otary Public
M:y commission expires July 31, 2001.

THE OFFICI.-\L LEGAL ORGA.'\; OF DEK.-\LB CQC;'\TY

NOTICE OF PROPOSED AMENDMENT TO CHARTER OF
THE CI'IY OF STONE MOUNTAIN, GEORGIA

~otice is hereby ghen that two Ordinances ha\'e been proposed to amend the Charter of the City of Stone '.\iountain , Georgia (.-\ct ;\O. 1032,

5028 LOCAL A'.\'D SPECIAL ACTS .-\..,D RESOLCTIO'.\'S, \'OL. II
Ga. L. 1990) so as to amend .-\rticle III of the Charter and related laws of the citY so as to proYide for procedures regarding submission, form and adoption of ordinances; also to amend Article \ 1 of the Charter and related la\\s of the City so as to prmide for procedures regarding spending from resen-es or surplus, and for all other la\\ful purposes.
A copy of the proposed Ordinances to amend the Charter are on file in the office of the City Clerk of Stone '.\lountain, Georgia and the Office of the Clerk of Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public.
This 5th da, ofJune. 1998.
Jane 'Whittington, Cit, Clerk CitY of Stone '.\lountain
Filed in the Office of the Secretary of State August 3, 1998.
CITY OF DORA\lLLE - '.\<L--\YOR; CO'.\IPE'.\'SATIO'.\'.
ORDINANCE NO. 98-13
AN ORDINANCE ENACTED PURSUANT TO THE OFFICIAL CODE OF GEORGIA, 36-35-3, et. seq. TO AMEND SECTION 2.07 OF THE CHARTER OF THE CITY OF DORAVILLE SO AS TO INCREASE THE ANNUAL SALARY OF THE MAYOR TO $60,000.00 EFFECTIVE JANUARY 2000; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
BE IT ORDAI'.\'ED A'.\'D IS HEREBY ORDAI'.\'ED BY THE \L-\YOR .-\..,D COC'.\'CIL OF THE CITY OF DOR-\\lLLE. A POLITICAL SCBDl\lSIO'.\' OF THE STATE OF GEORGL-\, AS FOLLOWS:
Section 1. Pursuant to the authority granted to the CitY under the Home Rule .-\ct, Official Code of Georgia ~ 36-35-3 et. seq., Section 2.0i of the Charter of the City of DoraYille is hereby amended by striking the phrase "the '.\larnr shall receiYe a salary of S48,00000 per year" therefrom and substituting therefor the following: '"the '.\fayor shall recei,e a salary of S60,000.00 per year beginning Januan- 1, 2000", so as amended Section 2.0i of the Charter of the CitY of DoraYille shall read as follm\"s:
"Section 2.07 Compensation and Expenses.
Be it further enacted that the '.\fa,or shall receiYe a salary of S60,000.00 per Year. beginningJanu~ry 1, 2000. The '.\fayor, \\:hen authorized bY the Council and upon the presentation of itemized Youchers shall receiYe his actual and necessary expenses incurred in the performance of his duties of office."
Section 2. .-\II ordinances or parts of ordinances in conflict herewith are herebY repealed.

GEORGL-\ L-\\-\'S 1999 SESSIO:\'

5029

Section 3. This Ordinance shall become effecthe upon its passage by the \far. nr and CitY. Council of the CitY. of DoraYille.
Section 4. It is hereby. declared to be the intention of the '.\fa.yor and CitY. Council of the City of DoraYille that the actions, paragraphs, sentences, clauses and phrases of this Ordinance are seYerable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared inrnlid or unconstitutional by any Court of competent jurisdiction such imalidity or unconstitutionality shall not affect any of the phrases, clauses, sentences, paragraphs or sections of this Ordinance.

This 8th day of September, 1998.

GE:\'E LIVELY, '.\fayor

.-\TTEST: '.\iL-\RY W. GR-\.~T. City Clerk FIRST RE.-\DI:\'G:
.-\ugust 3, 1998

FI:\'.-\L .-\DOPTIO:\' SECO:\'D RE.-\DI:\'G: September 8, 1998

PCBLISHER'S .-\FFIDA\1T

The Champion :\'ewspaper

PO Box 361 SOO

Phone: (--10--1) --179---1496

Decatur, GA 30036-1500

Fax: (--104) --179---1478

EDWARD E. C.-\RTER, .-\TTOR.'\'EY .-\T L\W 6437 PTREE I::-.iD. BL\'D. SCITE .-\ DOR-\\1LLE, GA 30360

STATE OF GEORGI.-\ COCNTY OF DEKALB

Personally appeared before me, the undersigned, a :\'otary Public within
and for said county and state, Carolyn J. Glenn, Publisher of The
Champion :\'ewspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal ach-ertisements for said county, who being duly sworn, states on oath that the report ofLOC.-\L LEGISL-\TIOl'\, A'.\'1E:\'D CITYCH.-\RTER a true copy of which is hereto attached, was published in said newspaper on the following date(s):

08/ 20/ 98, 08/ 27/ 98, 09/ 03/ 98
C.-\ROLY:\' J. GLE:\':\', PCBLISHER

Sworn to and subscribed before me this 09/ 03 / 98.

Dorcas Y Jernigan :\'otan- Public
'.\-ly commission expires July 31, 2001.

5030 LOCAL A.'\'D SPECIAL ACTS .-\..'\'D RESOLL'TIO!\S, \'OL. II
THE OFFICIAL LEGAL ORG.-\..'\' OF DEKALB COC:\TY
:\OTICE OF LOCAL LEGISL-\TIO~ August 10, 1998
Pursuant to Official Code of Georgia, annotated 36-35-3, et. seq., notice is hereby ghe11 1that Amendments to the Charter of the City of DoraYille increasing the annual salary of the \fayor of the City of DoraYille has been discussed and proposed by the City Council of the City of DoraYille. The purpose of Amendment 98-13 is to increase the salary of the Yla~or from S48,000.00 to S60,000.00 per year beginning January 1,2000. The purpose of Amendment 98-13A is to increase the salary of the MaYor Pro Tem and each other member of the City Council from S400.00 per 1~10nth to S600.00 per month beginning January 1, 2000. A copy of the proposed Amendments are on file in the office of the City Clerk of the City of DoraYille, 3i25 Park .-\xenue. Dora\"ille, Georgia, and in the office of the Clerk of the Superior Court of DeKalb Counn. Georgia for the purposes of examination and inspection by the public.
The first reading of Ordinance 98-13 and Ordinance 98-l 3A proYiding for such increases were read and approYed at the regular meeting of the Mayor and Council held on August 3, 1996. Final action on the proposed Charter .-\mendments is intended to be taken at the regularly scheduled meeting of the \layor and Council of the City of Dora,ille at the DoraYille City Hall, 3725 Park .-\xenue, DoraYille. Georgia on Tuesday, September 8, 1998, at 7:00 p.m.
Ed,rnrd E. Carter Attorne\' for the Cin of DoraYille
Filed in the Office of the Secretary of State September 11, 1998.
CITY OF DOR.-\\1LLE - \L-\YOR PRO TE\1; COC~CIL; CO\IPE:\SATIO:\.
ORDINANCE NO. 98-13 A
AN ORDINANCE ENACTED PURSUANT TO THE OFFICIAL CODE OF GEORGIA 36-35-3, et. seq. TO AMEND SECTION 2.07 OF THE CHARTER OF THE CITY OF DORAVILLE SO AS TO INCREASE THE SALARY OF THE MAYOR PRO TEM AND EACH MEMBER OF THE CITY COUNCIL TO $600.00 PER MONTH EFFECTIVE JANUARY 2000; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
BE IT ORD.-\1:\ED A:\D IS HEREBY ORD.-\1:\ED BY THE \-1.-\YOR .-\..'\'D COC:\ClL OF THE CITY OF DOR.-\\1LLE..-\ POLITIC.-\L SCBDl\1S1O:\ OF THE STATE OF GEORGL-\..-\S FOLLO\\'S:

GEORGL\ L\WS 1999 SESSIO;\'

5031

Section 1. Pursuant to the authority granted to the City under the Home Rule Act, Official Code of Georgia 36-35-3 et. seq., Section 2.0i of the Charter of the City of DoraYille is hereby amended by striking the phrase '"the Mayor Pro Tern and each other member of the City Council shall receiYe a salary of $400.00 per month" therefrom and substituting therefor the following: "the Mayor Pro Tern and each other member of the City Council shall receiYe shall receiYe a salary of $600.00 per 1J1onth beginning January 1, 2000", so as amended Section 2.0i of the Charter of the City of DoraYille shall read as follows:

"Section 2.07 Compensation and Expenses.

Be it further enacted that the Mayor Pro Tern and each other member of the City Council shall recehe a salary of $600.00 per month, beginning January 1, 2000. Each Councilman, when authorized by the Council and upon the presentation of itemized Youchers shall receiYe their actual and necessary expenses incurred in the performance of their duties of office."

Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 3. This Ordinance shall become effectiYe upon its passage by the Ma.rnr and Cit\." Council of the CitY. of DoraYille.
Section 4. It is hereby declared to be the intention of the Mayor and City Council of the City of Dora,ille that the actions, paragraphs, sentences, clauses and phrases of this Ordinance are seYerable and if any phrase. clause, sentence, paragraph or section of this Ordinance shall be declared imalid or unconstitutional by any Court of competent jurisdiction such inYalidity or unconstitutionality shall not affect any of the phrases, clauses. sentences, paragraphs or sections of this Ordinance.

This 8th day of September , 1998.

GEI'\E Ll\'ELY, ~layor

ATTEST:

\-L-\RY W. GR..\.'\T, City Clerk FIRST READI::--;G:
August 3, 1998

Fl:'\AL ADOPTIO:'\ SECO'.'liD READI:'\G: September 8, 1998

PCBLISHER'S ..\FFID..\\1T

The Champion '.\ie\\spaper

PO Box 361500

Phone: (404) 4i9-4496

Decatur, GA 30036-1500

Fax: (404) 4i9-44i8

EDWARD E. C-\RTER, ATTOR."'\'EY AT L.\W 643i P'TREE l;\'D. BL\'D.

5032 LOCAL ..\."\D SPECIAL ACTS ..\."\D RESOLCTIO~S. \'OL. II
SUTE .-\ DORA\1LLE, G.-\ 30360
STATE OF GEORGL-\ COC'.\T\' OF DEKALB
Personal!\- appeared before me, the undersigned, a '.',;otary Public within
and for said county and state, Carolyn J. Glenn, Publisher of The
Champion '.\ewspaper, published at Decatur, County of DeKalb. State of Geoq~ia. and being the official organ for the publication of legal adYertisements for said county, who being duly sworn, states on oath that the report of LOCAL LEGISL-\TIO'.',;, .-\'.\IE'.\D CITY CHARTER a true copy of which is hereto attached. was published in said newspaper on the following date(s):
08 / 20/ 98, 08/ 27/ 98, 09/ 03/ 98
CAROL\'\: J. GLE'.',;'.',;, PCBLISHER
Sworn to and subscribed before me this 09/ 03/ 98.
Dorcas \'. Jernigan '.\otan Public
\ly commission expires July 31. 2001.
THE OFFICIAL LEGAL ORG..\."\ OF DEKALD COC'.',;TY
NOTICE OF LOCAL LEGISLATION
August 10, 1996
Pursuant to Official Code of Georgia, annotated 36-35-3, et. seq .. notice is hereby giYen that .-\mendments to the Charter of the City of DoraYille increasing the annual salary of the \ layor of the City of Dormille has been discussed and proposed bY the City Council of the City of Dor,wille. The purpose of .-\mendment 98-13 is to increase the salary of the \layor from S--1-8,000.00 to S60,000.00 per year beginning January 1,2000. The purpose of Amendment 98-13A is to increase the salar\.' of the \hn.-or Pro Tem and each other member of the City Council from S--1-00.00 per month to S600.00 per month beginning January 1, 2000. A copy of the proposed .-\mendments are on file in the office of the Cit\' Clerk of the CitY of Dora,ille, 3725 Park .-henue. DoraYille. Georgia. anci in the office of the Clerk of the Superior Court of DeKalb County, Georgia for the purposes of examination and inspection by the public.
The first reading of Ordinance 98-13 and Ordinance 98-13A proYiding for such increases were read and approyed at the regular meeting of the \layor and Council held on August 3, 1998. Final action on the proposed Charter Amendments is intended to be taken at the regularly scheduled meeting of the \layor and Council of the City of DoraYille at the DoraYille

GEORGI.-\ L-\WS 1999 SESSIO~

5033

City Hall, 3i25 Park .-henue, Dora,ille, Georgia on Tuesday, September 8, 1998, at 7:00 pm.
Edward E. Carter Attorney for the CitY of DoraYille
Filed in the Office of the Secretary of State September ~ 1, 1998.

CITY OF \L\CO'.\" - \.L.\CO'.\" FIRE A.'.\D POLICE E\IPLOYEES RETIRE\IE'.\"T SYSTE\-1; COST OF Ll\1'.\"G .-.\DJCST\.IE'.\"TS.
CO\.IMITTEE .-.\.vIE'.\"D\-IE~T
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO AMEND ARTICLE IV OF APPENDIX III OF THE CITY OF MACON CHARTER, PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE MUNICIPAL HOME RULE ACT OF 1965 (OCGA SECTION 36-35-1, ET SEQ.) SO AS TO PROVIDE FOR A COST OF LMNG ADJUSTMENT IN THE MACON FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM; TO AMEND SECTION 7.2 OF ARTICLE VII OF APPENDIX II OF THE CITY OF MACON CHARTER, PURSUANT TO SAID AUTHORITY, SO AS TO PROVIDE FOR A NEW METHOD OF CALCULATING THE COST OF LIVING ADJUSTMENT IN THE MACON PENSIONS AND RETIREMENT SYSTEM; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES.
BE IT ORDAINED by the \.layor and Council of the City of \.lacon, Georgia and it is hereby so ordained by the authority of the same that Article I\' of Appendix III of the City of Macon Charter, relating to the benefits of the \facon Fire and Police Employees Retirement System, is hereby amended, pursuant to the authority granted the City of Macon under the \1unicipal Home Rule .-.\ct of 1965 (OCG.-.\ Section 36-35-l et seq .), so as to prmide for a cost of liYing adjustment by adding a new paragraph 6 to read as follm\"s:
(6) Cost of living adjustment.
All retired employees eligible to receiYe a monthly retirement payment shall receiYe a permanent increase of twenty-fi,e dollars (S25.00) with each monthly payment beginning January 1, 1998 and another permanent increase of twenty-foe dollars (S25.00) "ith each monthly payment beginning January 1, 1999, which increase shall be in addition to all other entitlements. Beginning January 1, 2000 and each January l thereafter, if the Cnited States Consumer Price Index for the preYious year increased three percent (3 %) or greater, the monthly payment shall be adjusted by multiplying the amount of the monthly pannent by 1.015. '.\"otwithstanding the aboYe, in no eYent shall a retired employees monthly payment be

503-4 LOC.-\L .-\XO SPECI.-\L .-\CTS .-\XD RESOLLTio:--.:s. \'OL. II
increased by more than fhe hundred dollars (S:'>00.00) in one calendar Year.
BE IT FURTHER ORDAINED b, the \larnr and Council of the CitY of \lacon. Georgia and it is hereby soordainecl by the authority of the s,ime that Section 7.-4 of Article\11 of Appendix II of the City of \facon Charter, relating to the benefits of the \[aeon Pensions and Retirement System, is hereby amended. pursuant to the authority granted the City of \facon under the \lunicipal Home Rule .-\ct of 1965 (OCGA Section 36-35-1 et seq.). so as to pro,ide a new method of calculating cost of lhing acljustments. by deleting Section 7.-4 in its entirety and substituting in lieu thereof a new Section 7.-4 to read as follows:
Sec. 7.4 Cost of living adjustment.
Beginning on the January l immediately following the effectiw date of the 1998 ordinance amending this section and each January l thereafter, if the l nited States Consumer Price Index for the preYious year increased three percent (3% ) or greater. the monthly payment shall be acljusted by multiplying the amount of the monthly payment by 1.015. Xotwithstanding the aboYe, in no eYent shall a retired employee's monthly payment be increased b, more than fiye hundred dollars (S500.00) in one calendar year, and iri no e,ent shall the monthly payment of an employee who retired prior to the effectiw date of the 1998 ordinance amending this section be less than the payment would h,n-e been had this section not been so amended.
.-\II Charter prodsions or ordinances or parts thereof in conflict with this proYision are hereby repealed.
SO ORDAINED this 1st day of September, 1998.
\leh-in Williams .-\cting President, City Council
SO ADOPTED this -4th day of September, 1998.
Jim \farshall \Ia,or
SO ORDAINED this 15th day of September, 1998.
Willie Hill President. City Council
SO ADOPTED this 17th day of September, 1998.
Jim \larshall \lan>r
CitY of \facon. Ga.
I do hereby certifr that the aboYe and foregoing Ordinance was duly passed at the Regular \leering of the Council of the City of \facon held 9-1-98. Witness my hand and seal of the City of \lacon this 9-2-98.

GEORGI.-\ L-\WS 1999 SESSIO:'\

5035

Joyce R. Gray Clerk of Council

SCB:\-IIITED TO '.\L-\YOR'S OFFICE September 2, 1998

RETL'R.,ED FRO:\-1 '.\L-\YOR'S OFFICE

September 10, 1998

I

2:45 P:\-IJRG

City of '.\lacon. Ga.

I do hereby certify that the abo\"e and foregoing Ordinance was duly passed at the Regular '.\-leeting of the Council of the City of :\l~con. held 9-15-98. Witness m., hand and seal of the Cit\." of :\lacon this 9-1 i-98.
Joyce R. Gray Clerk of Council

SCB:\IIITED TO '.\-L-\YOR'S OFFICE September 1i, 1998

RETCR.,ED FRO:\-1 '.\L-\YOR'S OFFICE September 18, 1998
5:28 .-\M JRG

ST.-\TE OF GEORGI.-\ COL'~TY OF BIBB

PERSO'.'\.-\LLY .-\PPE.-\RED BEFORE \IE. .-\ :'\OT.-\RY PCBLIC \\'ITHI:'\ .-\XD FOR .-\BO\'E ST.-\TE .-\XD COL':'\TY, :\IESCH.-\EL FIELDS, \,\'HO DEPOSES .-\.,D S.-\\'S SHE IS THE CL\SSIFIED/ LEG.-\L SCPER\1SOR FOR THE :\l.-\CO:'\ TELEGR.-\PH .-\.:,DIS DCLY .-\LTHORIZED BY THE Pl'BLISHER THEREOF TO '.\L-\KE THIS .-\FFID.-\\1T..-\.,D TH.-\T .-\D\'ERTISE:\IE:'\T .-\S PER .-\IT.-\CHED CLIPPI:'\G H.-\S BEE:'\ Pl'BLISHED I:'\ THE :\l-\CO:'\ TELEGR.-\PH O:'\ THE FOLLO\\l:'\G D.-\TES:

August 29. 1998

September 5, 1998

September 12, 1998

Signed :\-leschael Fields

SWOR.1': TO .-\.,D Sl'BSCRIBED BEFORE \.IE

THIS

D.-\YOF

Man- R. Woodford '.'iOT.-\RY Pl'BLIC, BIBB COL''.'\TI', GEORGI.-\ ~ly Commission Expires June 2, 2001

PUBLIC NOTICE

In accordance with the Municipal Home Rule .-\ct, O .C.G..-\. Sec. 36-35-1 , et seq., the City of Macon proposes to amend Article I\' of Appendix III of

5036 LOCAL A..'-:D SPECIAL ACTS ...\..~D RESOLCTIOl':S, \'OL. II
its Charter to proYide for cost of lh-ing adjustments in the :\-!aeon Fire and Police Emplo~ees Retirement System and to amend Section 7.4 of Article \11 of Appendix II of its Charter to reYise the method of calculating cost of liYing adjustments in the '.\-lacon Pensions and Retirement System. The proposed amendments are aYailable for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk.
'.\-lartha Clifton Assistant CitY. Attorney. CitY of :\-!aeon
Filed in the Office of the Secretary of State October 5, 1998.
CITY OF JESCP - CEMETERY LOTS; cor-..,'EY...\..'\JCE.
A..'\/ ORDIX..\..'\/CE TO A'.\,IE:--.:D THE CHARTER OF THE CITY OFJESCP, APPRO\'ED DECEMBER 16, 1937, (GEORGIA L\WS, 1937-38, EX. SESS., PP. 1142Cl203), AS AME:--.iDED, SO AS TO PRO\1DE FOR THE cor-..,'EYA..'-:CE OF CEMETERY LOTS; ,..\..'\/D FOR OTHER PCRPOSES.
BE IT ORDXI:--/ED BY THE BOARD OF COM\1ISSIONERS FOR THE CITY OF JESCP, that pursuant to the \fonicipal Home Rule Act of 1965 (Georgia Laws 1965, pp. 298-299), as amended, an Act incorporating and creating a new Charter for the City of Jesup in Wayne County, Georgia, approYed December 16, 1937, (Georgia Laws, 1937C38, ex.sess., pp. 1142-1203), as amended, is further amended as follows:
Section 1: Section 96, Paragraphs (3) (a) and (b) are hereby amended by deleting the same in their entirity and inserting in lieu thereof the following:
Sec. 96. Cemetery Commission.
(3) (a) All cemetery lots shall be sold only to residents of the City of Jesup or persons owning real property in the City.
(b) All such residents of the City of Jesup or real property owners shall haYe equal opportunity to purchase any of such cemetery lots.
Section 2: All ordinances, laws, or parts of ordinances or laws in conflict herewith are hereby repealed.
Section 3: This ordinance shall become effectiYe upon its adoption at two (2) consecutiYe meetings of the Board of Commissioners on September 15, 1998, and October 6, 1998.
SO ORDAINED, this 6th day of October, 1998.
Herb Shaw MAYOR

GEORGI...\ L-\WS 1999 SESSIO'.'\

James T. Cockfield CO\l\lISSIO'.'\ER Raymond House, II CO\l\HSSIO'.'\ER \forris \leh-in CO\l\HSSIO'.'\ER Gerald DeWitt CO\l\HSSIO'.'\ER James E. Johnson CO\l\HSSIO'.'\ER Rich ...\. Reddish CO\l\HSSIO'.'\ER

ATTEST: Onda C. Woodard CitY Clerk

CERTIFICATION

This is to certify that the attached is a true and correct copy of an Ordinance to amend the Charter of the City of Jesup to proYide for the c01weyance of cemetery lots; and for other purposes, dated October 6, 1998.

So certified this October 7, 1998.
Onda C. Woodward CitY Clerk

CountY. of -Wa-Yn-e

...\FFID...\\1T OF PCBLIC...\TIO'.'\

Before the undersigned, a '.'\otary Public of said County and State, duly

commissioned, qualified, and authorized by law to administer oaths,

personally appeared Julie C. Roberson who, being first duly sworn, deposes

and says: that he (she) is



Legal Clerk

(Owner, partner, publisher, or other office or employee

authorized to make this affida,it)

of The Press-Sentinel a newspaper published, issued, and entered as

second class mail in the City ofJesup in said County and State; that he (she)

is authorized to make this affidaYit and sworn statement; that the notice or

other legal adYertisement, a true copy of which is attached hereto, was

published in The Press-Sentinel on the following dates: ...\ugust 26,

September 2 and 9, l 998and that the said newspaper in which such notice,

paper, document, or legal adYertisement was published, was at the time of

each and eYery such publication, a newspaper of General Circulation in

Jesup, Wan1e CountY, Georgia

This 15th day of September , 1998.

5038 LOCAL A.'-iD SPECIAL ACTS .-\.'-iD RESOLL'TIONS, \'OL. II

Julie C. Roberson (Signature of person mailing affidaYit)

Sworn to and subscribed before me, this 15th day of September, 1998.

LYnn S. Rice

,I ,

~otan- Public

My Commission expires October 18, 1999.

NOTICE

::-.iotice is hereby giYen that there will be introduced at the regular meeting of the Board of Commissioners of the City ofJesup on September 15, 1998, and October 6, 1998, an Ordinance to Amend the Charter of the City of Jesup so as to proYide for the conyeyance of cemetery lots. A copy of the proposed Amendment to the Charter is on file in the Office of the Clerk of the City ofJesup in City Hall, Jesup, Georgia, and in the Office of the Clerk of Superior Court, Wayne County, Georgia, for the purpose of examination and inspection by the public.

This 21st day of August, 1998. Onda C. Woodard City Clerk

August 26, September 2 and 9, 1998, No. 531.

Filed in the Office of the Secretary of State October 13, 1998.

CITY OF CH,\.\'1BLEE - COCNCIL; QCORCYI.
PROPOSED ORDI:--.iA."ICE NO. 463
.-\,". I ORDI::-.1.-\.'.-iCE TO .-\.\1E:--.iD THE CHARTER OF THE CITY OF CHAMBLEE, GEORGIA, ARTICLE 3, SECTION 3 "'MAYOR'S \'OTE;
QCORL'Yl; \'OTE REQL'IRED TO DECIDE QL'ESTION," TO PRO\1DE THAT THE YLWOR, OR THE YLWOR PRO TEM, .-\.'-iD THREE COCNCILMEYIBERS SHALL CONSTITL'TE A QCORL'M A."ID
FOR ALL OTHER L\\.\'Fl'L PCRPOSES
BE IT ORDAINED ,-\.'-iD IT IS HEREBY ORDAINED BY THE l\M.YOR AND CITY COL'NCIL OF THE CITY OF CHAMBLEE, GEORGL\. THAT THE PRO\1SIONS OF ARTICLE 3, SECTION 3 OF THE CHARTER OF THE CITY OF CHAMBLEE SHALL BE A..\1ENDED BY DELETING SAID ARTICLE A..'-JD SECTION IN ITS ENTIRETY A.."ID Sl1BSTITL'TING IN LIEL' THEREOF A NEW ARTICLE 3, SECTION 3 WHICH SHALL READ AS FOLLOWS:

GEORGIA L\WS 1999 SESSIOr--:

5039

PART I.

Section 3. Mayor's vote; quorum; vote required to decide question.

The mayor shall not haYe a Yote except in case of a tie. The mayor, or the mayor pro tern., and three (3) councilmembers shall constitute a quorum for the transaction of business. The majority of \'Otes shall decide any question pending before them. v\11en the mayor or the mayor pro tem. are both present at a meeting, the mayor pro tern. shall Yote as any other member of council. v\11en the mayor is not present, the mayor pro tern. shall not \'Ote except in case of a tie.

PART II

It is hereb\.' declared to be the intention of the '.'vfa.Yor and Cit\.' Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are seYerable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional bY the Yalid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance.

The foregoing was proposed by Councilmember Bradford with a motion that the same be adopted. Said motion was seconded by Councilmember Coleman . Same was then put to a Yote and four Councilmembers \'Oted in fayor of the Ordinance and Q Councilniembers \'Oted against the Ordinance. Said motion was thereupon declared passed and duly adopted this 20th day October , 1998.
Beck CraYen, C'.'vlC City Clerk, City of Chamblee, Georgia

Apprmed this 20th day of October , 1998.

The Honorable '.'vtary C. Goldenburg Mayor, City of Chamblee, Georgia

ApproYed as to form

Joe Fowler
Cit\. Attorney.
First reading: September 15, 1998

Second reading: October 20, 1998

PL'BLISHERS A.FFIDA\1T

The Champion ~ewspaper

PO Box 361500

Phone: (404) 479-4496

Decatur, GA 30036-1500

Fax: (404) 479-4478

CITY OF CHAMBLEE 5468 PEACHTREE RD

5040 LOCAL A:'l:D SPECIAL ACTS AXD RESOLL'TIO:\:S, \'OL. II
CH.-\..\IBLEE, GA 303-! 1 C/ O BECKYCR.\\'E:'1:
STATE OF GEORGIA COC:\TY OF DEKALB
Personally appe~~ed before me, the undersigned, a :\otary Public within
and for said county and state, Carolyn J. Glenn, Publisher of The
Champion :'l:ewspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PCBLIC :\OTICES, CITI' CHARTER: ARTICLE 3 a true copy of which is hereto attached, was published in said newspaper on the following date(s):
09/ 24/ 98, 10/ 01 / 98, 10/ 08/ 98.
CAROL\.':\' J. GLE:\:\, PCBLISHER
Sworn to and subscribed before me this 10/ 09/ 98.
Dorcas \'. Jernigan :'l:otan- Public
My commission expires July 31, 2001.
THE OFFICIAL LEGAL ORGX\' OF DEKALB COC!\'TI'
NOTICE OF PROPOSED AMENDMENT TO CHARTER OF
THE CITY OF CHAMBLEE, GEORGIA
:'.\:otice is hereby ginn that an Ordinance has been proposed to amend the Charter of the City of Chamblee, Georgia so as to amend ..\.rticle 3 of the Charter and related la\\s of the Citv so as to reduce the number of Council members required to constitute ~ quorum for transacting business of the Citv.
A copy of the proposed Ordinance to amend the Charter is on file in the office of the Citv Clerk of the City of Chamblee, Georgia and the office of the Clerk of Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public.
This 16th day of September, 1998. Bech Craven, CMC Citv Clerk Ci~ of Chamblee, Georgia
Filed in the Office of the Secretary of State October 27, 1998.
CITI' OF GR.\Y- SH\'ER.\GE, DR-\I!\'AGE, .-\..~D WATERWORKS.
.-\..'\ ORDI:\.-\..~CE OF THE CllY OF GR.\Y, GEORGIA AMENDING SECTIO:'I: 16 OF THE CHARTER OF THE CITI'OF GRAYAS SET FORTH

GEORGI.-\ LAWS 1999 SESSIO'.'\

5041

I:'\ ..\..~ ACT OF THE GE'.'\ER-\L .-\SSPvIBLY OF GEORGI.-\., .-\PPRO\'ED ACGCST 22, 1911 (GA L\WS 1911, P. 1267, ET. SEQ.) AS .-\.\ff:--;DED, P...\RTICCL.\RLYBYA.'.-l ACT .-\PPRO\'ED FEBRL..\R\'20, 1945 (GA L\WS 1945, P. 693, ET. SEQ.), AS ..\\!IE:--;DED, PCRSL\.~. T TO .-\CTHORITY GR.\..'-ITED THE CITY OF GR.\YC:\"DER THE \,IC'.'\ICIP.-\L HOME RCLE ACT OF 1965 (1965 GA. L.\\\'S, P. 298, ET. SEQ.) SO AS TO PRO\1DE FOR.-\ SYSTE\1 OF SEWER.\GE, DR.\l'.'\AGE ..\..~D WATERWORKS 1:--;SIDE OR OCTSIDE OF THE CITYLIMITS; TO PRO\1DL.\..~ EFFECTI\'E DATE; ,.\..'-ID FOR OTHER PCRPOSES.

BE IT ORDAINED by the \,layor and Council of the City of Gray, Georgia and it is hereby so ordained by the authority of same, pursuant to the
s authority granted the City of Gray under the '.'vlunicipal Home Rule Act of
1965 (1965 Ga. Laws, p. 298, et. seq., as amended, O.C.G...\. 36-35-3, et. seq.) as follows:

Section 16 is hereby amended to prmide for a system of sewerage, drainage and waterworks, inside or outside of the city limits by deleting said Section in its entirety and substituting in lieu thereof a new Section 16 to read as follows:

"Section 16. Be it further enacted by the authority aforesaid, that the

said mayor and councilmen of the Town of Gray shall haYe power and

authority oYer all streets, alleys, sidewalks, parks and cemeteries; to

remoYe all obstructions and nuisances therefrom; to regulate and

control all public houses, markets, butcher pens, hog pens, liYery

stables, blacksmith shops, ginneries, mills, and machinery propelled

by steam, gasoline or electric power, and to remo\'e the same should

they become dangerous to the persons or property or injurious to

public health. To establish fire limits and regulations to guard against

fires, to mo\'e or cause to be remoYed all buildings or parts of buildings

or other obstructions that ma\' be classified b\' the ma\'or and council

,

,

,

as a nuisance or a fire hazard, and to organize and maintain a fire

department; to establish a system of sewerage, drainage and water-

works, inside or outside the city limits; to maintain street light; to

establish and maintain an electric light plant and system; to establish

and maintain other appliances and other improYements that may

conduce to the health and comfort of the citizens of the town; to fill

exca\'ations, construct ditches, drain ponds and marshes; and to

exercise police authority mer all parts of the town as will conduce to

the health, peace and comfort, good order and the conYenience of the

citizens, and to pass all such ordinances as they may deem necessary

therefor. ProYided, howe\'er, the county authorities of said county of

Jones shall continue to work, maintain in repair all public roads and

highways in said town for a uniform width of thirty feet as if this Act

had not been passed, until the council of said town shall take oYer and

assume to discharge the care and maintenance of said roads and

highways."

5042 LOC.-\L .-\.,D SPECIAL .-\CTS .-\.,D RESOLCTIO!'\S, \'OL. II

This Ordinance shall be effecti\'e upon filing with the Secretary of State.

.-\II charter pro,isions or ordinances or parts of ordinances of the City of Gray in conflict herewith are hereby repealed.

Adopted by the '.\fayor and Council of the City of Gray this 5th day of

Oct., 1998.

'.\U.YOR: Jason E. Briley

Charlie H. Ridle\'

Councilman

.-\TTEST: Loretta Lipsey

William C. :\1atthews, Sr.

Cit\' Clerk

Councilman

Benny Gray, Jr.

Councilman

C.D. Turk

Councilman

'.\'l. Joseph Wood, Jr.

Councilman

Adopted by the '.\layor and Council of the City of Gray this 2nd day of

'.'\o\'ember , 1998.

'.\,U.YOR: Jason E. Briley

:VI. Joseph Wood, Jr.

Councilman

.-\TTEST: Loretta Lipsey

C.D. Turk

Cit" Clerk

Councilman

Benny Gray, Jr.

Councilman

William C. :Vlatthews, Sr.

Councilman

Charlie H. Ridley

Councilman

This is to certifr that this is a true

and correct copy of the ordinance of the

City of Gray, Ga. amending section 16 of

the charter of the City of Gray passed on the

5th da\' of October 1998 and the 2nd Da\'

of '.'\m:ember 1998.



Loretta Lipsey, Clerk

Affidavit of Publication

I, Tasi M.oore, managing editor of The Jones Conn~ ;\;ews, do certif\ that publication of Public !'\otice of Charter Amendment, Ci~ of Gray Section 16 was published in said newspaper, the official organ of Jones Conn~. Georgia on these dates: October 1, 8, & 15, 1998.

Tasi Moore :\1anaging Editor

Sworn to and subscribed to me this 15th day of October, 1998

GEORGIA L-\WS 1999 SESSIO'.'\

5043

Deborah L. Smith ;'l;otan Public My Commission Expires May 7, 2001
PUBLIC NOTICE
In accordance with the procedure set forth in the :Vlunicipal Home Rule Act, O.C.G.A. ~ 38-35-1, et seq., the City of Gray proposes to amend Section 16 of the Charter of the City of Gray so as to prmide for a system of sewerage, drainage and waterworks, inside or outside of the city limits. Copies of the proposed amendment are on file in the Office of the Clerk of the City of Gray and in the Office of the Jones County Superior Court Clerk.
Joan W. Harris City Attorney, City of Gray
Filed in the Office of the Secretary of State :\'member 13, 1998.

CITI' OF CHA'.\IBLEE - :VL-\YOR .-\.'\D COC~CIL; OATH.
PROPOSED ORDI:'\A.'\;CE :-.10 464
.-\..:.'\ ORDI:\'.-\..'\CE TO .-\..\1E'.'\D THE CHARTER OF THE c1n OF
CHA.\IBLEE, GEORGI.\, ARTICLE 3, SECTIO'.'\ 6 "OATH OF :VUYOR .-\.'\D COC:\'CIL'.\1E'.\IBERS," TO PRO\1DE FOR A !\EW OATH .-\.'\D
FOR ALL OTHER L-\WFCL PCRPOSES
BE IT ORDAI:\'ED .-\..'\D IT IS HEREBY ORDAl:\'ED BY THE :VUYOR .-\..'\D CITI' COL';'l;CIL OF THE CITY OF CHA:-.1BLEE, GEORGL\ THAT PRO\1SIO:\'S OF ARTICLE 3, SECTIO:'\ 6 OF THE CHARTER OF THE CITY OF CHA'.\'1BLEE, GEORGIA SHALL BE A'.\IE:\'DED BY DELETI:'\G SAID ARTICLE .-\..'\D SECTIO:\' I:!': ITS E:\'TIRETI' A.'\D SL'BSTITCTI'.'\G I:\' LIEC THEREOF A :\'EW ARTICLE 3, SECTIO:\' 6 WHICH SHALL READ AS FOLLOWS:
PART I
Section 6. Oath of Mayor and Councilmembers.
Before entering upon their duties, the mayor and each member of council shall take and subscribe to the following oath:
"I do swear that I will well and truly demean myself as mayor or councilmember, as the case may be, of the City of Chamblee, during my term of office, and that I am not the holder of any unaccounted for public money due the State of Georgia or any political subdhision or authority thereof, that I am not the holder of am office of trust under the goYernment of the Cnited States, any other st~te, or any foreign state which I may, by the laws of the State of Georgia, be prohibited from holding; that

5044 LOCAL ,-\...'\iD SPECIAL ACTS A..'-m RESOLCTIOl\;S, \'OL. II

I am otherwise qualified to hold the office to which I haYe been elected according to the constitution and laws of Georgia; that I will support the constitution of the Cnited States and of the State of Georgia; that I am a resident of the district from which I was elected; and that I will faithfully enforce the Charter and ordinances of the Cit\' of Chamblee to the best of my skill and ability, without fear or farnr.

PART II.

It is hereb\.' declared to be the intention of the MaY. or and CitY. Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are seYerable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional b\' the Yalid judgment or decree of any court of competence jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance.

The foregoing was proposed by Councilmember Bradford with a motion that the same be adopted. Said motion was seconded by Councilmember Copeland . Same was then put to a Yote and three Councilmembers rnted in fayer of the Ordinance and -0- Councilmembers \'Oted against the Ordinance. Said motion was thereupon declared passed and duly adopted this 17th day ).ioyember, 1998.

Bech CraYen, CMC City Clerk, City of Chamblee, Georgia

ApproYed this 17th day of '.\'oyember, 1998.

The Honorable Mary W. Goldenburg \fayer, City of Chamblee, Georgia

Apprmed as to form

Joe Fowler
CitY. Attorney.
First reading: October 20, 1998

Second reading: Nmember 17, 1998

PCBLISHER'S AFFIDA\'IT

The Champion Newspaper PO Box 361500 Decatur, GA 30036-1500

Phone: (404) 479-4496 Fax: (404) 479-4478

CITY OF CHA..\1BLEE 5468 PEACHTREE RD CHAMBLEE, GA 30341 C/ O BECKY CRAVE;-.;

STATE OF GEORGIA COCNTY OF DEKALB

GEORGL-\ L-\WS 1999 SESSIO:'.\'

5045

Personally appeared before me, the undersigned, a Notary Public within
and for said county and state, Carolyn J. Glenn, Publisher of The
Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal adYertisements for said county, who being duly sworn, states on oath that the report of PCBLIC :\'OTICES, Charter City of Chamblee a true copy of which is hereto attached, was published in said newspaper on the following date(s):
10/ 29/ 98, 11 / 05/ 98, 11/12/ 98
CAROL\':'\ J. GLE:\':\', PCBLISHER
Sworn and subscribed before me this 11 / 12/ 98.
Dorcas Y Jernigan :\'otarY Public
My commission expires July 31, 2001.
THE OFFICIAL LEG.-\L ORGA:, OF DEKALB COCI\'TI'
NOTICE OF PROPOSED AMENDMENT TO CHARTER OF THE CITY OF CHAMBLEE, GEORGIA
'.'iotice is giYen that an Ordinance has been proposed to amend the Charter of the City of Chamblee Georgia (Ga. L. 1935 p.9i6 et. seq., approYed March 28, 1935) so as to amend Article 3, Section 6 of the Charter and related laws of the City so as to proYide for a new oath to be taken by elected officials and for all other la\\ful purposes.
A copy of the proposed Ordinance to amend the Charter is on file in the office of the City Clerk of the City of Chamblee, Georgia and the office of the Clerk of Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public.
This 21st day of October, 1998.
Rebecca M. CraYen, CMC CitY Clerk City of Chamblee, Georgia
Filed in the Office of the Secretary of State December 1, 1998.

5046 LOCAL Al'\ID SPECIAL ACTS A..~D RESOLCTIONS, VOL. II
CITY OF SYLV.-\.,."1\/L-\ - ML1NICIPAL COCRT; PROBATED SENTE::--iCES.
ORDIX-\.'\JCE #361
A.'\! ORDINANCE TO A.\1E::--iD SECTION 9.101 OF THE SYLVA.~L-\ CITY CHARTER PURSL;A.'\IT TO THE MC::--iICIP.-\L HOME
RCLE ACT OF 1965, 0. C. G. A 36-35-1 ET SEQ., TO PROVIDE FOR PROBATED SE'.\JTE'.\JCES IN MCNICIPAL COCRT.
SECTION I:
Be it Ordained by the Mayor and Council of the City of Syh-ania, and it is hereby ordained by authority of the same, that Sylvania Charter Section 9.101 be, and the same is hereby amended by deleting the following sentence:
Said Municipal Court Judge shall have full power and authority, upon comiction, to sentence any offender to labor upon the streets or other public works in said City for a period not exceeding six (6) months, or to impose a fine not exceeding $500.00, or to sentence said offender to be confined and imprisoned in the City prison, or other place of confinement in said City for a period not exceeding six (6) months, either one or more of said penalties may be imposed, in the discretion of said recorder.
And replacing said sentence as follows:
Said Municipal Court Judge shall have the full power and authority, upon conviction, to sentence any offender to labor upon the streets or other public works in said City for a period not exceeding six (6) months, or to impose a fine not exceeding $500.00, or to sentence said offender to be confined and imprisoned in the City prison, or other place of confinement in said City for a period not exceeding six (6) months, and to probate all or any portion of any sentence upon such terms and conditions as may be imposed; either one or more of the forego ing penalties may be imposed, in the discretion of said Municipal Court Judge.
SECTION II: REPEALER
All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION III:
In the event any Court of competent jurisdiction determines that any portion of this ordinance is unconstitutional or unla,\ful, such unconstitutional or unlawful portion shall be deleted, and the remaining ordinance shall continue of full force and effect.

GEORGI.-\ L-\WS 1999 SESSIO:--;

5047

SECTIO~ I\':
This ordinance is adopted at t\\'O (2) consecutiYe council meetings held not less than seyen nor more than sixty (60) days apart, and after adYertising a synopsis of said ordinance in the Syh-ania Telephone '.\;ewspaper once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, which notice states that a copy of this ordinance is on file in the Office of the Cin. Clerk of S.dYania and in the Office of the Superior Court of Scre\'en County, Georgia for purpose of examination and inspection by the public, all in accordance with 0. C. G. A. 36-35-3.
A copy of this ordinance, together with the required notice of publication, and an affidaYit from a duly authorized representatiYe from the Syhania Telephone '.\;ewspaper shall be filed with the Secretary of State and in the Office of the Clerk of the Superior Court of ScreYen County, Georgia, in accordance with 0. C. G. .-\. 36-35-5.
This 3rd day of :--;oYember, 1998.
By: \fargaret D. \'ans (SEAL) \fayor
ATTEST:
Man Frances Collins (Seal) Clerk
GEORGIA, SCREE:',; COC~TY
Personally appeared before me, the undersigned officer duly authorized by law to administer oaths, came, \L\.RY FR.-\}-JCIS COLLI:',;S, City Clerk, who after first being duly sworn, deposes on oath and says:
-1-
.-\ffiant is the duly authorized and appointed City Clerk of Syh-ania, Georgia, and in said capacity, is the custodian of records for said City.
-2-
The notice attached hereto as Exhibit ".-\" was adYertised in the Syhania Telephone '.\;ewspaper, the legal organ of ScreYen County, Georgia, on September IO, 1998, September 17, 1998, and September 24, 1998.
-3-
The meeting that was to be held on October 19, 1998 was cancelled. The Ordinance was adopted at t\\'O consecutiYe council meetings, the first being October 6, 1998, and the second being on NoYember 3, 1998, after an additional Notice of Intent to Pass Cin Ordinance was ad,ertised in the Syhania Telephone '.\;ewspaper on October 29, 1998, a copy of which 1s attached hereto as Exhibit "B" and is made a part hereof.

:1048 LOCAL .-\XD SPECIAL ACTS .-\..'\'D RESOLL'TIO!\'S, \'OL. II
The purpose of this affida,it is to demonstrate that said Ordinance was adopted at two consecutiYe council meetings after proper adYertisement, all in accordance with 0. C. G. ..\.. 3&-35-3.
This affidaYit is giYen upon personal knowledge of affiant and for all purposes allowed by law.
This 30th day of '.'\owmber, 1998.
Man Francis Collins CitY Clerk
Sworn to and subscribed before the undersigned:
Gina W. Jordan '.'\otary Public, ScreYen County, Georgia ~1y Commission Expires Sept. 16, 2000
'.',;OTICE OF l!\'TE!\'TIO'.'\ TO .-\..vlEXD THE CHARTER OF THE CITY OF SYL\'A."'L.\., GEORGIA
There shall be considered for adoption at two (2) consecutiw meetings of the S,frania CitY Council an Ordinance To .-\mend Section 9.101 of the Syh-ania City Charter pursuant to the Municipal Home Rule .-\ct of 1965, 0 . C. G. A.~ 3&-35-1 et seq., to proYide for probated sentences in Municipal Court.
The meetings at which said Ordinance shall be considered for adoption shall be held on the 6th day of October, 1998 and on the 19th day of October, 1998 at City Hall in Sylrnnia, Georgia beginning at Qo'clock P. M .
.-\ copy of the proposed Ordinance is on file in the Office of the Clerk of the City of Syh-ania and in the Office of the Clerk of the Superior Court of ScreYen County, Georgia for purpose of examination and inspection by the public.
/ s/Mary Francis Collins (SEAL) CitY Clerk
3 Weeks City of SylYania, Georgia
Exhibit ".-\"
NOTICE OF INTENT TO PASS CITI' ORDIN.-\.."CE
In accordance with the Charter of the CitY of S,h-ania, notice is hereby giYen that the Mayor and Council will, at 6:00 P.M. on :\'o\". 3, 1998 . consider for passage the following 2'.'\D ..\.DOPTIOl'\ OF AX ORDI!\'.-\.."'\ICE:

GEORGI.-\ L\WS 1999 SESSION

5049

A.~ ORDl'.',;,-\.."\;CE TO ,-\..\,lE'.',;D SECTION 9.101 OF THE SYLV,-\..'-JIA CITY CHARTER PCRSC.-\..~T TO THE YICNICIPAL HOME RCLE ACT OF 1965, O .C.G..-\. 36-35-1 ET SEQ., TO PRO\1DE FOR PROBATED SE:'\'TE:-,;CES IN YlC:'\'ICIP.-\L COCRT.

Any interested persons are i1wited to inspect said Ordinance where posted in its entiretY.

This 26th day of OCTOBER, 1998.

Exhibit "B"

GEORGIA, SCRE\'E:'\' COL'NTY

Personally appeared before me, the undersigned officer, duly authorized by law to administer oaths, came, LISA YI. TAYLOR, Legal Department, who, after first being duly sworn, deposes on oath as follows:

-1-

Affiant is a duly authorized representatiYe of the Sylyania Telephone :'\'ewspaper, and is authorized to giYe this affidaYit.

-2-

The notice which is attached hereto as Exhibit "A" was published in the Syh-ania Telephone '.\;ewspaper on September 10, 1998, September 17, 1998, and September 24, 1998.

-3-

The notice which is attached hereto as Exhibit "B" was published in the Syh-ania Telephone :'\'ewspaper on October 29, 1998.

-4-

This affidaYit is gi\en upon personal knowledge of Affiant, and for all purposes allowed by law.

This 18th day of NoYember, 1998.

Sworn to and subscribed before the undersigned:

Lisa M. Taylor - Legal Dept. Rep. From Syh-ania Telephone

Ka\' S. Strickland Notary Public (Seal) My Commission Expires: 2-17-01
NOTICE OF INTE:--.ITION TO ,-\..\fE;II/D THE CHARTER OF THE CITY OF SYLVAi'J'IA, GEORGIA

There shall be considered for adoption at two (2) consecutiYe meetings of the Syh-ania City Council an Ordinance To Amend Section 9.101 of the

5050 LOC.-\L .-\.'\'D SPECIAL .-\CTS .-\.,D RESOLL"TIO'.\:S, \'OL. II
Sylvania City Charter pursuant to the \hmicipal Home Rule .-\ct of 1965, 0. C. G. .-\. 36-35-1 et seq.. to pro,ide for probated sentences in \<hmicipal Court.
The meetings at which said Ordinance shall be considered for adoption shall be held on the 6th day of October. 1998 and on the 19th daY of
October, 1998 at City Hall in SylYania. Georgia beginning at!! oclock P. \ I.
.-\ copy of the proposed Ordinance is on file in the Office of the Clerk of the City of S~kania and in the Office of the Clerk of the Superior Court of ScreYen County. Georgia for purpose of examination and inspection by the public.
/ s/ '.\lary Francis Collins (SE.-\L) CitY Clerk
3 Weeks City of Syh,mia, Georgia
Exhibit _\..
'.\:OTICE OF I!'\TE!'\T TO P.-\SS CITI' ORDI'.'\.-\.'\'CE
In accordance with the Charter of the City of Syhania, notice is hereby giYen that the \layor and Council will, at 6:00 P.\ I. on '.'-:oY. 3, 1998, consider for passage the following 2'.\:D .-\DOPTIO'.\: OF.-\., ORDI!'\.-\.'\'CE:
.-\., ORDI!'\.-\.'\'CE TO .-\.\IE'.'-:D SECTIO'.\: 9.101 OF THE SYL\'.-\.'\'1.-\ CITI' CHARTER PL"RSL".-\.'\'T TO THE '.\-ll"'.\:ICIP.-\L HO'.\IE Rl"LE .-\CT OF 1965, O.C.G..-\. 36-35-1 F.T SEQ.. TO PRO\1DE FOR PROBATED SE!'\TENCES I!\ \<IL"'.\:ICIP.-\L COL"RT.
.-\ny interested persons are inYited to inspect said Ordinance where posted in its entiretY.
This 26th day of OCTOBER. 1998.
Exhibit ..B..
Filed in the Office of the Secretary of State December 4. 1998.
CITY OF ROCHELLE - '.\-L-\YOR; '.\-IAYOR PRO TE'.\I; coc.:,..;cIL; COMPENSATIO!'\.
GEORGL-\, WILCOX COL"!'\TY

GEORGI.-\ L-\WS 1999 SESSIO~

5051

ORDINANCE NUMBER 20-98
AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF ROCHELLE, GEORGIA, BY AMENDING THE LAST SENTENCE OF SECTION 7 THEREOF TO PROVIDE FOR THE COMPENSATION OF THE
MAYOR, THE MAYOR PRO TEM, AND MEMBERS OF COUNCIL COMMENCING [ANUARY I, 1999, AND THEREAFl'ER, TO PROVIDE
FOR THE REPEAL OF ANY CHARTER PROVISIONS IN CONFUCT HEREWITH, TO PROVIDE FOR THE SEVERABIUTY OF THIS ORDINANCE, AND FOR OTHER PURPOSES
WHEREAS, it is necessary and desirable to amend the Charter of the City of Rochelle, Georgia, as hereinafter set forth:
NOW, THEREFORE, the yfayor and Council of the City of Rochelle, Georgia, do hereby enact this ordinance to amend the Charter laws of the City of Rochelle, Georgia, Georgia Laws 1962, House Bill ~umber 1033, as amended, as follows, to-wit:
SECTIO~ I: The last sentence of Section \11 of the Charter of the Cit..of Rochelle, Georgia, as amended, is hereby deleted and a new sentence is added in lieu thereof which shall prmide as follows:
"Effecti..-e January 1, 1999, and thereafter, the compensation to be paid to the yfayor of the City of Rochelle, Georgia, shall be S150.00 per month, the compensation of the ~fayor Pro Tem shall be S i5.00: and the compensation of members of council, other than the Ylayor Pro Tern, shall be S 50.00 per month."
SECTIO~ II: The prmisions of this ordinance shall be effecthe upon the appro..-al of the Ylayor after its second adoption.
SECTIO~ III: If any section of this ordinance or the application thereof to any person or circumstances is held inrnlid, the ,alidity of the remainder of this ordinance, and the application of such prmisions to other persons and circumstances shall not be affected thereb..-.
SECTIO~ I\': .-\.ny and all pnl\'isions of the Charter of the City of Rochelle, Georgia, as amended, in conflict herewith, are hereby repealed.
Date of First Adoption 11-04-1998 Passed by the following rnte:
Yes: -t
~o: 0
Date of Second ..\doption: 12-02-1998 Passed by the following rnte: \es: 5 ~o: 0
..\ppro..-ed, this 2nd day of December, 1998.

5052 LOCAL A."'\D SPECIAL ACTS ..\."'\D RESOLCTIO:!'\S, \'OL. II
Ralph Sutton .\iLWOR, CITY OF ROCHELLE
ATTEST Jeanne Greene CLERK
[CITI' SEAL]
State of Georgia County of Crisp
Comes now Daryl Henning, Publisher of the Cordele Dispatch, swears that the attached copy of the Legal AdYertisement was adYertised in this publication for CitY of Rochelle on the following dates: :!'\oY. 8, 15, 22, 1998 Reference: Proposed amendment to the Charter of the CitY of Rochelle.
Publisher Dan-I Henning
Said publication is the legal Organ for Crisp County. The aboYe and foregoing affidaYit is made upon the personal knowledge of the undersigned.
Sworn to subscribed before me this 24th day of :'.\oY., 1998.
CathY Womack :'.\otary Public, Crisp County, Georgia My commission Expires April 28, 2000
GEORGIA \i\lLCOX COC:!'\TI' :'.\OTICE OF PROPOSED ..\.vIE:'.\D'.\IE:'.\T TO CHARTER OF THE CITI' OF ROCHELLE
'.'liotice is hereby giYen that the Mayor and council of the City of Rochelle shall consider and act upon a proposed amendment to the Charter of the City of Rochelle at two regular consecuthe meetings. A synopses of said proposed amendment is as follows: Said amendment shall delete the last sentence of Section \11 of the Charter of the City of Rochelle, Georgia, Georgia Laws 1962, House Bill :!'\umber 1033, as amended, and shall add a sentence in lieu thereof to proYide that effecthe January 1, 1999, the compensation of the Mayor of the City of Rochelle shall be Sl50.00 per month; the compensation of the .\ilayor Pro Tem of the City of Rochelle shall be Si5.00 per month; and the compensation of each councilman, other than the Mayor Pro Tern shall be S50.00 per month. Said amendment further proYides that the same shall be effectiYe upon the approYal of the Mayor after its second adoption by '.\fayor and Council and further proddes that if any section of the amendment or application thereof to any person or circumstances is held i1walid, the Yalidity of the remainder of the

GEORGI.-\ L-\\-\'S 1999 SESSIO:-.;

5053

ordinance and the application of such prmisions to other persons and circumstances shall not be affected therebY. Said amendment further proYides for the repeal of any Charter proYisions in conflict therewith. .-\. copy of the proposed amendment is on file in the office of the Clerk of the City of Rochelle, Georgia. and a copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of Wilcox County, .-\bbeYille. Georgia. for the purpose of examination and inspection by the public. The Clerk of the City of Rochelle will furnish anyone, upon written request, a copy of said proposed amendment.
Jeanne Green CitY Clerk, CitY of Rochelle :-.;o~. 8. 15. 22:1998 #580
Filed in the Office of the Secretary of State, December i, 1998.

CITY OF C.-\RTERS\lLLE - C.-\RTERS\1LLE PCBLIC SCHOOLS; BCDGETS; T.-\.X..\TIO:-.; .

AMENDMENT TO CHARTER

WHEREAS, the City ofCarters,ille desires to make an amendment to the City Charter of the CitY of Cartemille, Georgia.

WHEREAS, a notice to the public, a copy of which is attached hereto, was published in the local organ once a week for three weeks beginning on the LY" day of October. 1998, in the official organ in the legal situs of the City of CartersYille, Georgia, being The Daily Tribune :-.;ews.

WHEREAS, a copy of the proposed amendment is on file at the Office of

the City Clerk of the City of Cartemille. Georgia, and the Office of the

Clerk of Superior Court

of Bartow County,

Georgia,

as

of the

15

1 "

day of

October, 1998.

NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED b, the ~layor and City Council of the city of Carters,ille", Georgia, that the Charger of the City of Carters,ille, Georgia, Section 5.0i and Section 5.13 are to be amended by deleting said sections in their entirety and replacing them with the following.

Sec 5.0i. Budget, Tax Le,~. Etc.

Prior to August I0, or on a date specified by the City Council, the Carters,ille School Board shall submit to the CitY Council the Carters,ille School Board's annual recommendation for the ;-are of tax Jen within the limitations fixed by law to be made upon all taxable propert~ within the City limits pursuant to the authority granted in Article 8, Section \1, Paragraph 1 of the 1983 Georgia Constitution and O.C.G..-\. ~ 48-5-405. The City Council shall le,~ said tax upon the assessed mine of all taxable property within the City limits within the limitations fixed by law.

5054 LOCAL ,-\.."-:D SPECIAL ACTS .-\..1':D RESOLL'TIO'.'\S, \'OL. II
The City Council shall cause the collected leYied taxes to support the CartersYille Public Schools to be deposited into the CartersYille School Board account and disbursed from the account to the CartersYille Public Schools within ten (10) days of receipt. The City of CartersYille shall inrnice the CartersYille Public Schools for the pro rata cost of collection of property taxes and for bond payments and other debt sen-ice charges owed by the CartersYille Public Schools. The Carternille Public Schools shall pay to the City of CartersYille the amount i1woiced for tax collection within ten (10) business days and at least four (4) business days prior to the due date for bond and all other debt senice costs owed to the CitY bY the Carters,ille Public Schools. The School Board, as prescribed or approYed by resolution, ma\' incur indebtedness within the limits and manner prescribed by state law and ma\, ' redeem such indebtedness bY, the issuance of checks or Youchers drawn upon the CartersYille School Board account subject to prior approYal of a resolution by the City Council.
This section shall be effecti,e as ofJuly 1, 1998. On or after said effectiYe date, the City shall proYide no funds for the support of the Carters,ille Public Schools except for the tax leYy, as proYided herein.
The CartersYille School Board shall be authorized to receiYe funds as proYided for in Section 5.13.
Sec. 5.13. Receipts of Funds by the Board
The CartersYille School Board is authorized to receiYe funds for educational purposes from any source \\hatsoeYer and to use the same for educational purposes, these funds may be disbursed bY the City or proYided directly to the CartersYille School Board.
ADOPTED this 22nd day of October, 1998. First Reading.
ADOPTED this 5th day of November, 1998. Second Reading
/ s/ Sam C. Smith ~laYor
ATTEST:
l s/ Sandra E. Cline Cit\' Clerk
December 16, 1998
CLERK'S CERTIFICATE
I, Sandra E. Cline. the duly appointed and qualified, City Clerk of the City of CartersYille, Georgia, do hereby certif\ that the following is a true and exact copy of excerpt from the :\'oyember 5, 1998 CitY Council ~fomtes concerning Resolution :\'o. 18-98, Proposed Amendment to the City of CartersYille Charter.

GEORGIA LAWS 1999 SESSION

5055

I:'\ \l\1TNESS WHEREOF, I ha,e hereunto set my hand and the seal of the City of CartersYille, Georgia, this 16th day of De~ember, 1998.
(SEAL)
l s/ Sandra E. Cline CitY Clerk
Second Reading of Amendments to CitY Charter.
Sam GroYe, City :Manager reported that these amendments were in two parts. The first amendment clears up ambiguous language in the charter concerning the funding of the school system. The second amendment to the City Charter \\"Otild increase the fine for contempt of Court from S25 to S300, and increase the applicable days in jail from forty-eight hours to "up to ten (10) days"'. This change is based on the Judges recommendation. :Mr. Grme recommended approYal of these amendments to the City Charter.
A motion to approYe the second reading of the amendments to the City Charter was made by Council :Member Denham and seconded by Council :Member Dean.
STATE OF GEORGIA COC:'\TY OF BARTOW
Before the undersigned attesting officer in and for said State, personally appeared CHARLES HCRLEY, who on oath deposes and says he is the Publisher of The Daily Tribune ;\;ews, the ;\;ewspaper in which Sheriff's adYertisements appear for Bartow County; and that the attached notice was published in said newspaper on the following dates, to wit:
October 15, 22, & 29 and :'\oYember 5, 1998
Charles Hurley, Publisher
Sworn to and subscribed before me this 5th day of ;\'oyember, 1998.
Sandra L. :Moore ~otary Public, Bartow County, Georgia My Commission Expires :March 12, 2001
PCBLIC :'\OTICE OF PROPOSED ,-\;\1E:'.',;DMEI\T TO THE CHARTER OF THE CITY OF CARTERS\1LLE,
GEORGIA
WHEREAS, an amendment to the Charter of the Cit\ of CartersYille, Georgia, by the :\fayor and City Council is to be proposed,' heard, and acted on for the First Reading on the 22nd day of October, 1998, for the Second and Final Reading on the 12th day of :'\oYember, 1998.
A synopsis of the proposed amendments is as follows:

5056 LOCAL .-\..'\JD SPECIAL ACTS .-\..'\iD RESOLLTIONS, \'OL. II
1) "The amendment is clear up ambiguous language and allow the City Schools to accept reYenue from non-City sources in Section 5.0i and 5.13 of the Charter."
A copy of the proposed amendment is on file and aYailable to the general public in the Office of the City Clerk of the City of Carternille, Georgia, telephone (ii0) 38i-5606, address One :'\orth Public Square, City Hall, Carternille, Georgia 30120, and is on file in the Office of the CitY of Superior Court, Bartow County, Georgia, telephone (ii0) 38i-5025, 135 West Cherokee AYenue, Suite 233, CartersYille, Georgia 30120.
This 12th day of October, 1998.
(s)Sam C. Smith, yfayor City of Carters\ille
10/15, 22, 29 11/5 #4988
Filed in the Office of the Secretary of State December 31, 1998.
CITY OF C-\RTERS\1LLE - YIC:'\ICIPAL COCRT; JCRISDICTION; CO:\'TEYIPT; PC:'\ISH'.\,IE:'\T.
.-\..\1E:'\D'.\,IE:'\T TO CHARTER
WHEREAS, the CitY ofCarters\ille desires to make an amendment to the City charter of the City of CartersYille, Georgia
WHEREAS, a notice to the public, a copy of which is attached hereto, was published in the local organ once a week for three weeks beginning on the 15th day of October, 1998, in the official organ in the legal situs of the City of Carters\ille, Georgia, being The Daily Tribune :'\ews.
WHEREAS, a copy of the proposed amendment is on file at the Office of the Cit\ Clerk of the Cit\ of Carters\ille, Georgia, and the Office of the Clerk ~f Superior Court of Bartow County, Georgia, as of the 15th day of October, 1998.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Ylayor and City Council of the City of CartersYille, Georgia, that the Charter of the City of CartersYille, Georgia, Section 6.03 is to be amended by deleting said section in its entirety and replacing it with the following:
Sec. 6.03. Jurisdiction.
The judge of the municipal court shall haYe power to impose fines and to imprison Yiolators for the Yiolation of any lm\" or ordinance of the City of CarterSYille within such limits as may be set bY ordinance or bY laws of Georgia. Said judge of the mtmicipai'court shal'i not haYe the authority to inflict a greater punishment for contempt than to impose a fine of three hundred dollars (S300.00) or imprisonment not exceeding ten (10) days

GEORGIA L\WS 1999 SESSIO:\

505i

or am combination of the two. He shall haYe the authority of a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of CartersYille, which warrants may be executed by any police officer of said city, to hold committal hearings, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. Except as may be herein otherwise specified, the judge of the municipal court is Yested \\ith all of the jurisdiction and powers as to the entire area within the corporate limits of the City of CartersYille. The municipal court is specifically Yested \\ith all jurisdiction and powers throughout the entire area \\ithin the corporate limits granted by state laws generally to mayors, recorders and police courts, and particularly such laws as authorize the abatement of nuisances. The judge of the municipal court and the municipal court clerk, or the city clerk in the judge of the municipal courts name, is hereby authorized to issue subpoenas to compel the attendance of witnesses to said municipal court, and to issue such other processes as may be necessary to the proper administration of said court.
ADOPTED this 22nd day of October, 1998. First Reading.
ADOPTED this 5th day of November, 1998. Second Reading.
/ s/ Sam C. Smith \laYor
ATTEST:
l s/ Sandra E. Cline CitY Clerk
December 16, 1998
CLERKS CERTIFICATE
I, Sandra E. Cline, the duly appointed and qualified, City Clerk of the City of CartersYille, Georgia, do hereby certify that the following is a true and exact copy of excerpt from the :\oYember 5, 1998 City Council Ylinutes concerning the proposed amendment to the City of CartersYille Charter pertaining to Contempt of Court Penalties.
I:\ WIT:\ESS \-\"HEREOF, I haYe hereunto set mY hand and the seal of the City of CartersYille, Georgia, this 16'" day of December, 1998.
(SEAL)
l s/ Sandra E. Cline CitY Clerk
Second Reading of Amendments to CitY Charter.
Sam GroYe, CitY \1anager reported that these amendments were in two parts. The first amendment clears up ambiguous language in the charter concerning the funding of the school system. The second am~ndment to

5058 LOCAL ,.\..'-iD SPECIAL ACTS .\..'-iD RESOLCTIO~S. \'OL. II
the City Charter would increase the fine for contempt of Court from $25 to $300, and increase the applicable days in jail from forty-eight hours to "up to ten ( IO) days". This change is based on the Judges recommendation. \-Ir. Grme recommended apprornl of these amendments to the City Charter.
A motion to approYe the second reading of the amendments to the City Charter was made by Council \-lember Denham and seconded by Council \-lember Dean.
STATE OF GEORGIA COC'.\/TY OF BARTOW
Before the undersigned attesting officer in and for said State, personally appeared CHARLES HCRLEY, who on oath deposes and says he is the Publisher of The Daily Tribune :\ews, the :\ewspaper in which Sheriff's adYertisements appear for Bartow County; and that the attached notice was published in said newspaper on the following dates, to wit:
October 15, 22, & 29 and :\oyember 5, 1998
Charles Hurley, Publisher
Sworn to and subscribed before me this 5th day of :\member, 1998.
Sandra L. \1oore :\otary Public, Bartow County, Georgia \1y Commission Expires \1arch 12, 200 I
PCBLIC :\OTICE OF PROPOSED A\-IE'.'iD\-IE'.\iT TO THE CHARTER OF THE CITI' OF CARTERS\1LLE,
GEORGIA
V\'HEREAS, an amendment to the Charter of the CitY of CartersYille, Georgia, by the \1ayor and City Council is to be proposed, i1eard, and acted on for First Reading on the 22nd day of October, 1998, for the Second and Final Reading on the 12th day of :\oyember, 1998.
A synopsis of the proposed amendments is as follows:
1. "The amendment is to increase the fine for Contempt of Court from $25 to $300, and to increase the applicable days in jail from forty-eight hours to []\'[4,29]up to ten (IO) days' in Section 6.03 of the Charter."
A copy of the proposed amendment is on file and mailable to the general public in the Office of the City Clerk of the City of CartersYille, Georgia, telephone (770) 387-5606, address One :\orth Public Square, City Hall, Cartersdlle, Georgia 30120, and is on file in the Office of the Clerk of Superior Court, Bartow County, Georgia, telephone (770) 387-5025, 135 West Cherokee AYenue, Suite 233, CartersYille, Georgia 30120.

GEORGI.-\ L-\WS 1999 SESSIO!\

5059

This 12th day of October, 1998. (s) Sam C. Smith, \fayor CitY of CartersYille
10/ 15, 22, 29 11 / 15 #-1989 Filed in the Office of the Secretary of State December 31. 1998.

CITY OF \iL-\RIETT.-\ - COC;'.;CIL; EXPE::-.;SE .\LLO\\'..\.'-iCE; TR-\\'EL.

coL::-.;c1L BILL ::-.;o. 307590

ORDI::-.;.-\:'\CE ::-.;o. -1794

..\.'-i ORDI::-.;..\.'-iCE

.-\ME::-.;DI.:'iG Article 2 of the Charter of the City of \farietta, Georgia, Section 2.12 the1eof.

:'\OW, THEREFORE, BE IT RESOLVED BY THE \-L-\YOR ..\.,D CITY COC:'\CIL OF THE CITY OF \iL-\RIETT.-\, GEORGI.-\ THAT:
Section 1: Sec_tion 2.12 of the Charter of the City of \ilarietta, Georgia, is hereby amended by deleting the following language in Section 2.12. The language hereby deleted is contained in the third paragraph of such Section and reads as follows:
..... incurred for and in behalf of the City for traYel within the City.
Section 2: It is hereb, declared to be the intention of this ordinance that its sections, paragraphs, sentences, clauses and phrases are seYerable, and if any section, paragraph, sentence, clause or phase are seYerable of this ordinance is declared unconstitutional or i1walid, it shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this Ordinance.
Section 3: .-\II ordinances or part of ordinances in conflict with this ordinance are hereby repealed.
Section 4: This ordinance shall become effecthe upon the signature or without the signature of the \ilayor, subject to Georgia Law 1983, page 4119.
Ordinance passed for the first time \ilay 9, 1990 by a rnte of~ .-\yes, __
'.\ia\'S.
Ordinance passed for the second time June 13, 1990 by a rnte l .-\yes, - - ::-.;a,s.
Joe \ lack Wilson, \ilayor
ATTEST:

5060 LOCAL .-\.'\D SPECL\L ACTS .-\.'\D RESOLCTIO~S. \'OL. II

Sheila R. Hill, City Clerk

CITY OF \-URIETTA COBB COC="TY, GEORGIA

I. R. Tern Smith holding the position of\'. President of \-larketing, the official gazette for the legal adYertisements in Cobb County. Georgia, do hereby certify that the foregoing citation was duly published in the \larietta Dail~- Journal on the following dates:

FridaY, April 2i, 1990

FridaY, \-lay -!, 1990

FridaY, \1a, 11, 1990

R. Tern Smith (Signature)

S"orn to and subscribed before me this 14 daY of \laY, 1990

Bobbie BleYin '.\otary Public, Georgia, State at Large \ly Commission Expires \larch :',. 1993

'.\OTICE is hereby ghen that the Council of the City of \larietta, Georgia shall consider on May 9, 1990 beginning at i:00 p.m. and onjune 13, 1990 beginning at i:00 p.m. in the City of \larietta Council Chamber, 205 La\\Tence Street. \farietta, Georgia, a change to the Charter of the City of \larietta to allow use of monthly expense allmrnnce for expenses other than traYel within the citY limits of \larietta for members of Council. Copies of the proposed an~endments are on file in the office of the Clerk of the City of \farietta, 205 Lawrence Street, \-larietta, Georgia, and also in the office of the Clerk of the Superior Court of Cobb Count\, Cobb County Cou,thouse. 1ii Washington .-\xenue, \-larietta, Georgia. Any person wishing to receiYe a copy of said amendment should apply in writing to the aboYe described offices. .-\II interested persons are imited to attend the
meetings of City Council.

4:2i. 5:-1. 11

Filed in the Office of the Secretary of State Januan 11. 1999.

CITY OF \-1.-\RIETTA - Cl\'IL SER\lCE BOARD; \IDIBERSHIP.

COC'.'\CIL BILL '.\O. 353092

ORDI'.\.-\.'\CE BILL '.\10. 5088

GEORGI.--\ L-\WS 1999 SESSIO'.\

5061

AN ORDINANCE AMENDING THE CTIY CHARTER OF
MARIETTA, GEORGIA
To proYide for the amendment to Section -L 15 of the Charter of the City of \.farietta, Georgia relating to the CiYil Sen-ice Board ,d1ich amendment, among other things, increases the number of members on the Ci,il Sen-ice Board from three (3) members to fiye (5) members.
BE IT ORDAI'.\ED BY THE '.\L\.YOR .\'.\D COC'.\Cll. OF THE CITY OF '.\U.RIETTA, GEORGIA, TH.--\T:
Section 1. The Charter of the City of '.\larietta, Georgia is hereby amended by amending Section -!.15 by striking the entire preYious section and substituting in lieu thereof the following section:
Section 4.15. MEYlBERSHIP; TER.\,IS; \'.--\C\..'\CIES.
The ci,il sen-ice board for the Cit\' of '.\farietta shall consist of fiye members at all times and the members shall be appointed as hereafter proYided. The Post 1 and Post 3 members of the ciYil sen-ice board shall be appointed by the City Council for the City of yfarietta, as hereafter prmided. The Post 2 and Post 4 members shall be appointed, as hereafter prmided, by members of the fire and police departments. The four members as selected herein to fill Post 1, Post 2, Post 3 and Post-! shall select a fifth member of the ci,il senice board who shall be a resident of the Cit\' of '.\larietta and such person so selected shall be the Post 5 member of the ciYil senice board. The Post 5 member shall be for a term of one Year and the selection shall be in writing and signed by the other four post members. In the eYent that the members of the Post 1, Post 2, Post 3 and Post-! are unable, by majority Yote, to select a fifth member, " ithin thirtY (30) daYs after their election, all four (4) of said members shall be remo~ed from the CiYil Sen-ice Board and a successor shall immediately be selected to replace each such member and the subsequent selection shall be made in the manner in which the members were first selected.
The fiye members of the ci,il sen-ice board shall be appointed as follows for the terms set forth herein:
Post 1: This member shall be appointed by City Council and shall serYe for an initial two year term. Thereafter, all subsequent appointments shall be for a three year period.
Post 2: This member shall be appointed by the members of the fire and police departments, by secret ballot. The initial term shall be for a two year term. Thereafter, all subsequent terms shall be for a three year period.
Post 3: This member shall be appointed by the City Council and shall serYe for an initial three year term. Thereafter, all subsequent terms shall be for a three year period.

5062 LOCAL A..'\D SPECIAL ACTS ,-\..'..;D RESOLL'TIO!\S, \'OL. II
Post 4: This member shall be appointed by the members of the fire and police departments, by secret ballot. The initial term shall be for a three year term. Thereafter, all subsequent terms shall be for a three year period.
Post 5: This member shall be appointed bY a majority rnte of Post 1, Post 2, Post 3 and Post 4. The initial and all subsequent terms shall be for a one year period.
Each Post member shall serYe in accordance herein and until a successor has been appointed. All fi,e members shall be residents of the City of Marietta, Georgia. The Post 2 and Post 4 members shall sen-e pursuant to an election which shall be certified by the chiefs of the fire and police departments to council. All fiye positions shall be entered on the minutes of the City Council. At the expiration of the term of each member, the election or appointment shall be thereafter by the same method and upon the same terms and conditions as proYided herein.
In the eYent of a yacancY upon said board caused by death, resignation or other cause, the Yacancy shall be filled as originalh proYided herein and the person filling such Yacann shall be elected to serYe for the unexpired term. If am member of the ciYil serYice board shall miss and fail to attend am two consecutiYe meetings of the board duly and properly called as herein proYided, the council, at any regular or special meeting, may by resolution terminate the term of such member and declare that a YacancY exists on said board, which shall be filled as aboYe proYided. ::\"o person shall be eligible to be a member of said board ,rho holds am office of profit or trust under the City, County or State or who is less then 25 years of age and who is not a bona fide resident and qualified rnter of said City.
The director of Human Resources of the CitY of \farietta, or his or her designee, shall attend all meetings of the board and shall sene as adYisor to the board, except the director of Human Resources upon direction or discretion of the board may be precluded from attending appeal hearings on disciplinary actions. The Human Resources director shall cause to be prmided eight hours of training for each board member \\ithin the first tweh-e (12) months of their appointment and annually thereafter four hours training for each member with sen-ice of more than one Year, such training shall include but not be limited to recruitment, hiring. promotion, termination and appeal procedures. Such director shall proYide such training to each board member as is deemed appropriate. All such training prmided bY the director shall be attended by each member of the board. If the training as proYided bY the director of Human Resources is not completed "ithin a reasonable time, the Council at a11Y regular or special meeting by resolution may terminate the term of such member and declare that a Yacancy exists on such Board and that such Yacancy shall be filled as aboYe proYided.
Section 2. This adoption follows t\\"O public hearings and follows ad,ertisement in the \farietta Daih-Journal which adYertisement contained

GEORGIA L-\WS 1999 SESSIO:\'

5063

a synopsis of the Proposed Amendment, as required by law. In addition, the proposed amendments haYe been filed with the Clerk of Superior Court and the Clerk of the City of Marietta, Georgia.

Section 3. It is hereby declared to be the intention of this Ordinance that its sections, paragraphs, sentences, clauses and phrases are seYerable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or imalid, it shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance.

Section 4. .-\II Ordinances or parts or Ordinances in conflict with this Ordinance are hereby repealed.

Section 5. This Ordinance shall become effectiYe upon the signature or without the signature of the Mayor, subject to Georgia laws 1983, page 4119.

Section 6. In addition, appointments to Post 1, Post 2, Post 3 and Post 4 shall be completed on or before December 9, 1992 and the appointment to Post 5 shall be completed on or before December 31, 1992. .-\ny member sen-ing on the pre,iously existing Ci,il SerYice Board shall remain on that Board until the effectiYe date hereof or until the new CiYil Senice Board member has been appointed as pro,ided herein, whicheYer shall later occur.

FIRST READING

COC:'.\'CIL BILL ~O. 353092

Councilman Goldstein made the motion, seconded by Councilman Hirons and unanimously carried, to approve Council Bill No. 353092 with the correction that Section 2 be amended to read,". . .filed with the Clerk of Superior Court. "

D.-\TE: September 9, 1992

.-\PPRO\'ED: Joe \-lack Wilson, \-layor

ATTEST: Sheila R. Hill, City Clerk

SECOND READING

Councilman Goldstein made the motion, seconded by Councilman Garriss and carried 6-1, to approve Council Bill No. 353092. Opposed:

Councilwoman Rigo.

Date: October 14, 1992

.-\PPRO\ 'ED: Joe \-lack Wilson, :\fayor

.-\TTEST: Sheila R. Hill, City Clerk

506-! LOC..\L ..\~D SPECIAL ..\CTS .-\.'\D RESOLL'TIO~S. \'OL. II
9212163-99
COBB coc~n. G..\
FILED I~ OFFICE 92 ..\CG 20 P\-1 2:25 Jay C. Stephenson COBB SCPERIOR COCRT CLERK
~OTICE OF FILI~G OF DOCC'.\IE~TS \\'ITH
CLERK OF Sl' PERIOR COCRT OF COBB COC~TY, GEORGI..\
..\'.\lE~D'.\lE~T OF '.\lC~ICIP..\L CHARTER OF
CITY OF '.\L.\RIETT..\. GEORGL.\
TO: Clerk. Superior Court of Cobb County. Georgia
\\'HERE..\S. the City of '.\larietta. pursuant to O.C.G.A. ~ 36-35-3. will conduct two public hearings on the issue of \\'hether or not to amend its '.\lunicipal Charter to amend Section -1. l 5 which. among other things. increases the number of members of the Chil Senice Board from three (3) members to fiye (5) members. and.
\\'HERE..\S, Georgia law requires that the proposed amendment be filed with this office.
~O\\' THEREFORE. the City of '.\larietta hereby files with this office the following documentation:
1. Copy of proposed Ordinance amending the City Charter of '.\farietta. Georgia.
Please be ad,ised that public hearings will be held on these proposed amendments on September 9. 1992 and October 1-1, 1992, both at i:00 o'clock p.m. in Council Chambers for the City of '.\larietta, Georgia.
This 20th day of August. 1992.
Respectfully submitted, DOCGL.\S R. HA\~IE State Bar ~o. 3-10800 City ..\ttorney for City of '.\larietta, Georgia
FILED I~ CLERK'S OFFICE THIS 2-!th DAY OF August 1992 AT 2:35 O'CLOCK P'.\1 Sheila R. Hill CITY CLERK

GEORGIA L\WS 1999 SESSJO:--;-

5065

'.',;OTICE OF FILI:--;-G OF DOCCYIE:--;-TS WITH
CLERK OF THE CITY OF YlARIETT.-\., GEORGIA
.-\.vIE:--;-DYlE:--;-T OF YIC:--;-ICIPAL CHARTER OF
CITY OF \iL-\.RIETTA, GEORGIA
TO: Clerk, City of \ilarietta, Georgia
\\1-IEREAS, the City of \ilarietta, pursuant to O .C.G.A ~ 36-35-3, will conduct two public hearings on the issue of whether or not to amend its \1unicipal Charter to amend Section 4.15 which, among other things, increases the number of members of the CiYil Senice Board from three (3) members to fiye (5) members, and,
\\1-IEREAS, Georgia law requires that the proposed amendment be filed with this office,
;',iOW THEREFORE, the City of \ilarietta hereby files with this office the follm\'ing documentation:
1. Copy of proposed Ordinance amending the City Charter of \1arietta, Georgia.
Please be adYised that public hearings will be held on these proposed amendments on September 9, 1992 and October 14, 1992, both at 7:00 oclock p.m. in Council Chambers for the City of \1arietta, Georgia.
This 24th day of August, 1992.
Respectfully submitted, DOCGL-\.S R. HA\':\'IE State Bar :--;-o. 3-10800 CitY. .-\.ttorneY. for CitY. of \farietta, Georgia
CITY OF MARIETTA COBB COUNTY, GEORGIA
I. Otis A BrumbY, Jr. , holding the pos1t1on of Publisher, the official gazette for the legal adYertisements in Cobb County, Georgia, do hereby certify that the ad for the City of \farietta. Georgia, ,ms nm in the \farietta Daily Journal on the following date(s):
October 2, 1992
October 9, 1992
Otis.-\.. Brumby. Jr. Signature
Sworn to and subscribed before mt> this 1-lth day of Jan ., 1992_.

5066 LOCAL .-\.'.:D SPECIAL ACTS .-\.'.:D RESOLCTIO:\S, \'OL. II
WendY E. Criswell :\otarY Public '.'vly Commission Expires June 15, 2001 (SEAL)
\1--li-l
PROPOSED CHARTER .\\lE'.'.iD\lE:\T CITY OF :VL\RIETTA. GEORGI.\
HE.\RI:\G D.\TE OCTOBER 1-1.1992
Pursuant to O.C.G..\. ~ 36-35-3 and City Charter Section 2.16(59). the City of :Vlarietta has proposed to amend its Charter. The proposed amendment would delete subparagraph 10 of Section -1.-l of the Charter of the City of :Vlarietta. The effect of this proposed Charter amendment is to delete the requirement that the City manager also sene as the manager of the Board of Lights and Waterworks. The public hearing date for the Proposed Charter Amendment will be Octoher 1-1. 1992 at i:00 p.m. in the City Hall for the City of :Vlarietta, Council Chambers. Any member of the public is welcome to comment on this Proposed Charter .\mendment. A copy of the Proposed Charter Amendment is on file with the Clerk of Superior Court of Cobb County and is on file with the Clerk of the City of \farietta. Georgia.
Executed this 15th day of September, 1992.
SHEIL\ R. HILL CLERK, CITY OF :Vl.\RlETTA, GEORGI.\
10:2, 9
CI1Y OF MARIETTA COBB COUNIT, GEORGIA
I, R. Tern Smith, holding the position of President. the official gazette for the legal adYertisements in Cobb County, Georgia. do hereby certify that the ad for the City of :Vlarietta, GA was nm in the :Vlarietta Daily Journal on the follo\\ing dates:
August 28, 1992 September -1, 1992
R. Tern Smith Signature
Sworn to a11d subscribed before me this 11th day of JanuarY, l 99~.
WendY E. Criswell :\otan- Public \ly Commission Expires June 15, 2001

GEORGI.-\. L\WS l 999 SESSIO:\'

5067

'.\1-104 PROPOSED CHARTER .-\.'.\IE:\'D'.\IE:\'T
CITY OF '.\1.-\RIETT.-\, GEORGL-\ HE.-\RI:\'GS D.-\.TES: SEPTE'.\IBER 9, 1992 .-\.,D OCTOBER 14. 1992
Pursuant to O.C.G..-\. ~ 34-35-3 and Cir, Charter~ 2.16(39), the CitY of '.\farietta has authorized the holding of tw~ public hearings on this issue of amending the City Charter relating to the Chil Senice Board. The Proposed Amendment would amend Section 4.15 of the City Charter and would change the membership of the Chil Senice Board from three (3) members to fiye (5) members, two being appointed by members of the Police end Fire Departments, two being appointed by the CitY Council and a fifth member being appointed by the four members of the Chil SerYice Board appointed as prmided herein, the public hearing dates for the Proposed Charter Amendment will be September 9, 1992 and October 14, 1992 both at 7:00 p .m. in the City Hall for the City of '.\farietta, council chambers. .-\.ny member of the public is welcome to comment on this Proposed Charter Amendment. .-\. copy of the Proposed Charter Amendment is on file with the Clerk of Superior Court of Cobb County and is on file with the Clerk of the City of '.\Iarietta, Georgia.
Executed this 13th day of August, 1992.
SHEIL-\ R. HILL CLERK, CITY OF '.\1.-\.RIETT.-\. GEORGI.-\
3; 28, 9; 4
Filed in the Office of the Secretary of State January 11, 1999.

CITY OF '.\1.-\RIETTA - CITY '.\1.-\.,.-\.GER; DCTIES.
COC:':CIL BILL ~O. 353192
AN ORDINANCE AMENDING THE CITY CHARTER OF
MARIETTA, GEORGIA
To prmide for the deletion of subparagraph 10 of Section 4.4 of the Charter of the City of Marietta, Georgia.
BE IT ORDAl'.'\ED BY THE ~L-\YOR .-\.,D COC'.'ICIL OF THE CITY OF '.\-1.-\RIETT.-\, GEORGIA. THAT:
Section 1. The Charter of the City of ~Iarietta, Georgia is hereby amended pursuant to O.C.G.A. ~ 36-35-3 and City Charter Section 2.16(59) by deleting subparagraph 10 of Section 4.4 of the Charter of the City of Marietta, Georgia.
Section 2. It is herebY declared to be the intention of this Ordinance that its sections, paragraph~. sentences, clauses and phrases are seYerable, and

5068 LOCAL ...\...'\/D SPECIAL .--\CTS ...\...'\/D RESOLCTIO'.'\S, \'OL. II

if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or i1n-alid, it shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance.

Section 3. All Ordinances or parts or Ordinances in conflict with this Ordinance are hereby repealed.

Section 4. This Ordinance shall become effectiYe upon the signature or without the signature of the \layor, subject to Georgia laws 1983, page 4119.

FIRST READING

COC~CIL BILL :'.',;O. 353192

Councilman Goldstein made the motion, seconded by Councilwoman Rigo and unanimously carried, to approve Council Bill No. 353192.

D.--\TE: September 9, 1992

.--\PPRO\ 'ED: Joe yfack Wilson, Ylayor

ATTEST: Sheila R. Hill, City Clerk

SECOND READING Councilman Goldstein made the motion, seconded by Councilman Garriss and carried 6-1, to approve Council Bill No. 353192. Opposed: Councilman :\'orthcutt.

D.--\TE: October 1-1, 1992

.--\PPRO\'ED: Joe yfack Wilson , \fayor

ATTEST: Sheila, R. Hill, City Clerk

9212163-99 COBB COCNTY, GA FILED I:'.\; OFFICE 92 .--\l'G 20 PM 2:24 Jay C. Stephenson COBB Sl;PERIOR COCRT CLERK

NOTICE OF FILI:'.'JG OF DOCCME:'.'JTS \i\lTH
CLERK OF SCPERIOR COCRT OF COBB COCNTY, GEORGI.--\

A..\1E:'.'JDME:'.',;T OF MC:\'ICIPAL CHARTER OF
CITY OF NL-\RIETT.--\, GEORGI.--\

TO: Clerk, Superior Court of Cobb County, Georgia

GEORGI.-\ L\WS 1999 SESSIO:'\

5069

\\'HERE.-\S, the City of '.\larietta, pursuant to O.C.G..-\. ~ 36-35-3, will conduct two public hearings on the issue of whether or not to amend its '.\hmicipal Charter to delete subparagraph IO of Section -!.--1 of the Charter of the City of '.\larietta, Georgia and the effect of such amendment will be to delete the requirement that the City '.\lanager of '.\larietta, Georgia also sen-e as the manager for the Board of Lights and Waterworks, and,
\i\'HERE.-\S, Georgia law requires that the proposed amendment be filed with this office,
~OW THEREFORE, the City of '.\farietta hereby files with this office the following documentation:
1. Copy of proposed Ordinance amending the City Charter of '.\larietta, Georgia.
Please be adYised that public hearings will be held on these proposed amendments on September 9, 1992 and October I . 1992, both at 7:00 o'clock p.m. in Council Chambers for the City of '.\larietta. Georgia.
This 20th day of August, 1992.
Respectfully submitted, DOCGL-\S R. HA\':'\IE State Bar :'\o. 3-!0800 CitY. .-\ttorneY. for CitY. of '.\-Iarietta. Georgia
HA\:\IE & LITCHFIELD, P.C. 222 Washington AYenue '.\-larietta. GA 30060 (404) -!22-8900
FILED I:'\ CLERK'S OFFICE THIS 2-!th DAY OF August 1992 AT 2:3-! O'CLOCK g:Vl Sheila R. Hill CITI'CLERK
:'\OTICE OF FILI:'\G OF DOCC'.\lE~TS WITH
CLERK OF THE CITY OF '.\1.-\RIETT.-\, GEORGI.-\
A..\lE:'.\'D'.\lE:'\T OF '.\lC~ICIPAL CHARTER OF
CITY OF :VL-\RIETT.-\, GEORGI.-\
TO: Clerk, City of '.\larietta, Georgia
\i\'HEREAS, the City of '.\.1arietta, pursuant to O.C.G.A. ~ 36-35-3, will conduct two public hearings on the issue of whether or not to amend its '.\1unicipal Charter to delete subparagraph 10 of Section 4.4 of the Charter

5070 LOCAL .-\..'-iD SPECIAL ACTS .-\..'-iD RESOLCTIONS, \'OL. II
of the City of Ylarietta, Georgia and the effect of such amendment will be to delete the requirement that the City Ylanager of Ylarietta, Georgia also sen-e as the manager for the Board of Lights and Waterworks, and,
\\1-IERE.\S, Georgia law requires that the proposed amendment be filed with this office,
'.\;OW THEREFORE, the City of Marietta hereby files with this office the following documentation:
1. Copy of proposed Ordinance amending the City Charter of Ylarietta, Georgia.
Please be ad,ised that public hearings will be held on these proposed amendments on September 9, 1992 and October 14, 1992, both at 7:00 o'clock p.m. in Council Chambers for the City of Ylarietta, Georgia.
This 24th day of August, 1992.
Respectfully submitted, DOCGL\S R. HAY.\iIE State Bar :-.io. 340800 CitY Attorney for CitY of Ylarietta, Georgia
HAYNIE & LITCHFIELD, P.C. 222 Washington .\yenue !vlarietta, GA 30060 (-104) 422-8900
CI'IY OF MARIETTA COBB COUN'IY, GEORGIA
I, Otis A BrumbY, Jr., holding the position of Publisher, the official gazette for the legal adYertisements in Cobb County, Georgia, do hereby certify that the ad for the City of Ylarietta, Georgia, was run in the yfarietta Daily Journal on the following date(s):
October 2, 1992 October 9, 1992
Otis.\. Brumby,Jr. Signature
Sworn to and subscribed before me this 14th day of Jan., 1999.
Wend\' E. Criswell Notar~ Public y{y C~mmission Expires June 15, 2001 (SEAL)

GEORGI.-\ L-\WS 1999 SESSIO!'\

50il

:VI--!i-1 PROPOSED CHARTER .-\:vtE~D:VIE~T
CITY OF :VL-\RIETT.-\, GEORGI.-\.
HE.-\Rl'.'iG DATE OCTOBER 1-1, 1992
Pursuant to O.C.G.A. 36-35-3 and City Charter Section 2.16(59), the City of :Vlarietta has proposed to amend its Charter. The proposed amendment would delete subparagraph 10 of Section 4.4 of the Charter of the City of :Vlarietta. The effect of this proposed Charter amendment is to delete the requirement that the City manager also serYe as the manager of the Board of Lights and Waterworks. The public hearing date for the Proposed Charter Amendment will be October 1-1, 1992 at i:00 p.m. in the City Hall for the City of ~farietta, Council Chambers. ,-\.ny member of the public is welcome to comment on this Proposed Charter Amendment..-\ copy of the Proposed Charter .--\.mendment is on file with the Clerk of Superior Court of Cobb County and is on file with the Clerk of the City of '.\farietta, Georgia.
Executed this 15th day of September, 1992.
SHEIL\ R. HILL CLERK, CITY OF :VL-\RIETTA, GEORGI.-\
10;2, 9
CI1Y OF MARIETTA COBB COUN1Y, GEORGIA
I, R. Tern Smith, holding the position of President, the official gazette for the legal adYertisements in Cobb County, Georgia, do hereby certify that the ad for the City of '.\-Iarietta, GA was nm in the :Vlarietta Daily Journal on the following dates:
August 28, 1992 September 4, 1992
R. Tern- Smith Signature
Sworn to and subscribed before me this 11th day of Januan-, 1999.
Wend\' E. Criswell '.'iotarv Public ~y Commission Expires June 15, 2001 (SEAL)

50i2 LOCAL .--\..'\D SPECL..\L ACTS .--\..'\D RESOLCTIO:\'S, \'OL. II
\1-109 PROPOSED CHARTER ...\\lE:\'D\lE:\'T
CITY OF MARIETTA, GEORGI...\ HEARI:\'G DATES SEPTE\1BER 9, 1992
.--\..'\D OCTOBER 14, 1992
Pursuant to O.C.G....\. ~ 3&-35-3 and City Charter Section 2: 16(59), the City of \larietta has proposed to amend its Charter. The proposed amendment would delete subparagraph 10 of Section 4.4 of the Charter of the CitY of \farietta. The effect of this proposed Charter amendment is to delete the requirement that the City \fanager also sen-e as the manager of the Board of Lights and \-\'aterworks. The public hearing dates for the proposed Charter amendment will be on September 9, 1992, and October 14, 1992, at i:00 p.m. in City Hall for the CitY of Marietta, Council Chambers. Any member of the public is welcome to comment on this proposed Charter amendment. ...\ copy of the proposed Charter amendment is on file ,rith the Clerk of Superior Court of Cobb County, Georgia and is on file with the Clerk of the City of Marietta, Georgia.
Executed this 18th day of August, 1992.
SHEIL..\ R. HILL CLERK, CITI' OF \'L..\RIETTA,
GEORGL..\ 8;28, 9-4
Filed in the Office of the Secretary of State January 11, 1999.

CITI' OF \L..\RIETTA - CITY \'L--\..'\...\GER; RESIDE:\'CY

COC:\'CIL BILL ;'JO. 380i94

ORDl:\',--\..1\'CE BILL NO. 5263

A:\' ORDI:\'...\'.\.CE .-\\1.E:\'DING THE CITY CH...\RTER OF \l..\RIETTA, GEORGL..\

To delete the requirement that the City \fanager be a resident of within the City of Marietta, Georgia

BE IT ORDAI:\'ED BY THE \-L..\YOR .--\.,. D COC;'JCIL OF THE CITI' OF \'L..\RIETT...\, GEORGL..\, THAT:

Section 1. That the last sentence of Section 4.2(b) of the Charter of the City of Marietta, Georgia is hereby amended by deleting said sentence. The sentence being deleted by this Charter Amendment reads as follows:

"...\t the time of his appointment he need not be a resident of the city or the state, but during his tenure of office he shall reside within the cit\.

Section 2. The adoption of this Charter Amendment follows:

GEORGI.-\ L\WS 1999 SESSIO:'\

5073

a) The publication of notice in the local newspaper, as required by law;

b) The holding of the first of two public hearings at two regular consecutiYe meetings of the municipal goYerning authority, not less than seYen (7) nor more than sixty (60) days apart; and

c) The filing of the proposed amendment with the Clerk of Superior Court and the Clerk of the City of \-Iarietta, Georgia.

Section 3. It is hereby declared to be the intention of this Ordinance that its sections, paragraph~, sentences, clauses and phrases are seYerable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or inYalid, it shall not affect am of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance.

Section 4. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.

Section 5. This Ordinance shall become effectiYe upon the signature or without the signature of the \fayor, subject to Georgia laws 1983, page 4119.

FIRST RE.-\DI:'\G

\'OTES FOR: 7

\'OTES .-\G,\l:'\ST: 0

DATE: Februan 9, 1994

.-\PPRO\'ED: ..\...'\'SLEY LITTLE \IEADERS, Mayor

ATTEST: SHEIL\ R. HILL, City Clerk

SECO~D RE.-\DI'.\iG \'OTES FOR: 7

\'OTES .-\GAl'.\iST: 0

DATE: \-larch 9, 1994

.-\PPRO\'ED: ..\...'\iSLEY LITTLE \,IE.-\DERS, Mayor

ATTEST: SHEIL\ R. HILL, City Clerk

'.\iOTICE OF FILING OF DOCC\,IE:'\TS \'\1TH
CLERK OF THE CITY OF MARIETTA, GEORGL\

.A.\ilE'.'iDME'.\iT OF MC:'.\:ICIP.-\L CHARTER OF
CITY OF \1..-\.RIETT.-\, GEORGI.-\

TO: Clerk, City of \,larietta, Georgia

WHERE.AS, the City of \,Iarietta, pursuant to O.C.G..-\. 36-35-3, will conduct two public hearings on the issue of whether or not to adopt certain changes to the Municipal Charter, and,

50i4 LOCAL .-\.'\D SPECIAL ACTS .-\.'\D RESOLLTIO:':S, \'OL. II

\.\1-IERE.-\.S, Georgia law requires that the proposed amendments be filed with this office,

:\'OW THEREFORE, the CitY of \farietta hereby files with this office the

following documentation:



1. Proposed Amendment regarding Section 4.2 of the \1arietta City Charter dealing with the residency requirements of the City \1anager.

2. Proposed .-\.mendments to Section 4.11 of the Marietta City Charter dealing with the \fonicipal Court Clerk.

3. Proposed Amendments to the Charter of the City of Marietta dealing with the \1arietta of Lights and Water.

Please be adYised that public hearings will be held on these proposed amendments on FEBRCARY 9, 1994 and \-URCH 9, 1994, both at 7:00 o'clock p.m. in Council Chambers for the City of \farietta, Georgia.

This 2nd day of FebruarY, 1994.
Respectful submitted, DOCGL-\S R. H.-\Y:'l:IE State Bar :'l:o. 340800 Cit\.' .-\.ttorne\.' for Cit\.' of \-larietta, Georgia

HA\".\:IE & LITCHFIELD, P.C. 222 Washington A,enue \farietta, GA 30060 (404) 422-8900

CITY OF MARIETTA COBB COUNTY, GEORGIA

I, R. Tern- Smith, holding the position of President, the official gazette for the legal adYertisements in Cobb County, Georgia, do hereby certify that the ad for the City of \farietta, GA was nm in the \farietta Daily Journal on the following dates:
February 4, 1994 February 18, 1994 \1arch 4, 1994
R. Tern- Smith Signature

Sworn to and subscribed before me this 11th day of JanuarY, 199~.

Wend\' E. Criswell :'l:otar\' Public

GEORGIA L\WS 1999 SESSIO::'\

50i5

:\1y Commission Expires June 15, 2001. (SEAL)

:\1-84i ::'\EWSP.-\PER .-ill\'ERTISE:\-lE::'\T PROPOSED CHARTER A:\-lE::'\D:\-lE!'\TS CITY OF MARIETTA, GEORGIA HE.-\Rl!'\GS DATES FEBRCARY 9, 1994 .-\."'\'D
MARCH 9, 1994

Pursuant to O.C.G.A. 36-35-3, the City of Marietta has proposed to

amend it's Charter. The Charter Amendments to be considered bY the

Ma,rnr and Council for the CitY, of Marietta:



1. A Charter ..\mendment deleting the requirement that the City :\-lanager be a resident of the City of Marietta, Georgia (Section 4.2(b) ).

2. An Amendment which would delete the requirement that the Municipal Court Clerk be appointed by the Mayor with concurrence of Council (Section 4.ll(c));

3. The Charter Amendments relatiYe to the Board of Lights and Water propose to prmide for the officers and their functions, as outlined, and to establish the position of Board :\fanager as set forth therein. Other amendments deal with operating companies and with the power to create and operate certain systems, all as contained the amendment itself.

A copy of the proposed Charter Amendments are on file with the Clerk of Superior Court of Cobb County and are on file with the Clerk of the City of Marietta, Georgia. The public hearing dates for the proposed Charter Amendments will be February 9, 1994 and :\-larch 9, 1994 at i:00 p.m. in CitY Hall for the CitY of Marietta, Council Chambers...\Jw member of the public is welcome t~ examine and inspect the proposed :..\.mendments.

Executed this 31st day OfJanuary, 1994.

Sheila R. Hill Clerk, City of Marietta, Georgia
2:4, 13, 3:4

Filed in the Office of the Secretary of State January 11, 1999.

CITY OF MARIETTA - MC::'\ICIPAL COCRT; CLERK

COC:'JCIL BILL '.\/0. 380894

ORDI!'\.-\.1\iCE BILL :'JO. 5264

.-\."'\' ORDI!'\.-\.1'/CE AME'.'l'DI~G THE CITY CHARTER OF M.-\RIETTA, GEORGIA

To proYide for the deletion of Section 4.ll(c) of the Charter of the City of Marietta, Georgia

5076 LOCAL A.'W SPECIAL ACTS .\..'\D RESOLCTIO'.'\S, \'OL. II

BE IT ORD.-\1:'\'ED BY THE \IL.\.YOR .\..'\D COL.'.'\CIL OF THE CITY OF MARIETTA GEORGI.-\, THAT:

Section 1. The Charter of the City of \ilarietta, Georgia is hereby amended by deleting Section 4.11 (c). Said section reads as follows:

.. (c) A municipal court clerk may be appointed to serYe at the pleasure of the mayor and upon concurrence of the mayor and a majority of the city council, and such municipal court clerk is subject to remoYal upon the concurrence of the mayor and a majority of council. The duties of said municipal court clerk shall be proYided for by ordinance . The compensation of such clerk shall be fixed by ordinance ..,

Section 2. The adoption of this Charter Amendment follows:

a) The publication of notice in the local newspaper, as required by law;

b) The holding of the first of two public hearings at two regular consecutiYe meetings of the municipal gmerning authority, not less than seYen (7) nor more than sixty (60) daYs apart: and

c) The filing of the proposed amendment with the Clerk of Superior Court and the Clerk of the Cit\' of \farietta, Georgia.

Section 3. It is hereby declared to be the intention of this Ordinance that its sections, paragraphs, sentences, clauses and phrases are seYerable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or inYalid, it shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance.

Section 4. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.

Section S. This Ordinance shall become effectiYe upon the signature or without the signature of the Mayor, subject to Georgia la\,s 1983, page 4119.

FIRST READING VOTES FOR: 7
DATE: Februarv 9, 1994

VOTES AGA.I:\iST: 0
APPROVED: A.'.\JSLEY LITTLE MEADERS, Mayor

ATTEST: SHEILA R. HILL, City Clerk

SECOND READING VOTES FOR: 7
DATE: March 9, 1994

VOTES .-\GA.INST: 0
APPROVED: ANSLEY LITTLE MEADERS, Mayor

GEORGIA L\.WS 1999 SESSIO!\'

5077

ATTEST: SHEIL\. R. HILL, City Clerk
!\'OTICE OF FILl:-.;'G OF DOCC'.\IE!\'TS \\1TH
CLERK OF SCPERIOR COCRT OF COBB COC:!\:IT, GEORGL\.
A\-IE:-.;'D'.\IE!\'T OF MC:!\:ICIPAL CHARTER OF
CITY OF MARIETTA, GEORGIA
TO: Clerk, Superior Court of Cobb County, Georgia
\\1-IERE.-\.S, the City of Marietta, pursuant to O.C.G.A. 36-35-3, will conduct two public hearings on the issue of whether or not to adopt certain changes to the '.\lunicipal Charter, and,
\\1-IERE..-\.S, Georgia law requires that the proposed amendments be filed with this office,
="lOW THEREFORE, the City of '.\larietta hereby files with this office the following documentation:
1. Proposed Amendment regarding Section 4.2 of the :Vlarietta City Charter dealing with the residency requirements of the City Manager.
2. Proposed Amendments to Section 4.11 of the Marietta City Charter dealing with the '.\fonicipal Court Clerk.
3. Proposed Amendments to the Charter of the City of Marietta dealing with the Marietta of Lights and Water.
Please be adYised that public hearings will be held on these proposed amendments on FEBRL\.RY 9, 1994 and MARCH 9, 1994, both at 7:00 o'clock p .m. in Council Chambers for the City of Marietta, Georgia.
This 2nd day of FebruarY, 1994.
Respectfully submitted, DOL'GL-\.S R. HA\'!'\IE State Bar !\'o. 340800 CitY. Attorney. for CitY. of :Vlarietta, Georgia
HA\';\'IE & LITCHFIELD, P.C. 222 Washington AYenue :Vlarietta, GA 30060 (404) 422-8900
CITY OF MARIETTA COBB COUNTY, GEORGIA
I, R. Tern Smith, holding the position of President, the official gazette for the legal ad,ertisements in Cobb County, Georgia, do hereby certify

50i8 LOCAL ,-\..'\'D SPECIAL ACTS A..;"1D RESOLCTIONS, VOL. II

that the ad for the CitY of Marietta, GA was run in the Marietta Daih

Journal on the following dates:

--

Februarv 4, 1994 Februarv 18, 1994 March 4, 1994

R. Tern Smith Signature

Sworn to and subscribed before me this 11th day of Januarv, 199g.

Wendy E. Criswell Notary Public My Commission Expires June 15, 2001 (SEAL)

Yl-84i NEWSPAPER AD\'ERTISEYIE'.\iT PROPOSED CHARTER AMENDME'.\iTS CITY OF MARIETTA, GEORGIA HEARINGS DATES: FEBRL\RY9, 1994 ,-\..'\'D
MARCH 9, 1994

Pursuant to O.C.G..-\. 36-35-3, the City of Marietta has proposed to

amend it's Charter. The Charter Amendments to be considered bY the

Mayor and Council for the City of Ylarietta:



1. A Charter Amendment deleting the requirement that the City Ylanager be a resident of the City of Marietta, Georgia (Section 4.2(b)).

2. An Amendment which would delete the requirement that the Ylunicipal Court Clerk be appointed by the Mayor with concurrence of Council (Section 4.ll(c));

3. The Charter Amendments relati\'e to the Board of Lights and Water propose to proYide for the officers and their functions, as outlined, and to establish the position of Board Manager as set forth therein. Other amendments deal with operating companies and with the power to create and operate certain systems, all as contained the amendment itself.

A copy of the proposed Charter Amendments are on file with the Clerk of Superior Court of Cobb County and are on file with the Clerk of the City of Marietta, Georgia. The public hearing dates for the proposed Charter Amendments will be February 9, 1994 and Ylarch 9, 1994 at i:00 p.m. in Citv Hall for the Citv of Marietta, Council Chambers. A.in- member of the public is welcome t~ examine and inspect the proposed Amendments.

Executed this 31st day ofJanuary, 1994.

GEORGIA L-\WS 1999 SESSIOX
Sheila R. Hill Clerk, City of \farietta, Georgia
2:4, 18, 3:-! Filed in the Office of Secretary of State Januan 11, 1999.

5079

CITY OF \IL\RlEITA - BOARD OF '"'ATER A.'\'D LIGHTS; CHA.IRPERSO!\'; \'ICE CH..-\IRPERSOX; BOARD \IL\X..-\GER.

COCXCIL BILL ::--:o. 380994

ORDI::--:A..'\'CE BILL XO. 5265

A.'\' ORDIX..-\.'.\'CE ..-\.v. lEXDIXG THE CITY CHARTER OF .\URIETT.-\, GEORGIA

To proYide for the amendments to the Charter for the City of \ilarietta, Georgia, which amendments apply to the \larietta Board of Lights and Water

BE IT ORD..-\IXED BY THE .\UYOR ..-\...'\'D coc::--:CIL OF THE CITY OF '.\1...-\RIEITA, GEORGIA, THAT:

Section l. The Charter of the Board of Lights and Water is amended by adding to the end of Section 5.1 thereof the following:

..The Board of Lights and Water shall haYe a Chairperson, a \'iceChairperson, a \ilanager and a Clerk. The Chairperson shall preside at the all meetings, set the agenda and, together with the Clerk, shall execute all documents in the name of the Board of Lights and Water. The Chairperson shall haYe full rnice and Yote. The \'ice-Chairperson shall preside in the absence of the Chairperson and otherwise perform the duties of the Chairperson in the Chairperson's absence or inability to perform such duties. The \'ice-Chairperson shall be elected annually by the Board .\!embers from their number at the first meeting of the calendar Year. The \ilarnr of the CitY of Marietta shall serYe, ex officio, as Chairper~on with rnice and rnte; and the Clerk of the City of \ilarietta shall serYe, ex officio, as Clerk and Secretary of the Board of Lights and Water, \\'ithout Yoice or Yote. The Board .\lanager shall be hired by the City \ilanager of the City of \ilarietta and may be terminated by the City \fanager, either of which actions is subject to the approYal of the Board of Lights and Water. The Board \ilanager shall report to and coordinate with the City \ilanager in all shared departments and shared functions. The Board \ilanager shall haYe Yoice but no Yote at the meetings of the Board of Lights and Water."

Section 2. The first sentence of Section 5.2 of the Charter of the Board of Lights and Water is hereby deleted and a new first sentence is hereby substituted therefor as follows:

..Said board shall haYe the power to create, build, operate and supply water systems, electrical systems, cable teleYision systems, sewer systems, telecommunications systems and all other utilities."

5080 LOCAL A.'.'\D SPECIAL ACTS .-\.,D RESOLCTIO:'\S, \'OL. II

Section 3. Section 5.14 of the Charter of the Board of Lights and \\'ater is repealed and a new Section 5.14 is hereby substituted therefore as follows:

..Section 5.14 Operating Companies.

The Board of Lights and Water, with the concurrence of the '.\farietta City Council, may establish from time to time, such non-profit corporations as it may deem necessary or desirable for the contractual operation of such utility function or functions as the Board may see fit. prmided the directors of such corporations shall be appointed by the Board of Lights and Water with the concurrence of the '.\larietta City Council, for such terms as the Board of Lights and Water may deem desirable.

Section -l. The adoption of this Charter Amendment follows:

a) The publication of notice in the local newspaper, as required by law;

b) The holding of the first of two public hearings at two regular consecutiYe meetings of the municipal goYerning authority, not less than seYen (7) nor more than sixty (60) days apart; and

c) The filing of the proposed amendment with the Clerk of Superior Court and the Clerk of the City of '.\larietta, Georgia.

Section 5. It is hereby declared to be the intention of this Ordinance that its sections, paragraph~. sentences. clauses and phrases are se,erable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or imalid, it shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance.

Section 6. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.

Section 7. This Ordinance shall become effectiYe upon the signature or without the signature of the '.\fayor, subject to Georgia la\\s 1983. page 4119.

FIRST RE..\DI:'\G \'OTES FOR: 7
DATE: February 9, 1994

\'OTES ..\G..\.l:'\ST: 0
..\PPRO\'ED: .-\.,SLEY LITTLE '.\lE.-\DERS, '.\fayor

..\TTEST: SHEIL\ R. HILL, City Clerk

SECO:':D RE..\DI.:-,.;G \'OTES FOR: 7
DATE: March 9, 1994

\'OTES AG..\.l:':ST: Q
APPRO\'ED: .-\.~SLEY LITTLE '.\lE.-\DERS, '.\fayor

GEORGI.-\ L-\WS 1999 SESSIO!'\

5081

ATTEST: SHEIL-\ R. HILL, City Clerk
:'\OTICE OF FILI:'\G OF DOCC'.\-IE:'\TS \i\lTH
CLERK OF SCPERIOR COCRT OF COBB COC:'\TY, GEORGL-\
.-\..vlE:'\D'.\lE:'\T OF '.\-IC:'\ICIP.-\L CHARTER OF
CITY OF '.\L-\RIETT.-\, GEORGL-\
TO: Clerk, Superior Court of Cobb County, Georgia
WHEREAS, the City of '.\-larietta, pursuant to O.C.G..-\. 36-35-3, will conduct two public hearings on the issue of whether or not to adopt certain changes to the '.\-hmicipal Charter, and,
WHEREAS, Georgia law requires that the proposed amendments be filed with this office,
:'\OW THEREFORE, the City of '.\-larietta hereby files with this office the following documentation:
1. Proposed Amendment regarding Section 4.2 of the '.\-larietta City Charter dealing with the residency requirements of the City '.\-lanager.
2. Proposed Amendments to Section 4.11 of the '.\-larietta City Charter dealing with the '.\-lunicipal Court Clerk.
3. Proposed Amendments to the Charter of the City of '.\-larietta dealing with the '.\-larietta of Lights and Water.
Please be adYised that public hearings will be held on these proposed amendments on FEBRC.-\RY 9, 1994 and '.\,L-\RCH 9, 1994, both at 7:00 o'clock p.m. in Council Chambers for the City of '.\-larietta, Georgia.
This 2nd day of FebruarY, 1994.
Respectfully submitted, DOL.GL-\S R. HAY.\lIE State Bar :'.',;o. 340800 CitY. .-\ttorneY. for CitY. of Marietta, Georgia
HAYNIE & LITCHFIELD, P.C. 222 Washington A,enue Marietta, GA 30060 (404) 422-8900
CI'IY OF MARIETTA COBB COUN'IY, GEORGIA
I, R. Tern- Smith, holding the position of President, the official gazette for the legal adYertisements in Cobb County, Georgia, do hereby certify

5082 LOC.-\L ..\...'\D SPECIAL .-\CTS AXD RESOLCTIO:'\S, \'OL. II

that the ad for the CitY of :Vlarietta, G.-\ was run m the :Vlarietta Daih-

Journal on the following dates:

--

Februar\' 4, 1994 February 18, 1994 :Vlarch 4, 1994

R. Tern Smith Signature

Sworn to and subscribed before me this 11th day of Januan , 199~.

\\'end\' E. Criswell :'\otarY Public .\ly Commission Expiresjune 15. 2001 (SEAL)

:'\EWSP.-\PER .-ill\'ERTISE.\IE:'\T PROPOSED CH.\RTER A.\lE:'\D.\lE:'\TS
CITY OF .\L\RIETTA, GEORGI.-\ HE.\R.I:'\G DATES: FEBRL\R\'9, 1994 ..\...'\D
\t\RCH 9, 1994

Pursuant to O.C.G.A. 36-35-3, the City of :Vlarietta has proposed to amend it's Charter. The Charter Amendments to be considered bY the :vlaY. or and Council for the CitY. of .\larietta:
1. A Charter Amendment deleting the requirement that the CitY :vlanager be a resident of the City of :Vlarietta, Georgia (Section 4.2(b) ).

2. .-\.n Amendment which would delete the requirement that the .\-Iunicipal Court Clerk be appointed by the .\layor with concurrence of Council (Section 4.ll(c)):

3. The Charter Amendments relatiYe to the Board of Lights and Water propose to proYide for the officers and their functions. as outlined, and to establish the position of Board .\1anager as set forth therein. Other amendments deal with operating companies and with the power to create and operate certain systems, all as contained the amendment itself.

A copy of the proposed Charter Amendments are on file with the Clerk of Superior Court of Cobb County and are on file with the Clerk of the City of .\1arietta, Georgia. The public hearing dates for the proposed Charter Amendments will be February 9, 1994 and .\,larch 9, 1994 at i:00 p.m. in CitY Hall for the CitY of :vlarietta, Council Chambers. .-\m member of the public is welcome t~ examine and inspect the proposed \mendments.

Executed this 31st day ofJanuary. 1994.

GEORGI..\. L\WS 1999 SESSIO!':
Sheila R. Hill Clerk, City of \larietta, Georgia
2:-l, 18, 3:-l
Filed in the Office of the Secretary of State January 11, 1999.

5083

CITY OF \L\.RIETT..\. - '.\.L\YOR ..\.,D COL"~CIL; CO\-IPE:,.;SATIO~.

COL"~CIL BILL ~O. 381694

ORDl~..\.'l.iCE BILL ~O. 5292

..\.~ ORDIX.\.,CE ..\.\IE~DI~G THE CIT\' CHARTER OF \1..\.RIETT..\., GEORGL.\.

To pHwide for a change in the compensation for the \fayor of the City of \farietta and the members of CitY. Council for the CitY. of \larietta as shown herein.

BE IT ORD..\.I~ED BY THE \l..\.\'OR ..\.'l.iD COL"~CIL OF THE CITI' OF \ I..\.RIETT..\., GEORGL.\., TH..\.T:

Section l. The first sentence of the second paragraph of Section 2.12 is hereby deleted in its entirety and the following language is substituted in lieu thereof. Otherwise, said Section 2.12 shall remain unamended:

"l"ntil changed by ordinance, the mayor shall be paid a salary ofS13,200 per year, payable in equal monthly installments of $1 ,100 for attending council and committee meetings, plus S160 monthly. for expenses. l"ntil changed by ordinance, all other members of the council shall receiYe a salary of S8,-l00 per year, payable in equal monthly installments of $700 for attending council and committee meetings, plus Sl50 monthly for expenses ...

The effecti,e date of this amendment shall be the first \tlonday in January, 1998.

Section 2. The adoption of this Charter ..\.mendment follows:

a) The publication of notice in the local newspaper, as required by law;

b) The holding of the second of two public hearings at two regular consecuthe meetings of the municipal gmerning authority. not less than seYen (7) nor more than sixty (60) days apart; and

c) The filing of the proposed amendment with the Clerk of Superior Court and the Clerk of the City of \farietta, Georgia.

Section 3. It is hereb, declared to be the intention of this Ordinance that its sections, paragraph~. sentences, clauses and phrases are seYerable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or i1walid, it shall not affect any of the

5084 LOCAL .-\...,D SPECIAL ACTS A,D RESOLCTIO~S. \'OL. II

remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance.

Section 4. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.

Section 5. This Ordinance shall become effectiYe upon the signature or without the signature of the '.\1ayor, subject to Georgia laws 1983, page 4119. Howe,er, the effectiYe date of the implementation of this change in compensation for the '.\fayor and Council shall be the first Ylonday in January, 1998.

FIRST READl:\'G

\'OTES FOR: i

\'OTES ...\.G.\.l'.'\ST: 0

DATE: February 9, 1994

...\.PPRO\'ED: .-\...,SLEY LITTLE '.\lE.-illERS, '.\fayor

ATTEST: SHEIL\ R. HILL. City Clerk

SECO'.\'D READl'.\'G

\'OTES FOR: i

\'OTES ...\.G.\.l'.'\ST: 0

DATE: March 9, 1994

...\.PPRO\'ED: .-\..,. SLEY LITTLE '.\lE.-illERS, '.\fayor

ATTEST: SHEIL\ R. HILL, City Clerk

COMPE:\'SATIO:\' OF '.\'l\YORITI' COC'.\'CIL I'.'\ SCRROC'.'\DI'.'\G COBB COC:\'TI' CITIES:

c1n:

'.\L.\YOR" ' '.\L-\\OR PRO TDI CO'.\IPE:--S.UIO'.\

COL.'.\CIL CO'.\IPE:--S.UIO'.\

.-\C\\'ORTH

(PLL'S reimbursement for expenses connected with cit,-sponsored e,ents and tra,el)

.-\L"STELL

S:100

S'.!00

S200

(PLL'S a budget amount of S:1500 for 7 Council persons to share for the total ,ears reimburseables)

S1200

S600

(PLL'S tra\'el reimbursements of approximateh S800 a year. 110 set polic\' for expense reimbursement. mileage reimbursement of S.-28 per mile)

'.\L-\RIETT.-\

S550 salan

S-150 salan

S:150 salar\'

S160 expenses

S150 expenses

S150 expenses

PO\\UER SPRI:--GS S:100 salan

S200 salan

S200 salan

S-150 expenses

S-1:">0 expenses

S-150 expenses

S775

S550

S550

(:--o Expense .-\ccounts: but reimbursed b, actual expenses for cit\'-related e,ents and tra,el)

* .-\II Mayors are considered "part-time..

GEORGL\ L\WS 1999 SESSIO:'\

5085

The Powder Springs \Iayor giYes S150 back to the City

The Austell \laY. or wahes his salan.
CITY OF MARIETTA COBB COUNTY, GEORGIA

I, R. Tern Smith, holding the position of President, the official gazette

for the legal adYertisements in Cobb County, Georgia, do hereby certif\

that the ad for the Cit\' of \farietta, GA was nm in the \farietta Dail\'

Journal on the following dates:

--



\larch -l, 1994 \larch 25, 199-l April 1. 1994 April 8, 199-l

R. Tern Smuu Signature

Sworn to and subscribed before me this 11th day of fanuan, l 99Q

\\'end\' E. Criswell :'\otar\' Public \ly Commission Expires June 15, 2001 (SEAL)

\[ 179 Proposed Charter Amendments and
:'\otice of Intent to Take Action City of \farietta, Georgia
Hearing Dates \larch 9, 1994, and April 13, 1994

Pursuant to O.C.G..\. 36-35-3 and O.C.G..\. 36-35--l, the Cit\' of \farietta has proposed to amend it's Charter and to increase the compensation of the \l.wor and \[embers of Council. The Charter Amendments and compensation to be considered by the \fayor and Council for the City of \Iarietta:

1. The proposed Amendment regarding Section 2.12 of the \farietta City Charter related to the compensation paid to the ~Iayor and \ [embers of City Council. If adopted, the compensation paid the \fayor would be Sl3,200.00 per year and the compensation paid to each member of City Council would be S8,-l00.00 per year. The date of implementation of the salaries, if adopted, would be January 1, 1996.

2. .\ Charter Amendment making numerous changes to the Police and Fire Ci\il Senice Rules and Regulations, which include amendments to Sections -l.13 through -l.20. The amendments deal with the following matters:

5086 LOCAL A:\'D SPECIAL ACTS .-\.'\'D RESOLCTIO:\'S, \'OL. II
The establishment of the Police and Fire CiYil Senice Board, the definitions to be used in relation to the CiYil Senice Board, '.vlembership on the CiYil Senice Board, Terms and \ 'acancies on said Board, the oath of office on such Board, the selection of the Chairman, the conductng of meetings, the Clerk of the Board, the quorum of the Board, minutes, compensation, political actiYity by members of the Fire or Police Department, the effect of recommendation for employment, penalties for ,iolations by a member of a department, penalties for Yiolations by a CiYil Senice Board \ 'lember, rules and regulations, oaths by witnesses, aYailability of records of departments and rights of appeal. It is recommended that any interested person obtain a copy of the proposed amendment from the Clerk of City of \farietta or the Clerk of Superior Court.
A copy of the proposed Charter Amendments are on file with the Clerk of Superior Court of Cobb County and are on file "ith the Clerk of the City of '.vlarietta, Georgia. The public hearing dates for the proposed Charter Amendments \\ill be \larch 9, 1994 and April 13, 1994 at 7:00 p.m., in City Hall for the City of \larietta, Council Chambers. Any member of the public is welcome to examine and inspect the proposed Amendments.
Executed this 21st day of February, 1994.
SHEIL.\ R. HILL CLERK, CITY OF \L.\RIETT.-.\, GEORGL-.\
3;4, 23, 4;1, 8
Filed in the Office of the Secretary of State January 11, 1999.

CITY OF \L-.\RIETTA - \,L-.\RIETTA POLICE .-\.'\'D FIRE CI\1L SER\1CE S\'STE\'1.

COL':\'CIL BILL :\'O. 381794

ORDI:'\.-\.'\'CE BILL :\'O. 5293

.-\.'\' ORDI:'\.-\.'\'CE A\lE:'\DI:'\G THE CITY CHARTER OF \L-.\RIETT.-.\. GEORGL-.\

To delete preYious Sections 4.13 through 4.29 and to substitute in lieu thereof the attached Sections relating to the Police and Fire CiYil Sen-ice.
BE IT ORDA.I:\'ED B\'THE \L-.\YOR .-\.'\'D COC:\'CIL OF THE c1n OF
\,L-.\RIETT.-.\, GEORGL-.\, THAT:

Section 1. Sections 4.13 through 4.29 of the Charter of the City \farietta are hereby deleted in their entirety and the following language is substituted in lieu thereof as follows:

SEE EXHIBIT -x ATTACHED HERETO .-\.'\'D I~CORPORATED HEREI:'\ BY REFERE:\'CE.

Section 2. The adoption of this Charter .-.\mendment follows:

GEORGIA L-\WS 1999 SESSIO'.'11

508i

a) The publication of notice in the local newspaper, as required by law;

b) The holding of the second of two public hearings at two regular consecutiYe meetings of the municipal gmerning authority, not less than seYen (i) nor more than sixty (60) days apart; and

c) The filing of the proposed amendment with the Clerk of Superior Court and the Clerk of the City of .\farietta, Georgia.

Section 3. It is hereby declared to be the intention of this Ordinance that its sections, paragraphs, sentences, clauses and phrases are seYerable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or i1walid, it shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance.

Section 4. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.

Section 5. This Ordinance shall become effectiYe upon the signature or without the signature of the Mayor, subject to Georgia laws 1983, page 4119.

FIRST READI::'\G \'OTES FOR: i
DATE: March 9, 1994

\'OTES AGA.Il\'ST: 0
APPRO\'ED: .--\.~SLEY LITTLE '.VIEADERS, Mayor

ATTEST: SHEIL-\ R. HILL, City Clerk

SECO~D READI~G \'OTES FOR: i
DATE: April 13, 1994

\'OTES AG...\l!\ST: 0
.--\PPRO\'ED: A~SLEY LITTLE MEADERS, Mayor

ATTEST: SHEIL-\ R. HILL, City Clerk

TECH~IC.-\L CORRECTIO~ ADOPTED

\'OTES FOR: i

\'OTES AG...\l~ST: 0

DATE: September 21, 1994 .-\PPRO\'ED: .--\'.\SLEY LITTLE \lE.-\DERS, Mayor

ATTEST: SHEIL-\ R. HILL, City Clerk

5088 LOCAL .-\.\JD SPECIAL ACTS .-\.\JD RESOLCTIOl'\S, \'OL. II

HAY.\iIE & LITCHFIELD, P. C.

..\ITOR~E\'S ..\T L.\\\" '.?'.?'.? \\'..\SHI~GTO~ ..\\"E~l"E

YL.\RIETTA, GEORGIA 80060

Ylr. William J. Buckner
City Ylanager City of Ylarietta Post Office Box 609 :vlarietta, Georgia 30061

April 1-1, 1994

Re: CiYil Senice Board Charter Amendment

Dear Bill:

This letter will reflect the motion passed at last night's Council meeting regarding the Chil Senice Board Charter Amendments. The motion adopted by Council apprmed the Charter Amendments to the Chil SerYice Board as amended on Ylarch 31, 1994 (as attached as Exhibit "A" in the agenda package) with the following two changes:

1. Section 4.30 was added as follows:

All appointments and re-appointments shall be on probation for a period of 12 months from the date of the appointment, and at any time before the expiration date of said probationary period the chief may discharge any probationer in such department and such probationer shall not be entitled to a hearing upon such discharge. If a probationer be not discharged before the expiration of his probation, his appointment shall be deemed complete.

2. The following sentence was added at the end of Section 4.25 as follows:

Cntil rules and regulations are adopted as stated abme, the current rules and regulations pursuant to Part 4 Chapter 2 Section 4-2001 et. sec. shell apply and remain in full force and effect.

Otherwise, Exhibit "A" dated yfarch 31, 1994 was adopted by Council pursuant to the published agenda items.

Sincerely, Douglas R. Haynie

/ah

As Adopted by Council - April 13, 1994

GEORGI.\ L-\WS 1999 SESSIO:'\

5089

POLICE AND FIRE CML SERVICE

Section 4.13

Established

There is hereby established a \farietta Police and Fire CiYil Senice System. All s,rnrn officers of the \farietta Police Department and certified officers of the \farietta Fire Department, except the police chief and fire chief, shall be under the \farietta Police and Fire Chil System hereinafter created, and all persons who may therafter be elected or appointed as s,rnrn or certified officers of said departments (except the chiefs thereof) shall thereafter remain and continue their respectiYe employment as municipal officers and emploYees during satisfactory performance and obedience to CitY la\\s and ordinances and such reasonable rules and regulations as may from time to time be prescribed by the CiYil Sen-ice Board, and adopted by the City Council as hereinafter proYided; howeYer, nothing herein contained shall be construed to preYent or preclude proper adYerse action, up to and including termination, against any officer or member of said fire department or police department for cause.

Section 4.14

Definitions.

The following definitions, as used in this diYision, shall apply.

,\le111bn:s of thl' fire r/f/Jart111e11t. All certified_officers of the department of the rank of deputy chief or below, assistant chiefs, captains, engineers and firefighters, fire inspectors, and such others as such CiYil Sen-ice Board may find and designate to properh be such members, with approYal of the city council.

Mn11bns of tfu, polirr dr/Jart 111r11t. All sworn officers of the department of the rank of deputY chief or below, and such other persons as such CiYil Sen-ice Board may find and designate to properly be such members \\ith apprmal of the Cit, Council.

CIVIL SERVICE BOARD

Section 4.15

Membership; terms; vacancies.

The CiYil Sen-ice Board for the CitY of \farietta shall consist of fiye members at all times and the members shall be appointed or elected as hereafter proYided. The Post 1 and Post 3 members of the CiYil Senice Board shall be appointed by the City Council for the City of \1arietta, as hereafter prmided. The Post 2 and Post 4 members shall be elected, as hereafter prm-ided. bY members of the fire and police departments. The four members as selected herein to fill Post 1, Post 2, Post 3 and Post 4 shall select a fifth member of the CiYil Sen-ice Board who shall be a resident of the city of \farietta and such person so selected shall be the Post 5 member of the CiYil Sen-ice Board. The Post 5 member shall serYe for a term of one year and the selection shall be in \ffiting and signed by the other four post members. In the eYent that the members of the Post 1, Post 2, Post 3 and Post 4 are unable, by majoritY Yote, to select a fifth member, \\ithin thirty

5090 LOCAL A.'\'D SPECIAL .-\CTS .-\.'\'D RESOLCTIO:'\S, \'OL. II
(30) days after their election, all four (4) of said members shall be remo\'ed from the Chil Senice Board and a successor shall immediateh- be selected to replace each such member and the subsequent selection sl~all be made in the manner in which the members were first selected.
The fi\e members of the Chil Sen-ice Board shall be appointed or elected as follows for the terms set forth herein:
Post 1: This member shall be appointed by City Council and shall ser\'e for a three year term which will begin on January I and end on December 31 of the specified term.
Post 2: This member shall be elected by a plurality by the members of the fire and police departments, by secret ballot. The term shall be for a three year term which will begin on January 1 and end on December 31 of the specified term.
Post 3: This member shall be appointed by the City Council and shall ser\'e a three year term which will begin on January 1 and end on December 31 of the specified term.
Post 4: This member shall be elected by a plurality by the members of the fire and police departments, by secret ballot. The term shall be for a three year term which will begin on January 1 and end on December 31 of the specified term.
Post 5: This member shall be appointed by a majority rnte of Post 1, Post 2, Post 3 and Post 4 during the Board's regular January meeting. The initial and all subsequent terms shall be for a one year term which will begin on February 1 and end on January 31 of the following year.
Each Post member shall sen-e in accordance herein and until a successor has been appointed or elected. ~o person shall be eligible to be a member of said Board who: holds any elected gmernmental position, or is employed by, a municipal or county gmernment; is less than 25 years of age; is not a bona fide resident and qualified rnter of said City; has an immediate family member sen-ing in an elected position with said City or has an immediate family member who is currently employed by a city department, or a department properh designated as under Chil Sen-ice jurisdiction as set forth in Section 4.14 of this Code. Immediate family member is defined as spouse, son, daughter, father, mother, brother, sister, step-father, step-mother, step-son, step-daughter, step-brother, step-sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in law. \-!embers of the CiYil Sen-ice Board who are ser\'ing at the time this Code section is officially adopted, who would be ineligible due to this paragraph, may serYe the remainder of their specified terms. The Post 2 and Post 4 members shall sene pursuant to an election which shall be conducted b\' the Clerk of the Board who shall certifr the results to the Cit\' Council. .-.\1( fi\e positions shall be entered on the minutes of the Ci~ Council. .-\t the expiration of the term of each member, the election or

GEORGI.-\ L-\WS 1999 SESSIO'.\:

5091

appointment shall be thereafter by the same method and upon the same terms and conditions as prmided herein .

In the e,ent of a \'acancy upon said Board caused by death, resignation

or other cause, the ,acancy shall be filled as originally proYided herein and

the person filling such \'acancy shall be elected to sene for the unexpired

term. If am member of the Ci\il Senice Board shall miss and fail to attend

any two consecutiYe meetings of the Board duly and properly called as

herein proYided, the council, at any regular or special meeting, may by

resolution terminate the term of such member and declare that a Yacann

exists on said Board, which shall be filled as abme pro,ided.



The Director of Human Resources of the City of \farietta, or his or her designee, shall attend all regular and special meetings of the Board. The Human Resources Director shall cause to be prmided eight hours of training for each board member within the first tweh-e ( 12) months of his or her appointment and annually thereafter four hours training for each member with sen-ice of more than one year, such training shall include but not be limited to-appeal procedures. Such Director shall prmide such training to each Board member as is deemed appropriate by the Director. .-\11 such training proYided by the Director shall be attended by each member of the Board. If the training as prmided by the Director of Human Resources is not completed within the calendar year as specified, the Chairman may, recommend to the Cin, Council te1 mination of the term of such member. The City Council at any regular or special meeting by resolution, with or without a recommendation of the Chairman, may terminate the term of such member and declare that a ,acann exists on such Board and that such rncancy shall be filled as aboYe proYided.

The current terms of the yarious posts are to expire as follows:

Post 1 - December 31, 1994,

Post 2 - December 3 I. 1994

Post 3 - December 31, 1995

Post -1 - December 31, 1995

Post 5 - January 31, 1995

Section 4.16

Oath.

EYery person who shall be elected as a member of such Ci,il Sen-ice Board shall, within 15 days after such election, qualify by taking oath that he is eligible for said office and will execute the duties of the same according to the best of his or her knowledge and ability, and such oath as may be required by the charter of the City and the laws of the State for public offic.ials. Such oath shall be administered by any person authorized by law to administer oaths and a copy thereof filed with the clerk.

5092 LOC.-\L ...\..'\'D SPECIAL .-\CTS ,..\..'\1D RESOLCTIO:\'S, \'OL. II

Section 4.17

Chairman; meetings; clerk, quorum.

Said CiYil Sen-ice Board shall elect bY a majority of the Board one ( 1) of its members as chairman, who shall hold office as such chairman at the pleasure of the Board. The Chairman shall be elected at the January meeting of each year. The duties of the Chairman shall be to preside at all regular and special meetings of the Board, to conduct all hearings of said Board, call special meetings of the Board upon proper notice and perform such other duties as may be prescribed from time to time by the Board. Said CiYil SerYice Board shall hold regular meetings on the third '.\fondays in January. April.July and October, for the transaction ofam business that may come before it and only matters set forth in the notice of the meeting shall be considered at the meeting, except by unanimous consent of all members present. The Chil Senice Board may hold special, adjourned, or called meetings at any time that the same maY be called by the Chairman of said Board or by am two (2) members thereof. In the case of all special or called meetings of the Board, called in the manner herein before prmiclecl, the Clerk of the said Board, ,rhich Clerk shall be the City Clerk or his or her designee, shall issue a notice of the special or called meeting, stating time, place and subject and shall be senecl personalh- upon each member of the Board or left in their usual places of residence at least 24 hours before the time of the meeting. Only matters set forth in the notice of the special or called meeting shall be considered at the meeting. Prmiclecl, howeYer, ifa member absents himself from the cin for more than 30 continuous clays, a meeting may be duly and regularly held upon giYing the requisite notice to the remaining members of the Board. .-\t any regular, special. or called meeting any three (3) members of the Board shall constitute a quorum for the transaction of business and the Yotes of anY three (3) members of the Board shall be sufficient to transact its bu~iness. .-\11 meetings of the Board shall be held in the City Hall, or in such place as the City Council holds its meetings.

Section 4.18

Minutes.

Said CiYil Senice Board shall keep minutes of its meetings and records of all business transacted by it at each meeting. .-\JI such minutes and records shall be open to inspection at all times bY the public and shall be on file in the office of the cin clerk. The cin clerk or his or her designee shall attend all meetings of ~aid CiYil Senice Board and shall keep the
minutes and records of same.

Section 4.19

Compensation.

The compensation of the members of the said Ci,il Senice Board and the Clerk of such Board shall be established bY ordinance bY the Cin Council. The Council shall proYide for the payment of the sala;ies of the members of said CiYil Sen-ice Board and the Clerk of such Board and the payment of all expenses of said Board. If such expenses other than salaries are apprmed by the Council. said expenses shall be proYided in the annual

GEORGI.-\ L-\\\'S 1999 SESSIO:'\

5093

budget for the estimation and appropriation of a sufficient amount to coyer same.

Section 4.20

Political activity by members of fire or police departments prohibited.

(a) ~o officer or employee or member of said fire department or police department shall solicit orally or by letter or otherwise or receiYe or be in any manner concerned in soliciting any ,otes or receiYing any assessment or subscription or contribution of any candidate for any municipal office of the citY.

(b) :'\o member of said fire department or police department shall in any way undertake or threaten to degrade, discharge or demote, or in any manner change the official rank of pay of any officer or employee of said departments, or promise or threaten to do so, for giying or withholding or neglecting to make any contribution of money or any ya)uable thing fi.)r any person, party or for any political purpose whatsoeYer, or for the support of any candidate. :'\o member of said fire department or police department shall receiye any promotion as a reward for his or her support of any candidate or political party, and no member of said fire department or police department shall be reduced in rank or pay or discharged for his or her failure to support any candidate for political office.

Section 4.21

Effect of recommendation for employment.

~o recommendation made by any officer or official, whether said officer or official be a City, County, State or national officer or official, of any person being examined for membership in said departments shall be considered except as the same may apply to the general moral character of the applicant.

Section 4.22

Reserved

Section 4.23

Penalty for violations by member of department.

.-\ny member of the fire department or police department, by appointment under the ciYil sen-ice rules, who shall willfully, or through culpable negligence ,iolate any pro,isions of this diYision, or a1w criminal statue of this state, or such ordinance of this City, or the rules of the said Ci,il Sen-ice Board or of said respectiYe departments shall be subject to disciplinary action up to and including termination of employment.

Section 4.24

Penalty for violation by Civil Service Board member.

.-\m member of the Ci,il Sen-ice Board who shall ,iolate a1w of the proYi~ions of this diYision shall be subject to remoYal by a majorit~ Yote of the council after a full hearing before same and after ha,ing been sened with written notice of the charges against him or her fiye (5) days before the date set for such hearing. The finding of the council upon such a hearing shall be final and conclusiYe and such person so remoYed shall not

5094 LOCAL ,-\.'\'D SPECIAL ACTS ,-\.'\i'D RESOLCTIO:\'S, \'OL. II

thereafter be eligible for reelection upon said board for a period of fiye (5) years. If so remoYed. his or her successor shall be elected in the same manner as he or she was elected.

Section 4.25

Rules and Regulations.

The CiYil SerYice Board shall make rules and regulations to carry out the purpose of this diYision and for:

(a) Political ActiYitY.

(b) GrieYance Process.

(c) Hearings - conduction of.

(d) A..ny such rules and regulations in accordance with the proYisions of this cliYision as it may deem necessary. All such rules, regulations, and qualifications shall be subject to approYal by the Council and shall only be effectiYe on and after the elate of such approYal.

Cntil rules and regulations are adopted as stated aboYe, the current rules and regulations pursuant to Part 4 Chapter 2 Section 4-2001 et. sec. shall apply and remain in full force and effect.

Section 4.26

Hearings.

:\'o non-probationary member of the fire department of the rank of deputy chief or below or of the police department of the rank of deputy chief or below, shall be remoYed, discharged, demoted, adYersely affected by the promotional process or inYoluntarily retired except for cause upon written charges or complaint and after an opportunity for an open public hearing in his or her own defense before the CiYil Senice Board. The chiefs of the fire and police departments shall have the authority to suspend without pay any member of their respective departments upon cause for periods not to exceed 10 days without a hearing by the Civil Service Board. Suspensions for periods in excess of 10 days shall be given pending hearing by the Civil Service Board. Said hearing shall be held within 30 calendar days following the incident or the receipt of official notification of the action, whichever is first, or shall be deemed waived unless all parties concerned agree to an extension in writing to the Board. The charges upon "hich such disciplinary action ,ms taken shall be heard before the CiYil Senice Board after sen-ice upon the person charged "ith a copy of the charges. as herein before proYided. The decision of the Board thereon shall be giYen in writing to all parties and a cop" thereof filed with the Cit\ Clerk. In all proceedings before the Ci,il Senice Board. all members are expected to attend unless preYiously excused by the Chairman. The city attorney shall appear and represent the interest of the City when requested or ordered by the City. The person against whom charges are preferred or the appellant shall haYe the right to employ counsel to represent him at the hearing before said Board. Said Board shall haYe power to subpoena witnesses both on behalf of the City and the accused or

GEORGL-\ L\WS 1999 SESSIO'.\'

5095

appellant and to require the production of any books, papers or records material to the issues in said case, by subpoena to be issued in the same manner as subpoenas are issued by the municipal court, signed by the Chairman of said Board. Said Board shall haYe power to punish for contempt by a fine not exceeding S100 or imprisonment not exceeding se,en (7) calendar days any person \\'illfully failing or refusing to obey such subpoena.

Section 4.27

Witne~s oath.

In the course of any i1westigation by said CiYil Senice Board, any member thereof shall haYe the power to administer oaths to any witness.

Section 4.28

Records of departments; availability.

Except to the extent prohibited by law, the Chil Senice Board shall at all times haYe access to all files, records and data of the fire and police departments of the city, and on request to either the chief of the fire department, the chief of the police department or the city clerk or department of Human Resources, must be furnished with any such record information as may be approYed by the City Council.

Section 4.29

Right of certiorari.

After decision is rendered bY the Ci\il SerYice Board in accordance with the Chil Sen-ice Board rules. any party to the hearing may apply for certiorari to the appropriate Superior Court pursuant to the laws of this State.

Section 4.30

Probation

All appointments and re-appointments shall be on probation for a period of 12 months from the date of the appointment, and at any time before the expiration date of said probationary period the chief may discharge any probationer in such department and such probationer shall not be entitled to a hearing upon such discharge. If a probationer be not discharged before the expiration of his probation, his/ her appointment shall be deemed complete.

CI1Y OF MARIETTA COBB COUN1Y, GEORGIA

I, R. Tern Smith, holding the position of President, the official gazette

for the legal ad\'ertisements in Cobb County, Georgia, do hereby certify

that the ad for the Cit\ of ~farietta, GA was run in the Marietta Daih-

Journal on the following dates: - -



~1arch 4, 1994 Ylarch 25, 1994 April 1, 1994 April 8, 1994

5096 LOCAL .-\XD SPECIAL ACTS .-\.."'\D RESOLL"TIO~S. \'OL. II
R. Tern Smith Signature
Sworn to and subscribed before me this 11th daY of JanuarY, 1999 .
Wench E. Criswell ~otarY Public '.\Iy Commission Expires June 15, 2001 (SEAL)
'.\1-1 i0 AD\ 'ERTISDIE~T PROPOSED CHARTER ..\'.\IE~D'.\IE~TS .-\.."'\D ~0TICE OF I~TE~T TO TAKE ACTIO~ CITY OF '.\URIETT..\, GEORGL-\ HE..\Rl~G DATES: '.\URCH 9, 199-l A~D APRIL
13, 199-l
Pursuant to O.C.G.A 35-36-3 and O.C.G.A. 36-35--l, the CitY of '.\Iarietta has proposed to amend it's Charter and to increase the com.pensation of the '.\layor and '.\lembers of Council. The Charter Amendments and compensation to be considered by the '.\layor and Council for the City of '.\Iarietta:
1. The proposed Amendment regarding Section 2.12 of the '.\farietta City Charter related to the compensation paid to the '.\Iayor and '.\lembers of City Council. If adopted, the compensation paid the '.\layor would be S13.200.00 per year and the compensation paid to each member of City Council would be S8,-l00.00 per year. The date of implementation of the
salaries. if adopted, would be January I. 1998.
2. A Charter Amendment making numerous changes to the Police and Fire CiYil Sen-ice Rules and Regulations. which include amendments to Sections -l.13 through -l.29. The amendments deal with the following matters:
The establishiment of the Police of Fire Chil Sen-ice Board, the definitions to be used in relation to the CiYil Senice Board, '.\lembership on the CiYil Senice Board, Terms and \'acancies on said Board, the oath of office on such Board, the selection of the Chairman, the conduting of meetings, the Clerk of the Board, the quorum of the Board, minutes, compensation. political acti,ity by members of the Fire or Police Department, the effect of recommendation for employment, penalties for ,iolations by a member of a department, penalties for Yiolations by a Chil Sen-ice Board '.\lember, rules and regulations, oath by witnesses, arnilability of records of departments and rights of appeal. It is recommended that any interested person obtain a copy of the proposed amendment from the Clerk of City of '.\Iarietta or the Clerk of Superior Court.

GEORGL-\ L--\WS 1999 SESSIO:\'

509i

.--\ copy of the proposed Charter Amendments are on file "ith the Clerk of Superior Court of Cobb County and are on file with the Clerk of the City of Ylarietta, Georgia. The public hearing dates for the proposed Charter Amendments will be ~farch 9, 1994 and April 13, 1994 at i:00 p.m., in City Hall for the City of Marietta, Council Chambers. Any member of the public is welcome to examine and inspect the proposed Amendments.
Executed this 21st day of February, 1994.
SHELi.-\ R. HILL CLERK, CITY OF \1..--\RIETTA, GEORGL-\
3;4,25,4; 1,8
Filed in the Office of the Seo:etary of State January 11, 1999.

CITY OF \1..--\RIETT.--\ - CI\1L SER\1CE BOARD; HE.--\RI:\lGS; CO:\'Tl;\;L\.~CES.

COC:\lCIL BILL ~O. 391494

ORDI;\;,--\.l'\iCE BILL ~O. 5348

.--\.1\' ORDl!\.--\.~CE .--\ME~DI~G THE CITY CHARTER OF \1..--\RIETT.--\, GEORGL--\

To proYide for a change in Section 4.26 of the Marietta City Charter related to the CiYil Sen-ice Board, said section entitled .. Hearings" and to clarify the language relating to the granting of continuances by the Board, and the language related to the calculation of the thirty (30) day appeal period.

BE IT ORD.--\1;',;ED BY THE YL--\YOR .--\.~D COC~CIL OF THE CITY OF YL--\RIETT.--\, GEORGL-\, THAT:

Section 1. The fourth (4th) sentence of the second paragraph of Section 4.26 is hereby deleted in its entirety and the following language is substituted in lieu thereof. Otherwise, said Section 4.26 shall remain unamended:

"Said hearing shall be held within thirty (30) calendar days follo\\ing the receipt by the affected member of official notification of the action or shall be deemed waiYed unless the Board grants an extension upon the request of any part\'...

Section 2. The adoption of this Charter Amendment follmrs:

a) The publication of notice in the local newspaper, as required by law;

b) The holding of the first of two public hearings at two regular consecutiYe meetings of the municipal goYerning authority, not less than seYen (i) nor more than sixty (60) days apart; and

c) The filing of the: proposed amendment with the Clerk of Superior Court and the Clerk of the City of Marietta, Georgia.

5098 LOC.-\L .\'.\iD SPECIAL .-\CTS ..\..'\D RESOLL.TIO;l.;S. \'OL. II

Section 3. It is hereby declared to be the intention of this Ordinance that its sections. paragraphs, sentences. clauses and phrases are seYerable. and if any section. paragraph. sentence, clause or phrase of this Ordinance is declared to be unconstitlltional or inrnlid, it shall not affect a1w of the remaining sections. paragraphs. sentences. clauses or phrases of this Ordinance.
Section -t .\II Ordinances or parts of Ordinances in conflict with this
Ordinance are hereby repealed.

Section 5. This Ordinance shall become effecthe upon the signature or without the signature of the \layor. subject to Georgia laws 1983. page --l 119.

FIRST READING VOTES FOR: 7
D.-\TE: .\ugust 10, 1994

VOTES AGAINST: 0
.-\PPRO\'ED: .-\'-;SLEY LITTLE \IE.-\DERS. \layor

ATTEST: SHEIL-\ R. HILL. City Clerk

SECOND READING VOTES FOR: 7

VOTES AGAINST: 0

D.-\TE: September 21. 199--l .-\PPRO\'ED: .-\;1.;SLEY LITTLE \lE.-\DERS. \layor

ATTEST: SHEIL-\ R. HILL. City Clerk

FILED l;I.; CLERKS OFFICE
THIS 26th D.-\Y OF Iuh 1994

.-\T 8:58 O'CLOCK ..\..\1

Sheila R. Hill

-

CITY CLERK

;1.;OTICE OF FILI:\G OF DOCC\IE'.\TS WITH
CLERK OF THE CITY OF \L-\RIETT.-\. GEORGI.\

..\..\IE;l.;D\IE~T OF \ll.;1.;ICIP.-\L CHARTER OF
CITY OF \L-\RIETT.-\. GEORGI.-\

TO: Clerk, City of \larietta, Georgia
\\1-IERL\S. the City of \larietta. pursuant to O.C.G..-\. ~36-35-3 and O .C.G..-\. ~36-:F>---l. will conduct two public hearings on the issue of whether or not to adopt certain changes to the \hmicipal Charter. and.

GEORGI.-\ L-\WS 1999 SESSIO:'\

5099

WHERE.-\S, Georgia law requires that the proposed amendments be filed with this office,

:'\OW THEREFORE. the City of '.\farietta hereby files with this office the following documentation:

1. The proposed .-\mendment to Section -1.26 of the '.\farietta CitY Charter related to the Chil Sen-ice Board.

Please be ad,ised that public hearings will be held on these proposed amendments on ACGCST JO. 199-l and SEPTDIBER 21. 199-l. both at i:00 o'clock p.m. in Council Chambers for the City of '.\larietta. Georgia.
This 26th day of Iuh. 199-l.

HA\':'\IE & LITCHFIELD, P.C. 222 Washington .-henue '.\larietta. G.-\ 30060 (-10-l) -122-8900

Respectfully submitted, DOCGL-\S R. HAY:'\IE State Bar :'\o. 3-10800
CitY. Attorney. for CitY. of
'.\larietta, Georgia

CI1Y OF MARIEITA COBB COUN1Y, GEORGIA

I. R. Tern Smith, holding the position of President, the official gazette for the legal ad,ertisements in Cobb County. Georgia, do hereby certif\ that the ad for the City of '.\farietta, G.-\ was run in the '.\farietta Daily Journal on the following dates:
(uh 29. 1994 .\ugust S, 1994 August 12. 199-l .\ugust 19, 199-l
R. Tern Smith Signature
Sworn to and subscribed before me this I Ith day of fanuan, 199~.
Wend, E. Criswell :",;otan Public '.\-ly Commission Expires June 15, 200 l (SE.-\L)

5100 LOCAL ..\..'\lD SPECIAL ACTS ..\..'\lD RESOLCTIO'.\:S, \'OL. II
M-063 PROPOSED CHARTER AMENDMENT AND NO-
TICE OF INTENT TO TAKE ACTION CITY OF MARIETTA, GEORGIA
HEARING DATES: AUGUST 10, 1994 AND SEPTEMBER 21, 1994
Pursuant to O.C.G..--\. ~36-35-3 and O.C.G.A 36-35-1, the CitY of :\ilarietta has proposed to amend it's Charter by amending Section 4.26 of the CiYil Senice Board Rules. The Charter Amendment to be considered replaces the current fourth (4th) sentence of said section with the following language:
1. "Said hearing shall be held within thirtY (30) calendar days following the receipt by the affected member of official notification of the action or shall be deemed waiYed unless the Board grants an extension upon the request of any party."
A copy of the proposed Charter Amendment is on file with the Clerk of Superior Court of Cobb County and is on file with the Clerk of the City of \ilarietta, Georgia. The public hearing dates for the proposed Charter Amendment will be ACGCST 10, 1994 and SEPTE\ilBER 21, 1994 at 7:00 p.m. in City Hall for the City of \ilarietta, Council Chambers. Any member of the public is welcome to examine and inspect the proposed Amendments.
Executed this 25th day July, 1994.
7:29 8: 5, 12, 19
Filed in the Office of the Secretary of State January 11, 1999.

CITY OF M..--\RIETTA - \ilC:\'ICIPAL COCRT; PROBATION FEE.

COC:\'CIL BILL l\iO. 394294

ORDI:\..\..'\lCE BILL NO. 5361

AN ORDINANCE AMENDING THE CITY CHARTER OF MARIETTA, GEORGIA

To proYide for a change in the Probation Fee for the Municipal Court for the CitY of :\ilarietta as shown herein.

BE IT ORD.--\I'.\iED BY THE .--\YOR ..\..'\lD COCNCIL OF THE CITY OF \iL--\RIETTA, GEORGL--\, THAT:

Section 1. The last sentence of Section 6.8 of the Charter is hereby deleted in its entirety and the following language is substituted in lieu thereof. Otherwise, said Section 6.8 shall remain unamended:

"The probation office may collect from a defendant on probation a monthly probation fee not to exceed $30, as set by the municipal court judge."

GEORGI.-\ L\WS 1999 SESSIO:'\

5101

Section 2. The adoption of this Charter .-\mendment follows:

a) The publication of notice in the local newspaper, as required by la\\;

b) The holding of the first of two public hearings at two regular consecutiYe meetings of the municipal goyerning authority, not less than seYen (i) nor more than sixty (60) days apart; and

c) The filing of the proposed amendment with the Clerk of Superior Court and the Clerk of the City of \farietta, Georgia.

Section 3. It is hereby declared to be the intention of this Ordinance that its sections, paragraphs, sentences, clauses and phrases are seYerable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or inYalid, it shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance.

Section 4. .-\11 Ordinances or parts of Ordinances in conflict With this Ordinance are hereby repealed.

Section 5. This Ordinance shall become effectiYe upon the signature or without the signature of the \Iayor, subject to Georgia laws 1983. page 4119.

FIRST RFADING VOTES FOR: i

VOTES AGAINST: 0

D.-\TE: October 12, 1994

.-\PPRO\ 'ED: .-\."\SLEY LITTLE \IE.-\DERS. \Iayor

.-\TTEST: SHEIL\ R. HILL, City Clerk

SECOND RFADING VOTES FOR: i

VOTES AGAINST: 0

D.-\TE: :'\O\ember 9, 1994

.-\PPRO\ 'ED: .-\..,SLEY LITTLE \IE.-\DERS, \fayor

.-\TTEST: SHEIL-\ R. HILL. City Clerk

.-\PPRO\'ED .-\S TO FOR\-1: D.R. Hamie
CitY. .-\ttorneY.
Cl1Y OF MARIETTA COBB COUNTY, GEORGIA

I, R. Tern- Smith, holding the position of President, the official gazette for the legal adYertisements in Cobb County, Georgia, do hereby certify

5102 LOCAL .-\."D SPECIAL ACTS .-\.,D RESOLL'TIO:'\S, \'OL. II

that the ad for the CitY of '.\farietta, GA was nm in the :Vlarietta Daih-

Journal on the following dates:

--

October 7, 1994 October 21, 1994 :'\oyember 4, 1994

R. Tern Smith Signature

Sworn to and subscribed before me this 11th day of Januan, 199~

Wendy E. Criswell :'\otan Public :Vly Commission Expires June 15, 2001 (SEAL)

M-963 PROPOSED CHARTER AMENDMENT AND NO-
TICE OF INTENT TO TAKE ACTION CITY OF MARIETTA, GEORGIA
HEARING DATES: OCTOBER 12, 1994 AND NOVEMBER 9, 1994

Pursuant to O.C.G..\.. 3~35-3 and O.C.G..\. 3~35-4, the City of :Vlarietta has proposed to amend it's Charter by amending Section 6.8 of the City of :Vlarietta Charter. The Charter Amendment to be considered increases the probation fee to a maximum of thirty (530.00) dollars.

.-\ copy of the proposed Charter Amendment is on file with the clerk of Superior Court of Cobb County and is on file with the Clerk of the City of :Vlarietta, Georgia. The public hearing dates for the proposed Charter Amendment will be OCTOBER 12, 1994 and :\'O\'E:VIBER 9, 1994 at 7:00 p.m. in City Hall for the City of :Vlarietta, Council Chambers. Any member of the public is welcome to examine and inspect the proposed Amendments.

Executed this daY , 1994.

SHEIL\ R. HILL CLERK, CITY OF MARIETTA, GEORGI.\.
10:7, 21, 11:4

Filed in the Office of the Secretary of State January 11, 1999.

GEORGIA L-\WS 1999 SESSIO'.'\

5103

CITY OF :VL-\RIETTA - CIVIL SER\1CE BOARD; :VIEETI'.'\GS.

COUNCIL BILL NO. 400795

ORDINANCE NO. 5-102

AN ORDINANCE

AMENDING the \farietta CitY Charter and Code to allow more flexibilitY for the :Vlarietta CiYil Senice Board quarterly meetings, and to reflect hours instead of daYs of suspension of fire fighters.

WHEREAS, the :Vlarietta CiYil Senice Board has requested more flexibility for scheduling quarterly meetings; and

WHEREAS, the 10 days suspension of CiYil Senice Board employees should be designated as hours instead of days.

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MARIETTA, GEORGIA THAT:

Section 1: Amending Section 4.17 of the Charter as follows:

"That the CiYil Sen-ice Board shall hold regular meetings in the first month of each quarter (January, April, July and October) for the transaction of any business that comes up."

Section 2: Amending Section 4.26 of the Charter as follows:

'That the chiefs of the fire and police departments shall haYe the authority to suspend without pay any member of their respectiYe departments upon cause for periods not to exceed 10 days (112 hours for fire fighters) without a hearing by the CiYil Senice Board. Suspensions for periods in excess of 10 days (112 hours for fire fighters) shall be giYen pending hearing by the Ci,.-il Sen-ice Board."

Section 3: Deleting Section 4-2002 (d) in its entirety and adding a new Section 4-2002(d) to read as follows:

(d) The suspension of an employee of the department, with or without pay, in excess of 10 days (112 hours for fire fighters).

Section: It is hereby declared to be the intention of this ordinance that its sections, paragraphs, sentences, clauses and phases are seYerable, and if any section, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or i1walid, it shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this Ordinance.

Section: All ordinance or part of ordinances in conflict with this ordinance are hereby repealed.

Section: This ordinance shall become effectiYe upon the signature or without the signature of the \fayor, subject to Georgia Law 1983, page 4119.
FIRST READI.:\JG

DATE: Februarv 8, 1995

APPROVED: Ansley L. Meaders, Mayor

510--1 LOC.-\L .-\.'\:D SPECL-\L .-\CTS .-\.'\:D RESOLL'TIO);S, \'OL. II

ATTEST: Sheila R. Hill, CMC City Clerk

Approved as to form: Douglas R. Haynie, City Attorney

SECO);D RE.-\Dl);G

D.-\TE: \larch 8. 1995
ATTEST: Sheila R. Hill, C\IC CitY Clerk

.-\PPRO\'ED: Ansley \-leaders, \fayor

CI1Y OF MARIETTA COBB COUN1Y, GEORGIA

I, R. Tern Smith, holding the position of President, the official gazette

for the legal adYertisements in Cobb County, Georgia, do hereby certif\

that the ad for the Cit, of \larietta, G.-\ was nm in the Marietta Daih

Journal on the following dates:

--



January 27. 1995 Februan 3, 1995 February 10, 1995

R. Tern Smith Signature

S,\"orn to and subscribed before me this 11th day of Januan, 1992_.

\\'endY E. Criswell );otan- Public \ly Commission Expires June 15, 2001 '. (SE.-\L)

PUBLIC NOTICE

Pursuant to O.C.G..-\. - 36-35-3, the City of .\farietta will hold t\rn public hearings regarding amendments to the \farietta City Charter to allow more flexibility for the \.larietta CiYil Senice Board quarterly meetings, and to reflect hours instead of days of suspension for fire fighters.

The meeting will be held at 7:00 p.m. in the \farietta Council Chamber, 205 Lawrence Street, \farietta, G.-\ on the following dates:

Wednesday, February 8, 1995 \i\'ednesday, \farch 8, 1995

.-\ copy of the ordinance reflecting those amendments can be obtained from the \.larietta Cit:Y Clerks Office, 205 Lawrence Street, Marietta, Georgia 30060 and is 01; file with Clerk of Superior Court of Cobb County.

Filed in the Office of the Secretary January 11, 1999.

GEORGIA. L-\\.\'S 1999 SESSIO:\'

5105

CITY OF YL-\RIETT.-\ - TR.-\.1::'\I'.\:G REQCIREYIE::'\TS.

COL:'.\lCIL BILL ::'\O. 416295

ORDI:'llA.'.\JCE BILL NO. 5506

.-\..'\I ORDI::'\.-\..'-:CE AYIE::'\DI::'\G THE CITY CHARTER OF '.\1..-\RIETTA, GEORGL-\

To delete the training requirements currently contained in Section -l.15 of The CitY. Charter of the CitY. of '.'vlarietta.
BE IT ORD,-\.1:'.\IED BY THE ~vL-\YOR A:\'D COL:'.\ICIL OF THE CITY OF '.\1.-\RIETT.-\, GEORGIA, THAT:

Section l. The following two sentences shall be deleted in their entiretY from Section 4.15 of the Charter of the City of '.'vlarietta. The language being deleted is as follows:

"The Human Resources Director shall cause to be proYided eight hours of training for each Board '.\1ember within the first nre!Ye months of his/ her appointment and annually thereafter for four hours of uaining for each member with sen-ice of more than one year, such training shall include but not be limited to appeal procedures. Such director shall proYide such training to each Board '.\1ember as is deemed appropriate by the Director."

The effectiYe date of this amendment shall be :'.\loyember 8, 1995.

Section 2. The adoption of this Charter Amendment follows:

a) The publication of notice in the local newspaper, as required by law;

b) The holding of the first of nrn public hearings at nrn regular consecutiYe meetings of the municipal gmerning authority, not less than seYen (7) nor more than sixty (60) days apart; and

c) The filing of the proposed amendment with the Clerk of Superior Court and the Clerk of the City of Marietta, Georgia.

Section 3. It is hereby declared to be the intention of this Ordinance that its sections, paragraphs, sentences, clauses and phrases are seYerable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or i1n-alid, it shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance.

Section 4. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.

Section 5. This Ordinance shall become effecti,e upon the signature or without the signature of the Mayor, subject to Georgia laws 1983, page 4119.

FIRST READING

5106 LOCAL ,-\..,D SPECIAL ACTS .-\..,D RESOLL'TIO!'l:S, \'OL. II

\'OTES FOR: i

\'OTES AGA.I'.'\ST: 0

DATE: October 11, 1995

.. \ P P R O \ 'ED:

APPRO\'ED AS TO FOR'.\1 DOL'GL-\S R. H.--\Y'.'\IE

.--\:~SLEY LITTLE ~IE.--\DERS, '.\fayor

ATTEST: SHEIL-\ R. HILL, City Clerk

SECO'.'\D RE.--\Dl'.'\G

\'OTES FOR: i

\'OTES AG.--\.1!\ST: 0

DATE: '.'\member 8, 1995

..\PPRO\'ED: .-\.,. SLEY LITTLE YIE.--\DERS, '.\fayor

ATTEST: SHEIL-\ R. HILL. City Clerk

..\PPRO\'ED AS TO FOR'.\,f DOCGL-\S R. H.--\\".'\IE

FILED I:'\ CLERK'S OFFICE THIS 20th DAY OF September 1995 AT 10:05 O'CLOCK .-\..\,I Sheila R. Hill CITI'CLERK

'.'\OTICE OF FILl'.'\G OF DOCCYIE:'\TS WITH
CLERK OF THE CITY OF yl--\RIETT.--\, GEORGI.--\

.-\..\-IE'.'\D~IE'.'\T OF '.\,fl'!\ICIP.\L CHARTER

OF

CITY OF ~L-\RIETT.--\, GEORGI.\

TO: Clerk. City of Ylarietta, Georgia

\,\'HERE.--\S, the City of '.\farietta, pursuant to O.C.G..--\. 36-35-3 and O.C.G..--\. 36-35-4, will conduct two public hearings on the issue of whether or not to adopt certain changes to the '.\1unicipal Charter, and,

\\'HEREAS, Georgia law requires that the proposed amendments be filed with this office,

:-.JOW THEREFORE. the City of '.\farietta hereby files with this office the following documentation:

1. The proposed Amendment to Section 4.15 of the City Charter of the City of '.\farietta which will delete the training requirements contained in Section 4,15 of the CitY Charter of the CitY of '.\farietta. The Ordinance is attached hereto. The ~ffecthe date will be Nmember 8, 1995. Please note

GEORGI.-\ L-\WS 1999 SESSIO:\

5l0i

that the training requirements will be placed in the Ylarietta City Code instead of the Charter.
Please be ad,ised that public hearings will be held on these proposed amendments on OCTOBER 11, 1995 at i:00 p.m. and ;111O\'EMBER 8, 1995 at i:00 p.m. in Council Chambers for the City of '.\1arietta, Georgia.
This 20th day of September, 1995.
Respectfully Submitted, DOCGL-\S R. H.-\Y:':IE State Bar ::\'o. 340800 Cit\. .-\ttorne., for CitY. of '.\1arietta, Georgia
HAY:':IE & LITCHFIELD, P.C. 222 Washington .-\Yenue '.\1arietta, Georgia 30060 (iiO) 422-8900
CITY OF MARIETTA COBB COUN1Y, GEORGIA
I, R. Tern Smith , holding the position of President, the official gazette for the legal adYertisements in Cobb County, Georgia, do hereby certify that the ad for the City of '.\1arietta, GA.was nm in the '.\1arietta Dailyjournal on the following dates:
October 6, 1995 October 20, 1995 :\member 3; 1995
R. Tern Smith Signature
Sworn to and subscribed before me this 11th day of Januan-, 1992.
Wendy E. Criswell :'\otan Public My Commission Expires June 15, 200 I. (SEAL)
'.\-1-li0 PROPOSED CHARTER A.r. ...-IE:-.:D'.\1E!\TS ..\.."-iD ;111O-
TICE OF l!\TE:':T TO TAKE ACTIO~ CITY OF '.\1.ARIETTA, GEORGIA
HEARl~G DATES: OCTOBER 11, 1996 ..\.."l\'D NO\ 'EMBER 8, 1996
Pursuant to O.C.G.A. 36-36-3 and O.C.G.A. 36-36-4, the CitY of '.\1arietta has proposed to amend its Charter. The Charter Amendme~t and Com-

5108 LOCAL A.'-JD SPECIAL ACTS .-\.."iD RESOLCTIO:r-.;S, VOL. II
pensation to be considered by the Mayor and Council for the City of Marietta is summarized as follmrs:
1. The proposed Amendment will delete the training requirements currentl\' contained in Section 4.15 of the CitY Charter of the CitY of Marietta', Georgia. The effectiYe date will be ::\'me;nber 8, 1995. Please ~ote that the requirements will be placed in the City Code of the City of Marietta instead of the Cit\' Charter.
A copy of the proposed Charter Amendments are on file with the Clerk of Superior Court of Cobb County and are on file with the Clerk of the City of Marietta, Georgia. The public hearing dates for the proposed Charter Amendments will be OCTOBER 11, 1996 and .:--:O\'EMBER 9, 1996 at 7:00 p.m. in the City Hall for the City of Marietta, Council Chambers. Any member of the public is welcome to examine and inspect the proposed Amendments.
Executed this 19th day September, 1996.
SHEIL\ R. HILL CLERK, CITY OF :VL-\RIETTA, GEORGIA
10:06, 20, 11 :03
Filed in the Office of the Secretary of State January 11, 1999.

CITY OF MARIETTA - .\1ARIETTA POLICE AND FIRE CIVIL SERVICE SYSTE:Vl; ~E:VIBERSHIP; DIRECTOR OF PERSO'.\:'.\JEL.

COUNCIL BILL NO.: 437797

ORDINANCE NO.: 5658

AN ORDINANCE

AMENDING

Article IV, DiYision 2 of the Charter of the City of Marietta to modify the definition of eligible members of the Police and Fire CiYil Sen-ice and to update the title used to refer to the Personnel Director of the CitY of Marietta.

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MARIETTA, GEORGIA:
Section 1: That Section 4.13 of the Charter of the City of Marietta is modified to read as follows:
There is herebv established a Marietta Police and Fire Chil Senice Svstem. All sw~rn officers of the Marietta Police Department and certified officers of the Marietta Fire Department, except the police chief and deputy police chiefs and fire chief and deputy fire chiefs, shall be under the Marietta Police arn::l Fire Chil Senice Systc::m

GEORGIA L-\WS 1999 SESSIO~

5109

hereinafter created, and all persons who may thereafter be elected or appointed as sworn or certified officers of said departments (except the chiefs and deputy chiefs, thereof) shall thereafter remain and continue their respectiYe employment as municipal officers and employees during satisfactory performance and obedience to City laws and ordinances and such reasonable rules and regulations as may from time to time be prescribed by the Chil Senice Board, and adopted by the City Council as hereinafter pro,ided; howeYer, nothing herein contained shall be construed to preYent or preclude proper ad,erse action, up to and including termination, against any officer or member of said fire department or police department for cause.

Section 2: That a new paragraph be added to Section 4.13 of the Charter of the CitY of Ylarietta to read as follows:

The incumbents of the position of deputy chief at the time of passage of this action shall retain rights under the ciYil senice system as proYided herein for the duration of their occupancy of the position of deputy chief.

Section 3: That Section 4.14 of the Charter of the City of Marietta is modified to read as follows:

The following definitions, as used in this diYision, shall apph:

Members of the fire department. All certified officers of the department below the rank of deputy chief and such others as such Ci\il Senice Board may find and designate to properly be such members, with apprmal of the city council.

Ylembers of the police department. All sworn officers of the department below the rank of deputy chief, and such other persons as such CiYil Sen-ice Board may find and designate to properly be such members with apprornl of the city council.

Section 4: That the first sentence in Section 4.26 of the Charter of the CitY of Ylarietta is modified to read as follows:

!\'o non-probationary member of the fire department below the rank of deputy chief_ or of the police department below the rank of deputy chief, shall be remoYed, discharged, demoted, adYersely affected by the promotional process or inYoluntarily retired except for cause upon \\Titten charges or complaint and after an opportunity for an open public hearing in his or her own defense before the Ci,il Senice Board.

Section 5: That each reference made to the Director of Human Resources

in Section 4.15 and Section 4.28 of the Charter of the Cit\ of ~arietta be

changed to the Director of Personnel.



Section 6: It is hereby declared to be the intention of this Ordinance that its sections, paragraphs, sentences, clauses, phrases and words are seYer-

5110 LOCAL A..T\/D SPECIAL ACTS .-\.'-ID RESOLCTIO~S. \'OL. II

able, and if any section, paragraph, clause, phrase or word of this Ordinance is declared to be unconstitutional or i1walid, it shall not affect any of the remaining sections, paragraphs, clauses, phrases or words of this Ordinance.

Section 7: All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.

Section 8: This Ordinance shall become effectiYe upon the signature or without the signature of the Mayor, subject to Georgia laws 1983, page 4119.

F1RST READING

VOTE: 7 Yeas

Q Nays

DATE: February 12, 1997

APPROVED: Ansley L. Meaders, Mayor

ATTEST: Sheila R. Hill, City Clerk

SECOND READING

VOTE: 7 Yeas

Q Nays

DATE: March 12, 1997

APPROVED: Ansley L. Meaders, Mayor

ATTEST: Sheila R. Hill, City Clerk

APPROVED AS TO FORM: Douglas R. Haynie, City Attorney

CITY OF MARIETTA COBB COUNTY, GEORGIA

I, R. Terry Smith, holding the position of President, the official gazette for the legal adYertisements in Cobb County, Georgia, do hereby certify that the ad for the City of Marietta, GA was run in the ~larietta Daily Journal on the following dates:

January 31, 1997 Februarv 7, 1997 Februar; 28, 1997 March 7, 1997

R. Tern Smith

Sworn to and subscribed before me this 11th day of Jan., 1999.

Wendy E. Criswell Notary Public

GEORGI.--\ L-\WS 1999 SESSIO'.\:
'.\ily Commission Expires June 15, 2001. (SEAL)
M-067 PUBLIC NOTICE
::-.;OTICE IS HEREBY Gl\'E'.\: that the City of '.\ilarietta, Georgia, pursuant to O.C.G..--\. '36-35-1, will conduct two public hearings on the issue of whether or not to amend the CitY. Charter to modif.r the definition of eligible members of the Police and Fire CiYil Senice, and to update the title used to refer to the Personnel Director of the CitY of \farietta.
The public hearings will be held on the proposed amendments on February 12, 199i and \-larch 12, 199i, both at i:00 p.m. in the Council Chamber of \-larietta City Hall, 205 Lawrence Street, \,larietta, Georgia. All interested persons are i1n-ited to attend.
The proposed amendments are on file in the office of the Clerk of the City of '.\ilarietta, 205 Lawrence Street, \-larietta, Georgia 30060, and also in the office of the Clerk of the Superior Court of Cobb County, 10 East Park Square, Building C, \-larietta, Georgia 30062. Any person wishing to receiye copy of said amendment should apply in writing to the abo\"e described offices .
Accessibility to meetings. If you belieYe you may need the City/ BLW to prmide special accommodations in order to attend/ or participate in the abo\"e meetings, please call \fr. Charlie WeaYer, .--\DA Coordinator, at 528-0592 no later than 48 hours before that meeting.
Sheila R. Hill, City Clerk City of '.\ilarietta. 1:31,02:i ,28,03: i
Filed in the Office of the Secretary of State January 11, 1999.
CITY OF .--\SHBCR."\; - \-L-\YOR .--\.."\;D COC~CIL; COMPE::-.;SATIO'.',;; .--\PPOI'.\:T\-IE'.'.:T OF OFFICERS .--\.."\;D E'.\ilPLOYEES.
'.'.:o. 99-01
CITY OF .--\SHBCR.'\" - .--\PPOI'.\:TI\'E OFFICERS .--\..'\"D EMPLO\EES; S.-\L--\RY OF '.\iL-\YOR; SAL--\RY OF COC'.'.:CIL'.\ilE'.\ilBERS
HOl\lE RCLE CH.--\RTER .--\..vlE'.\:D\,IE::-.;T
.--\.."\I ORDI::-.L--\..'\iCE TO .A.vlE'.'.:D THE CHARTER OF THE CITY OF .--\SHBCR."\; C:'\DER ACTHORITY OF "THE :v1c::-.;ICIPAL HOME RCLE ACT OF 1965," (I:-,; P.--\RTICCL--\R, O.C.G.A. 36-35-3(b) .--\.."\ID 36-35-5), PRO\1Dl::-.IG FOR APPOI::-.;TI\'E OFFICERS .--\.."\ID EMPLOYEES; PRO\1DING FOR SAL--\RY OF \L-\YOR; PRO\1Dl~G FOR SAL--\RY OF

5112 LOCAL .-\XO SPECIAL ACTS .-\.,D RESOLL'TIOXS, \'OL. II
COCXCIL\IDIBERS; PRO\1DIXG FOR A., EFFECTI\'E DATE; .-\XO FOR OTHER PCRPOSES.
BE IT ORD.-\IXED by the \Iayor and City Council of .-\shburn, Georgia, and it is hereby ordained by the authority of the same that, pursuant to the Home Rule Charter .-\mendment proYisions of O.C.G..-\. 3~35-3(b) and 3~35-5, the Charter of the CitY. of Ashburn is hereby. amended as follows:
Section 1: By deleting the present language of Section 2.9 of .-\rticle II in its entirety and inserting the following language in lieu thereof:
Section 2.9. Salary of maYor as fixed. The maYor shall receiYe a salary as fixed by the city council by ordinance or resoltition, payable month!):; proYided that no increase in the compensation of the mayor shall be effectiYe unless made in accordance with the requirements of O.C.G..-\. ~3~35--1 ...
Section 2. By deleting the present language of Section 2.10 of Article II in its entirety and inserting the following language in lieu thereof:
"Section 2. I0. Salaries of councilmembers as fixed. Each councilmember shall receiYe a salary. as fixed bY. the citY. council. bY. ordinance or resolution. payable monthly, proYided that no increase in the compensation of members of the city council shall be effectiYe unless made in accordance with the requirements of O .C.G..-\. ~3~35--1.
Section 3. By deleting the present language of Section 4.1 of Article I\' in its entirety and inserting the following language in lieu thereof:
"Section 4.1. Designation of specific officers. The city council shall appoint the following municipal officers of the city: City attorney, city clerk, city treasurer, police chief, and other such officers and heads of departments that are deemed necessary and appropriate; prO\ided howeYer, that am two (2) or more offices ma\' be combined and filled bY one person. After their initial appointment, such officers and department heads need not be reappointed on an annual basis, but shall hold office at the pleasure of the city council.
Section -1. .-\II charter proYisions, ordinances and parts of ordinances in conflict herewith are hereby repealed.
Section 5. This ordinance shall become effectiw January i, 1999.
This ordinance hming been properly considered and adopted by the ~Iayor and City Council of the City of.-\shburn, Georgia, the same is hereby approYed.
This ith day ofJanuary, 1999.
c1n OF .-\SHBCRX, GEORGI.-\
BY: CHARLES B. PERRY, \1.\YOR
ATTEST: S.-\XDR.\ J. STRICKL\XD. CITY
CLERR

GEORGIA L-\WS 1999 SESSIO~

5113

FIRST RE..-\DI:\'G: DECE~IBER 3, 1998
SECO~D RE.-\DI:\'G: JA.". '\TARY 7, 1999
CERTIFICATION
I, Sandra J. Strickland, City Clerk of the City of Ashburn, Georgia, do
hereby certify, that the foregoi1jig Home Rule Charter Amendment approYed and adopted by the \-layor and City Council of Ashburn on January 7, 1999, was the subject of a first reading of said ordinance on December 3, 1998 and a second reading of said ordinance on January 7, 1999.
This the 7th day ofJanuary, 1999.
SA..'-mR-\j. STRICKL-\.~D. CITY CLERK OF ASHBCR~. GA
PUBLISHERS AFFIDAVIT
STATE OF GEORGL-\ COC:\'TY OF TCR~ER
Personally before the undersigned officer duly authorized to administer oaths came Ben Baker, who upon being sworn deposes and says that he is the editor of the Wiregrass Fanner a newspaper of general circulation in the City of Ashburn, Georgia; that deponent is authorized to make affidaYits of publication on behalf of said newspaper; and that the attached .:-.iotice of Intent to Amend City Charter was published in said newspaper , on the following dates, to wit: December 17, 1998; December 24, 1998 and December 31, 1998.
BE:-.; BAKER
Sworn to and subscribed before me this the 8th day ofJan.uary, 1999:
JOH:'-l" HOLL-\.~D .:-.iotarY Public STATE OF GEORGIA My Commission Exp. 2/27/01
(SEAL)
NOTICE OF INTENT TO AMEND CITY CHARTER OF THE CI1Y OF ASHBURN
This is official notice that the Mayor and City _Council of Ashburn, Georgia will consider final adoption of an ordinance pursuant to the Municipal Home Rule Act of 1965 (in particular, O.C.G.A Sections 3~35-3(b) and 3~35-5) amending the City Charter of Ashburn, Georgia by reYising proYisions for the appointment and holding of office of specific officers and department heads of the City, re,ising prmisions for the

5114 LOCAL ..\.,D SPECIAL ACTS ..\.~D RESOLCTIO!'\S, \'OL. II
salaries of the Ylayor and City Council, and for other purposes. This is further notice that a copy of the proposed amendment to said Charter is on file in the Office of the Clerk of the CitY of Ashburn at CitY Hall in Ashburn, Georgia. ..\ notice of said proposed amendment is also.in file in the Office of the Clerk of the Superior Court of Turner County at the Turner County Courthouse. Any member of the public has the right to examine and inspect such proposed amendment at either such two locations. In addition thereto, any person, may upon written request, obtain a copy of the proposed amendment from the Office of the Clerk of the City of Ashburn during normal business hours.
The yJayor and City Council of Ashburn will consider final adoption of this proposed Charter Amendment at the regularly scheduled meeting of the \layor and Council of Ashburn to be held at i:00 p.m. on Thursday, January i, 1999.
This notice is published as required by Georgia Law.
\layor and City Council of Ashburn, Georgia
Filed in the Office of the Secretary of State January 11, 1999.
CITY OF DAITO:\' - E\IPLOYEES' PE:\'SIO:\' PL.\.,; BE:\'EFITS; P.-\RTICIP..\TIO:\'; .-\GE; CO!'\TRIBCTIO:\'S.
CITY OF DAITO:\', GEORGI..\ - \-LWOR ..\.,D COC:\'CIL OF THE CITY OF DAITO:\' DIPLOYE.E'S PE:\'SIO:\' PL.\.,
..\\IE:\'D\IE:\'TS OF 1988
February 6, 1989
A, ORDI:\'..\.,CE
To .-\mend The Charter Of The City Of Dalton, Georgia (Ga. L. 18i4, p. 181) as amended, ..\nd '.\lore Particularly .-\s .-\mended By Ga. L. 1945, p. 593; Ga. L. 1950, p. 2264; Ga. L. 1956, p. 2093; Ga. L. 1958, p. 2105; Ga. L. 1966, p. 2946; Ga. L. 1969, p. 2126; Ga. L. l 9il, p. 2i2i; Ga. L. l 9i3, p. 2019; Ga. L. 19i4, p. 2i44; Ga. L. 19ii, p. 2601; Ga. L. 1980, p. 3242; .-\n A Certain Home Rule Ordinance To The Charter Of The City Of Dalton, Georgia Of The '.\fayor And Council .-\Jnending .-\J1d Re-Stating The :\layor .-\J1d Council Of The City Of Dalton Employees Pension Plan of April 19, 1982 .-\J1d Confirmed By..\ Local .-\ct Of The General ..\ssembly Of Georgia ..\t Ga. L. 1982, p. 5002, So ..\s To Ylake Certain .-\Jnendments To..\ Pension .-\J1d Retirement Plan For Certain Employees Of The City Of Dalton, Georgia; To Increase The Monthly Retirement Benefit For All Participants Retiring Or Terminating Employment With \'ested Status On Or After January 1, 1988; Reducing The Period of Continuous Senice For Employment Required For The \'esting Of Benefit-s Cpon Termination From 180

GEORGL-\ L\\\'S 1999 SESSIO:\'

5115

Continuous '.\lonths Of Credited Sen-ice to 120 Continuous '.\,lonths of Credited Senice; Repeal The '.\,laximum .-\ge Limitation On Participation In The Plan .-\nd To Establish.-\ Right of Election For Employees Pre,iously Excluded Due To Such '.\laximum .-\ge Condition To Commence Participation In The Plan .-\s OfJanuary 1, 1988 Cpon Payment Of.-\ '.\,landatory Employee Contribution; Change of The Annual Cost OfLh-ing Adjustment From .-\ Four Percent (-1%) Simple Rate To .-\ Four Percent (-1%) Compound Rate effecthe January 1989; To .-\mend The Definition of ~onnal Retirement .-\ge To Include The First Day Of The '.\Ionth Coincident With Or Immediately Following The Date .-\n Employee Attains His Sixty-Fifth (65) Birthday and Completes FiYe (5) Years Of Participation In the Plan: To Increase The '.\lonthh Benefit For Earh- Retirement; To Reduce The '.\landatory Participant Contribution From FiYe Percent (5%) To Four Percent (-!%) Of Basic '.\,lonthly Earnings For .-\11 Periods On .-\.nd .-.\.fter January 1. 1985; And For Other Purposes.

BE IT ORD.-\l~ED BY THE '.\L-\YOR .-\~D COC~CIL OF THE CITY OF D.\LTO~. GEORGI.-\ .-\CTI~G PCRSC..\..'\iT TO THE POWERS ACCORDED IT C~DER THE ~IC'.'iICIP.\L HOME RCLE .-\CT OF 1965, AS .-UIE~DED, ..\..,D BY .-\CTHORITY OF THE S.-\.\1E, IT IS HEREBY ORD.-\JXED .-\S FOLLOWS:

Section 1.

The Charter of the City of Dalton, Georgia apprmed on February 24, 1874 (Ga. L. 1874, p. 181, et. seq.) and the se,eral acts amendatory thereof and more particularly the following acts and ordinances: Ga. L. 1945, p. 593; Ga. L. 1950, p. 2264; Ga. L. 1956, p. 2093; Ga. L. 1958, p. 2105; Ga. L. 1966.p. 2946:Ga. L. 1969,p. 2126;Ga. L. 1971, p. 2727; Ga. L. 1973, p. 2019; Ga. L. 1974, p. 274-1; Ga. L. 1977, p. 2601; Ga. L. 1980, p. 3242; and a Home Rule Ordinance to the Charter of the City of Dalton, Georgia, by the '.\fayor and Council amending and re-stating the '.'.lajor and Council of the City of Dalton Employees Pension Plan of April 19, 1982 and confirmed bY Local .-\ct of the General .-\ssembh of Georgia Ga. L. 1982, p 5002 (hereinafter referred to as "The Plan .. ), are hereby amended by the proYisions of this ordinance set forth hereinafter.

Section 2. Paragraph 1.09 of the Plan is hereby deleted and the following Paragraph 1.09 substituted therefor:

1.09 "Credited Senice" shall mean "Continuous Senice.. as defined under the terms of the Prior Plan for those Participants who participated in the Prior Plan as ofJune 30, 1982, expressed in months of sen-ice. For periods of sen-ice rendered after June 30, 1982. Credited Sen-ice shall mean all months of sen-ice begin-
ning on or after July I. 1982, determined as the total Period of
Senice while the Employee is employed by the Employer. .-.\.ny Participant who commences participation in this Plan as of

5116 LOCAL ,-\..."JD SPECIAL ACTS A..1\iD RESOLL'TIO:\'S, \'OL. II

January 1, 1988, due to the amended Section 2.04, shall receiYe Credited Senice under the Plan from January 1, 1988 to the earlier of his date of termination or actual date of retirement. Such Participant may make an election, on such form as the Board may prescribe, to contribute additional employee contributions, in accordance with this amended Section 9.03(ii), in order to receiYe additional Credited Sen-ice for the period of time he was employed by the EmploYer but was excluded from participation in the Plan or the Prior Plan due to the maximum age proYisions contained in the plans prior to this amendment. The period of Credited Senice elected may be all or any portion of his Period of Senice.

Section 3. Paragraph 1.24 of the Plan is hereby deleted and the following 1.24 substituted therefor:

1.24 'Pension Benefit' shall mean, as of the date of retirement or termination (on or after January 1, 1988), the monthly retirement benefit of the Participant, equal to the product of (a) multiplied by (b), where

(a) is fifteen hundredths of a percent (0.15% or .0015) of the Participant's Final Axerage Earnings, and

(b) is the number of continuous months of Credited SerYice by the Participant to his SeYerance from Sen-ice Date.

Section 4.

Paragraph 2.02 of the Plan is hereby amended by deleting the last sentence:

2.02 (Deletion)

The maximum age condition for such employee shall be that pro,ided under the Prior Plan.

Section 5. Paragraph 2.04 of the Plan is hereby deleted and the following Paragraph 2.04 substituted therefor:

Participation of Emplmees PreYiouslY Excluded from Participation due to Maximum Age Pro\"isions. Any actiYe employee as of January 1, I988, who was excluded from participating in the Plan or the Prior Plan due to attainment of age fifty (50) as of the date he would ha,e otherwise satisfied the eligibility requirements under Paragraphs 2.01, 2.02, or 2.03, shall ha,e the right to commence participation in the Plan as of January 1. 1988.

Section 6. Paragraph 3.01 of the Plan is hereby deleted and the following Paragraph 3.01 substituted therefor:

3.01 :\'ormal Retirement Date. The ::'\ormal Retirement Date of a Participant shall, at the election of the Participant, be one of the following:

GEORGL\ L-\WS 1999 SESSIO::--.:

511i

(i) the first day of the month coincident with or immediately following the date he attains his sixty-fifth (65) birthday and completes fi,e (5) years of participation in the Plan.

(ii) the first day of the month coincident with or immediately following the completion of both three hundred (300) continuous months of sen-ice and attainment of age fifty-foe (55), or

(iii) the first day of the month coincident with or immediately following the completion of three hundred and sixty (360) continuous months of sen-ice.

Section 7. Paragraph 3.02 of the Plan is hereby deleted and the following Paragraph 3.02 substituted therefor:

3.02 .-\mount of Retirement Benefit. The Pension Benefit payable to a Participant who retires on his ::--.:ormal Retirement Date shall be in an amount equal to the product of (a) multiplied by (b}, where

(a) is fifteen hundredths of a percent (.IS% or .0015) of the Participant"s Final .-\,erage Earnings, and

(b) is the number of continuous months of Credited Senice by the Participant to his ::--.:ormal Retirement Date.

Section 8.

Section i of the Plan is hereby deleted in its entirety and the following Section 7 substituted therefor:

i.01 Benefits Subject to .-\djustment. The Pension Benefit payable to a Participant, a Beneficiary or a Qualifying Spouse under Section 3.03, 1.02, 5.02 or 8.02 hereof shall be subject to an annual cost-of-lhing adjustment as proYided in Section 7.02 hereof.

7.02 .-\mount of .-\djustment. .-\ny of the benefit payments set forth in Section i.01 hereof shall be increased on an annual basis at the beginning of each Plan \'ear unless the Board shall bY resolution determine not to make said adjustment. The amount of the cost-of-lhing adjustment for Plan 'tears beginning prior to January 1, 1989 is equal to four percent (-1%) of the monthly benefit determined as of the date that monthlY benefit commenced. The amount of the cost-of-lh-ing. adjustment for Plan 'tears beginning on and after January 1, 1989 shall be four percent (-1%) of the monthly benefit which was payable to the Participant as of the immediately preceding December 1. The application of these cost-of-lh-ing adjustments is illustrated b, the tables set forth in Section i.03 hereof.

5118 LOCAL .-\.'\;D SPECIAL ACTS .-\.'\;D RESOLCTIO'.'\S, \'OL. II

i.03 Illustrations of Cost of Li,ing Adjustments.

(a) The following table shO\\"S the adjustment prior to January 1, 1989, per Sl00 of initial monthly benefit.

* PL\:-S \E.\R OF REFERE:-SCE
2 3
;)
6 7 8 9 10
II

1:-SITL-\L ~1O:-STHLY BE:-SEFIT
S100.00 100.00 100.00
100.00 100.00 100.00 100.00 100.00 100.00 100.00
100.00

*
::::;:
PERCE:-ST..\GE ..\D!L"SDIE:-ST
O',




*
..\~IOL":-ST OF ..\DIL"SDIE:-ST
0.00 -!.00

-!.00 -!.00 -!.00 -!.00 MO MO -!.00 MO 136.00 -!.00

~1O:-STHLY BE:-SEFIT ..\FTER ..\D!CSDIE:-ST
S100.00 10-!.00
108.00 112.00 116.00 120.00 12-1.00 128.00 132.00
l-!0.00

and so forth

(a) The following table shows the adjustment on and after January 1, 1989 per Sl00.00 of initial monthly benefit.

PL.\:-S \E..\R OF REFERE:-SCE
2 3
;)
6 7 8 9 10
II

PRECEDI:-SG DECDIBER BE:-SEFIT
100.00 10-!.00
108.16 112.-!9 116.99 l 2 l.li7 126.:>-! 13 l.li0 136.Sti
l-!2.33

PERCE:-ST..\GE ..\D!CSDIE:-ST
0',




..\~IOC:-.T OF ..\DIL"SDIE:-ST
0.00 -!.00

-! .16 -! .33 -! .:,0 -! .6 8 -!.87 :,.06 :>.26 ;).-ii l-!2.33 :,.69

~1O:-STHLY BE:-SEFIT ..\FTER ..\D!l"SDIE:-ST
S100.00 10-!.00
108.16 112.-!9 116.99 121.67 126.:,-! 13 Ui0 136.86
! 8.01

and so forth

* ..\ssumes benefit commences in Plan \ear 1.

** Any adjustment is subject to ,rniYer of cost-of-li\-ing proYision by the Board.

GEORGIA L\WS 1999 SESSIO!\:

5119

Section 9.

Paragraph 8.01 of the Plan is hereby deleted and the following Paragraph 8.01 substituted therefor:

8.01 Termination prior to 120 months of Credited Sen-ice. Any participant whose employment with the Employer terminates prior to his ~annal Retirement Date for any reason other than early retirement and whose SeYerance from Senice Date is prior to his completion of one hundred and twenty (120) continuous months of Credited Senice with the Employer during his Period of Senice with the Employer during his Period of Sen-ice shall not be Yested in any Pension Benefit hereunder, but shall be ,ested at all times in and shall be entitled to receiYe in one (1) lump sum the Participant's Contributions "ith Interest as proYided in Section 1.18 hereof. Said lump smn shall be payable within six (6) months of the Se,erance from Sen-ice Date.

Section 10.

Paragraph 8.02 (i) of the Plan is hereby deleted and the following Paragraph 8.02 (i) substituted therefor:

8.02 Termination after Completion of 120 months of Credited Sen-ice.

(i) .-\ Participant whose employment with the Employer terminates prior to his ~annal Retirement Date for any reason other than earh- retirement and whose SeYerance from Senice Date is after his completion of at least one hundred and twenty (120) continuous months of Credited Sen-ice during his Period of Sen-ice, shall be entitled to a Pension Benefit commencing on the first day of the month coincident with or next following the Participant's sixty-fifth (65) birthday, proYided he is then aliYe.

Section 11 .

Paragraph 8.02 (iY) of the Plan is hereby deleted and the following Paragraph 8.02 (iY) substituted therefor:

(i) ..\lternatiYely, said Participant may elect in writing on a form designated by the Board to receiYe, commencing on the first daY of the month coincident with or following his fifty-fifth (55) birthday, a monthly retirement benefit equal to the product of (a) multiplied by (b) , where

(a) is fifteen hundredths ofa percent (.15 % or .0015) of the Participant"s Final .\\-erage Earnings and

(b)

is the number of continuous months of Credited

Senice by the Participant to his SeYerance from

Sen-ice Date.

5120 LOCAL .-\..--..:D SPECIAL ACTS .-\..--..:D RESOLCTIO'.',;S, \'OL. II

Said product being reduced by the actuarial equiYalent factor appropriate to his commencement date.

Payment of said monthly benefit shall commence on the first day of the month coincident with or following said Participant's fifty-fifth (55) birthday. Subsequent monthly payments shall be made in ach-ance on the first day of each month during the life of the Participant and for a period certain and continuous of one hundred and twenty (120) months from the Participant's fifty-fifth (55) birthdaY.

In the eYent of the Participant's death either after making his election but before attaining his fifty-fifth (55) birthday or within one hundred and twenty ( 120) months after his fifty-fifth (55) birthday, the same monthh- benefit shall be payable for the entire or the remainder of the one hundred and twenty (120) month period to the Participant's designated Beneficiary as proYided in Section 6.03 hereof.

Section 12.

Paragraph 9.03 of the Plan is hereby deleted and the following Paragraph 9.03 substituted therefor:

9.03 '.\fandaton- Contribution of Participant.

(i) Consistent with the requirement of the Prior Plan for a mandatory employee contribution on and after ~farch I, 1973, each Employee who is a Participant in the Plan shall contribute an amount equal to:

(a) four percent (4%) of his Basic :Vlonthly Earnings on and after January I, 1985, and

(b) fiye percent (5%) of his Basic :VfonthlY Earnings prior to January I, 1985.

Each Participant coyered under the Prior Plan and each new Participant on and after July I, I982, bY Yirtue of his participation in the Plan does hereby instruct and authorize the Employer to deduct from his salary or wages the amount of his mandatory contribution and to contribute on his behalf said withheld sum to the Plan.

In lieu of said mandaton contribution ain- Participant making the irreYoc~ble election refer;-ed to in Section 3.05 (applicable; only to an employee coYered under Ga. L. 1945 p. 593, as amended) hereof shall contribute to the Plan a total sum of twenty dollars (S20.00) per month and by ,irtue of participation does hereby instruct and authorize the

GEORGIA L-\WS 1999 SESSIO~

5121

Employer to deduct from his salary or "ages the amount of his mandatory contributions and to contribute on his behalf said withheld sum to the Plan.

Any Participant who becomes a Participant in the Plan in accordance with Section 2.04 may elect, at the time of his application for particip,ation the Plan in accordance with Section 2.03(ii), to contribute an additional amount each month in order to receiYe additional Credited Senice under the Plan for those years he was an Employee of the Employer but did not participate in, and therefore did not contribute to, the Plan. The amount of such contribution shall be four percent (4%) of his Basic Ylonthly EArnings as of January 1, 1988 for each month elected in accordance with Section 1.09.

Section 13.

All amendments made herein shall be effectiYe as January 1, 1988 except for the amendments contained in Sections 8 and 12 aboYe which shall be effectiYe in accordance with the dates stated in Sections 8 and 12 aboYe.

Section 14.

All Charter proYisions, ordinances, or parts of ordinances conflicts here\\ith are hereby expressly repealed to the extent of such conflict.

1st Reading 02 / 06/ 89

2nd Reading 02/ 20/ 89

This ordinance haYing been properly considered and adopted bY the ~fayor and Council of the City of Dalton, Georgia, the same is hereby approYed.

This 20 day of February, 1989.

James A. ~1iddleton YlaYor

ATTEST: FAYE YL-\RTI:\", CITY CLERK

(Ylunicipal Seal)

GEORGIA, WHITFIELD COC:\'TY

CERTIFICATIO'.\

I, BettY T. Coffey , Clerk or Deputy Clerk of the Mayor and Board of Aldermen of the CitY of Dalton, a municipal corporation of the State of Georgia, do hereby certif\ as custodian of the minutes of that goYerning

5122 LOCAL .-\..'-iD SPECIAL ACTS .-\..'\;D RESOLCTIO~S. \'OL. II
authority that the within and foregoing matter constitutes a true and correct copy of an ordinance of the City of Dalton, enacted and adopted at the regularly scheduled meetings of the yfayor and council of the city of Dalton on February 6, 1989 and finally on Februan 20, 1989, which are two regular consecuti,e meetings of the Ylayor and Board of Aldermen of the City of Dalton, and that the original Ordinance as spread upon the permanent minutes and records of the mayor and Board of Aldermen of the City of Dalton is required to be retained in this office.
This 7th day of JanuarY, 1999.
Bett,. T. Coffey. CITY CLERK OR DEPCTY CLERK
[CITI' SEAL]
LEGAL AFFIDAVIT
I, Sheh-a yfyers, Classified AdYertising '.\-lanager of The Daily Citizen'.',;ews, a newspaper published in the City of Dalton, Georgia, do solemnly swear the ach'ertisement for:
YlaYor & Council of the CitY of Dalton EmploYees Pension Plan Amendments of 1988
Has nm 1! times in the newspaper.
Run dates are as follows: 2/2/88, 2/10/88, 2/17/88
Sheh-a \-lyers, Classified AdYertising Ylanager
Sworn on this day January 6, 1999
~otan- Public Elizabeth A. Rader Yly Commission Expires Aug 2nd 1999
NOTICE OF CHARTER AMENDMENT FOR THE CHARTER OF THE CI1Y OF DALTON BY HOME RULE ORDINANCE OF THE MAYOR AND COUNCIL
::"-iotice is hereby ghen that the \-layor and Council of the City of Dalton, Georgia will consider an ordinance amending the Charter of the City of Dalton, Georgia (Ga. L. 1874, p. 181), as amended, and partirnlarly as amended bY Ga. L. 1945, p. 593; G.-\. L. 1950, p. 226-1; Ga. L. 1956, p. 2093; Ga.L. 1958:p.2105;Ga.L. 1966,p.2946;Ga.L. 1969,p.2126;Ga.L. 1971, p. 2727; Ga. L. 1973, p. 2019; Ga. L. 1974, p. 274-1; Ga. L. 1977, p. 2601; Ga. L. 1980, p. 3242; and a home rule ordinance to the Charter of the City of Dalton, Georgia of the Ylayor and Council amending and restating the

GEORGI.-\ L-\WS 1999 SESSIO:\'
yfayor and Council of the City of Dalton Employees Pension Plan of .-\pril 19, 1982 and confirmed by Local .-\ct of the General .-\ssembly of Georgia at Ga. L. 1982, p. 5002, all relating to a pension and a retirement plan for certain employees of the City of Dalton, Georgia, in accordance with the yfunicipal Home Rule .-\ct of 1965 (Ga. L. 1965, p. 298, is amended)
The first reading of the proposed amendment will be held by the \fayor and Council at its regularly scheduled meeting of February 6, 1989. and a second and final reading at which time adoption of the amending ordinance will be considered at the next regular meeting of the \fayor and Council of the City of Dalton of February 20, 1989.
The proposed amendment proposes seYeral changes to the existing \layor and Council of the Cicy of Dalton Employees Pension Plan (hereinafter "the Plan") to be effecthe retroacthely on and after January 1, 1988. The substanthe amendments to the \fay. or and Council of the CitY. of Dalton Employees' Pension Plan to be amended by the proposed ordinance are as follows:
1. Increase in the monthly retirement benefit for all participants retiring or terminating employment with ,ested status on or after January 1, 1988 from thirteenth hundredths (0.13) percent (.0013) of the participants final aYerage earnings times the number of continuous months of credited sen-ice by the participant to :\'ormal retirement date or termination with ,ested benefits to the product of fifteen hundredths (0.15) percent (.0015) if the participants final aYerage earnings times the number of continuous months of credited senice by the participant to normal retirement date or termination with ,ested benefits.
2. Reduction of the period of continuous sen-ice for employment required for \'esting of benefits upon termination from one hundred eighty (180) continuous months of credited senice (being fifteen years) to one hundred twenty ( 120) continuous months of credited senice (being ten years).
3. Repeal of maximum age limitation on participation in the Plan and the establishment of a right of election for employees pre,iously excluded from participation in the Plan due to maximum age proYisions to commence participation in the plan as ofJanuary 1, 1988 upon payment of mandatory employee contribution.
4. Change in the annual cost of lh-ing acijustment for Plan Years beginning on or after January 1, 1988 from a the date that the monthly benefit commenced to a rate of four percent of the monthly benefit which was payable to the participants on the immediately preceding December 1. The difference in the cost of liYing acijustment formula proposed bY the amending ordinance is to proYide a compunded rate as opposed to a simple interest rate adjustment for cost of liYing purposes.
5. The definition of normal retirement is extended to include the first daY of the month coincident with or immediately following the date an

5124 LOCAL A."\'D SPECIAL .-\CTS .-\."\'D RESOLL'TIO."\'S, \'OL. II
employee attains his sixty-fifth (65th) birthday and completes fiye (5) years of participation in the plan.
6. The monthly benefit for early retirement is acljusted consistent with the proposed change for the monthly benefit at normal retirement date or upon termination \\'ith Yested benefits to an amount equal to the product of fifteen hundredths of a percent (.15 or .0015) of the participants final a,erage earnings times the number of continuos months of credited sen-ice by the participant to his seYerance from sen-ice date, \\ith said product being reduced by the actuanial equiYalent.
7. Reduction of the mandatory participant contribution of the Plan from fi,e (5) percent of the participants basic monthly earnings for all periods prior toJanuary 1, 1985 to the sum of four (4) percent of the participants basic monthly earnings on and after January 1, 1985.
The '.\fayor and Counsil of the City of Dalton Employees Pension Plan is intended to be after said amendment a qualified goYernmental pension plan and trust under sections 401 (a) and 501 (a) of the Internal ReYenue Code of 1986 as amended .
.-\ copy of the proposed amendment is on file for public inspection in the offices of the City Clerk of the City of Dalton, Georgia at City Hall, 114 Pentz Street, Dalton, Georgia and the Clerk of the Superior Court of \-\11itfield County, Georgia, V111itfield Count\' Courthouse, Dalton, Georgia during regular business hours. .-\n\'(me desiring a written copy of the amendment will be proYided one upon \\Titten request of the City Clerk of the CitY of Dalton, Georgia.
This 4th day of February, 1989.
James .-\. '.\liddleton, '.\laYor
City of Dalton, Georgia 2/ 2, 2/ 10, 2/ 17
Filed in the Office of the Secretary of State January 14. 1999.
CITY OF D.-\1.TO."\' - Pl'BLIC S...\FETY CO'.\l'.\IISSIO."\'; CITY DIPLO\'EES; QL-\LIFIC.-\TIO."\'S; CITY .-\TTOR."\'EY
THE CITY OF D.-\LTO."\' - Pl'BLIC S...\FETY CO'.\l'.\IISSIO."\'
Jl'."\'E, 1989
ORDI."\'.-\."\'CE
TO .-\'.\IE."\'D .-\."\' .-\CT EST.-\BLISHl."\'G .-\ CHARTER FOR THE CITY OF D.-\LTO."\', GEORGI.--\ .--\PPRO\'ED O."\' FEBRC.--\RY 24, 1874 (Ga. L. 1874, p. 181 et seq), .--\.."\'D THE SE\'ER--\L .--\CTS .--\'.\IE'.'1:D.--\TORY

GEORGL-\ L--\WS 1999 SESSIO:\'
THEREOF, SO .--\S TO CH.--\..'\'GE THE :\'.--\..\ff OF THE CI\1L SER\1CE CO~IYIISSIO:\' TO "THE PCBLIC S.--\FETY CO\1\HSSIO:\'"; TO REPE.--\L \1.--\XI\IC\I .--\GE CO;\'DITIO:\'S FOR I:\'ITI.--\L DIPLO\'\IE:\'T BY THE CITY OF D.--\LTO:\' POLICE DEP.--\RT\IE:\'T .--\:\'D THE CITY OF D.--\LTO:\' FIRE DEP.--\RTYIE:\'T; TO .--\CTHORIZE THE CITY OF D.--\LTO:\' PCBLIC S.--\FETY CO\1\IISSIO:\' TO .--\DOPT .--\..'\' OFFICI.--\L SE.--\L; TO DELETE THE REQUREYIE:\'T TH.--\T THE CITY .--\TTOR:\'EY RE:--.iDER LEG.--\L SER\1CES TO THE PCBLIC S.--\FETY CO\1\IISSIO:\' \.\1THOCT EXTR.--\ CO~IPE:\'S.--\TIO:\'; TO REPE.--\L .--\ REQCIREYlE:\'T FOR '.\-1.--\.."D.--\TORY REI:\'ST.--\TE\IE:\'T OF FOR\IER PERSO:--.i:--.iEL OF THE D.--\LTO:\' POLICE DEP.--\RT\IE:\'T .--\.'.\'D D.--\LTO:\' FIRE DEP.--\RT\IIE:--.iT .--\FTER THEIR RETCR.'\' FRO\1 \IILIT.--\RY SER\1CE I:\' THE .--\R\!IED FORCES DCRI:\'G WORLD \\'.--\R II; .--\.."D TO REQURE THE CHIEF OF THE CIT\' OF D.--\LTO:\' POLICE DEP.--\RT\IIE:\'T, .--\..'\;D HIS DELEG.--\TE LE\11:\'G OFFICER, TO GI\'E FIDELITY BO~D WITH GOOD .--\..'\'D SCFFICIE:\'T SCRETY TO THE CITI' OF D.--\LTO:\' I:'\ .--\..'\' .--\..\'1OC:\'T :\'OT LESS TH.--\:\' O:\'E HC:\'DRED THOCS.--\..'\'D (Sl00,000.00) DOLL--\RS .--\..'\'D FLRTHER .--\CTHORIZI:\'G THE GO\'ER.'\'I'.'\G .--\CTHORITY OF THE CITY OF D.--\LTO:\' TO REQURE .--\'.'\ I:--.iCRE.--\SE I:\' THE .--\..\IOC:\'T OF S.--\ID FIDELITY BOND BY RESOLCTIO:\' I:\' THEIR DISCRETIO:\'; TO PRO\1DE FOR SE\'ER--\BILITY; TO REPE.--\L CO:\'FLICTI:\'G L--\\\'S .--\..'\'D ORDI:--.i.--\..~CES; .--\..'\'D FOR OTHER PCRPOSES.
BE IT ORD.--\[\;ED by the '.\layor and Council of the City of Dalton, Georgia acting pursuant to the powers accorded them under the \lunicipal Home Rule .--\ct of 1965, as amended, and by the authority of same, it is hereb\' ordained as follows:
SECTIO:\' I
SHORT TITLE:
This .--\ct ma\.' be cited as the "Citv. of Dalton Public Safet\.' Commission Ordinance."
SECTIO:\' II
CI\1L SER\1CE CO\l\!IISSIO:\' :\'.--\..\IE CH.--\:\'GED:
Ga. L. 1945, p. 593 and all subsequent acts amendator\' thereof and more particularly Ga. L. 1958, p. 2105 are hereby amended by striking the term "Chil Senice Commission .. where\'er it appears and inserting in lieu thereof the words "Public Safet\' Commission" so that the three (3) member Commission appointed by the gmerning bnch of the City of Dalton, Georgia and charged with the administration of the affairs of the City of Dalton Police Department and the City of Dalton Fire Department shall hereafter be known as "The Cit\.' of Dalton Public Safetv. Commission.

5126 LOCAL ...\...'\D SPECIAL .--\CTS ,..\...'\D RESOLCTIO:\S, \'OL. II

SECTIO:\ III

SE.--\L:

The City of Dalton Public Safety Commission may adopt an official seal

for use on its official documents and / or any subpoenas issued bY the Cit\'

of Dalton Public Safety Commission. Cpon adoption of said seal the same

shall be kept at all times in the custody and control of the duly appointed

Secretary.

of

the

Cit\. '

of

Dalton

Public

SafetY ,

Commission.

SECTIO:\ I\'

REPEAL OF .--\GE Ll'.\1IT.--\TIO:\'S 0:\ D1PLOY'.\1E:\T:

Ga. L. 1958, p. 2105 is hereby repealed in its entirety and the following language is inserted in lieu thereof:

":\o person shall be employed by the Public Safety Commission of the City of Dalton for work as a mandate peace officer or mandate peace officer in training or certified firefighter or certified firefighter in training unless such person has reached the age of twenty-one (21) years which shall be established by a birth certificate or other proper proof of age acceptable to the Public Safety Commission ...

SECTIO:\ \ '

COMPE;\/S.--\TIO:\ OF CITY ATTOR.".:EY:

Ga. L. 1945, p. 593, ::;22 is hereby repealed so that the City Attorney of the City of Dalton shall not be required to render serYices to the Public Safety Commission "ithout extra compensation.

SECTIO:\ \1

YL..\...'\"D.--\TORY REI:\'ST.--\TE'.\IE:\T:
Ga. L. 1945, p. 593, ~ 12, requiring the mandatory reinstatement of any firefighter or police officer, who while a member of said department, " as inducted or Yolunteered as a member of the .-\rmed Forces of the Cnited States during World War II, is hereby repealed.

SECTIO:\ \11

POLICE CHIEF TO POST FIDELITY BO:\D:
Ga. L. 1937, p . 1723, ~ 11, is amended to proYide that the Police Chief of the City of Dalton, Georgia and his delegate leYying officer, shall giYe fidelity bond to the City of Dalton. Georgia with good and suffictent surety authorized to transact business in the State of Georgia and acceptable to the '.\1ayor and Council of the City of Dalton, Georgia in an amount not less than one hundred thousand (S 100,000.00) dollars. Further, the '.\1ayor and Council of the City of Dalton, Georgia shall be empowered to increase the amount of said fidelity bond from time to time bY resolution in their

GEORGIA L\WS 1999 SESSIO:\'

512i

discretion. The following conflicting proYisions contained in related Local Acts of the General Assembly of Georgia are hereby repealed to the extent hereinafter set forth: Ga. L. I 939. p. 965, ~6 is repealed in its entirety; Ga. L. 1945, p. 593, 6 is repealed to the extent that it proYides an amount of bond for the Police Chief's delegated tax le,~ing officer in an amount other than that prescribed in this Ordinance.
SECTIO:\' \111
SE\ 'ER\BILITI':
If any part of this Ordinance shall be declared illegal for any reason, then such unla\\ful pro,ision shall be deemed to be seYerable from the remainder of this Ordinance and the remainder of this Ordinance shall remain in full force and effect. It is the intention of the \fayor and Council of the City of Dalton, Georgia by the adoption of this Ordinance that any lawful remaining portion of this Ordinance be seYered from any unlmdul portion with the la\\ful portion thereof remaining in full force and effect.
SECTIO:\' IX
EFFECTl\'E DATE:
This Ordinance shall become effectiYe after it's passage by the \1ayor and Council of the City of Dalton at the earliest date permitted by the Municipal Home Rule .\ct of I965, as amended.
SECTIO:\' X
.--\II local laws and parts of law in conflict with this Ordinance are hereby repealed.
This Ordinance haYing been properly considered and adopted by the Mayor and Council of the City of Dalton, Georgia, the same is hereby approYed.
This 08-0i-89 day of August, 1989.
CITI' OF D.--\LTO:\', GEORGL\ BY: j.\:VIES .--\. :VIIDDLETO:\', :VI.\YOR
ATTEST: FAYE :Vl.--\RTIX CITI' CLERK
FIRST RE.--\DI'.'JG: 0i-1 i-89 SECO~D RE.--\DI:\'G: 08-0i-89
GEORGL\, \HHTFIELD COL':\'TI'
CERTIFIC.--\TIO:\'
I. BettY T. Coffey, Clerk or Deputy Clerk of the Mayor and Board of Aldermen of the City of Dalton. a municipal corporation of the State of Georgia, do hereby certif\ as custodian of the minutes of that gmerning

5128 LOC.-\L .-\'.'\D SPECL\L .-\CTS .-\..'-:D RESOLL'TlO'.'\S. \'OL. II
authority that the ,\'ithin and foregoing matter constitutes a true and correct co1w of an ordinance of the City of Dalton. enacted and adopted at the regularly scheduled meetings of the \layor and council of the city of Dalton on Jul\" 17, 1989 and finally on ..\ugust 7, 1989, which are two regular consecuti,e meetings of the \layor and Board of Aldermen of the City of Dalton, and that the original Ordinance as spread upon the permanent minutes and records of the mayor and Board of Aldermen of the Cit\" of Dalton is required to be retained in this otlice.
This 7th day of Januan-, 1999.
Bem. T. Coffe,. CITI' CLERK OR DEPL'TI' CLERK
[CITI' SE.-\L]
GEORGIA. \\1-IITFIELD COL''.'\TY
..\FFID.-\\lT
I. Ruth Bnant, .-\dYertising Director of the Daily-Citizen '.'\ews, a newspaper of general circulation published in the City of Dalton. Georgia do solemnly swear the attached legal adYertisement for CitY of Dalton Public
Safet\' Commission Ordinance has nm 1! times in the legal section of our
newspaper on these dates: 7/2 l / 89, 7/ 28/ 89, & 8/ -l/ 89
Ruth BrYant ..\D\'ERTISl'.'\G DIRECTOR
Sworn to and subscribed before me this 6th day of Januar\', 1999.
Elizabeth A Rader '.'\OT.-\RY \ ly Commission Expires .-\ug 2nd 1999
[SE.-\L]
NOTICE OF PROPOSED AMENDMENT TO CHARTER OF THE CI1Y OF DALTON, GEORGIA
'.'\otice is hereby gi,en that an ordinance has been introduced to amend an .-\ct establishing the Charter for the City of Dalton, Georgia, apprond on February 2-l. 187-l (Ga. L. 187-l. p. 181. et seq.) and the seYeral acts amendator\' thereof, for the follm\'ing purposes:
(i) To repeal a maximum age limitation for initial employment by the City of Dalton Police Department and the City of Dalton Fire Department;

GEORGI.--\ L-\WS 1999 SESSIO:\"

5129

(ii) To change the name of the City of Dalton s CiYil Sen-ice Commission to "The City of Dalton Public Safety Commission";
(iii) To authorize the City of Dalton Public Safety Commission to adopt a seal;
(iY) To delet the requirement that the City Attorney render legal serYices to the Public Safety Commission without extra compensation;
(Y) To repeal a JJrOYision requiring mandatory reinstatement of former personnel after their return from military sen-ice in the armed forces during World \,\'ar II;
(Yi) To require The Chief of the City of Dalton Police Department, and his delegatele,:ing officer, to giYe fidelity bond with good and sufficient surer: to the City of Dalton in an amount not less than Sl00.000.00 and authorizing the goyerning authorit: of the Cit: of Dalton to require an increase in the amount of said fidelitY. bond bY. resolution in their discretion; to proYide for seYerabi!it:, to repeal conflicting laws and ordinances and for other purposes.
.--\ synopsis of the proposed ordinance is as follows:
1. Charter proYision codified as Section 7-9 of the Charter of the Cit: of Dalton as established by Local .--\ct of the General Assembly of Georgia, G.--\. L. 1958, p. 2105, Section 1, proYiding age requirements for emplmment with ,rniYer of age restriction in certain instances is repealed in its entiret: so that there is no maximum age limitation of thirt:-fiye (;~5) years for initial employment with the City of Dalton Police Department and the City of Dalton Fire Department for certified police officers and firefighters in training.
2. Sections 7-1 through 7-20 as codified in the Charter of the CitY of Dalton and created by Local .--\ct of the General .--\ssemblY of Georgia and more particularly Ga. L. 1945, p. 593 and G.--\. L. 1958, p. 2105, and other Local .--\cts constituting the Cit:'s Charter are amended by striking the term "CiYil Senice Commission ,rhereYer it appears and inserting in lieu thereof the words "Public Safer: Commission .. so that the three (3) member Commission appointed by the goYerning body of the CitY of Dalton and charged with administration of the affairs of the Cit: of Dalton Police Department and the Cit: of Dalton Fire Department shall hereafter be known as "the CitY. of Dalton Public Safety. Commission.
3. To proYide that the CitY of Dalton Public Safety Commission may adopt an official seal for use on official documents and subpoenas issued from the Cit: of Dalton Public Safer: Commission and requiring that said seal be kept at all times under the custody and control of a duly appointed secretan. of the Public SafetY. Commission.
4. To repeal Section 7-!, as codified in the Charter of the Cit: of Dalton and created by Local .--\ct of the General Assembly of Georgia; G.-\. L. 1945. p.

5130 LOCAL .-\.'\'D SPECIAL ACTS .-\.'\'D RESOLCTIO:'\S, \'OL. II
593, Section 22, requiring the City .-\ttorney of the City of Dalton to render such sen-ices as are required by the CiYil Sen-ice Commission without extra compensation.
5. To repeal Section 7-20 as codified in the Charter of the CitY of Dalton and created by Ga. L. 19-15, p. 593, Section 12, requiring mandatory reinstatement of any firemen or police officer who while a member of said department was inducted or Yolunteered as a member of the .-\rmed Forces of the Cnited States during \\'oriel War 11.
6. To amend Section 7-10 of the codified Charter of the CitY of Dalton and created by Ga. L 1937, Section 11, to pnwide that the Police Chief of the City of Dalton and his delegate le,~ing officer ghe fideli~ bond to the City of Dalton with good and sufficient sure~ authorized to transact business in the State of Georgia and acceptable to the \laYor of the City of Dalton in an amount not less than one hundred thousand dollars (Sl00,000.00), and further authorizing the goYerning body of the City of Dalton to increase the amount of said bond from time to time b, resolution in their discretion. To repeal contrary proYisions contained in the Charter and created by Local Acts of the General .-\ssembly, Ga. L. 1939, p. 965. Section 6 and Ga. L. 1911, p. 1052, Section 10, b, repeal to the extent of any conflict with the change herein made.
The Ordinance shall be effectiYe upon passage b, the \layor and Council in accordance ,rith the \fonicipal Home Rule .-\ct of 1965, as amended. .-\ copy of the proposed Ordinance amending the Charter of the Ci~ of Dalton, Georgia is on file at the office of the Ci~ Clerk of the City of Dalton, 11-l Pentz Street, Dalton, Georgia and the Office of the Clerk of the Superior Court of \\l1itfield Conn~. Georgia, Conn~ Courthouse, Dalton, Georgia and is aYailable for public examination and inspection during regular business hours of those offices.
The '.\layor and Council of the City of Dalton will consider the proposed Ordinance at two (2) regular consecuthe meetings held on \londay, July 17, 1989 and on \londay, August 7. 1989, both at 7:30 o clock p.m., in the chambers of the \layor and Council at Ci~ Hall, 11-l Pentz Street. Dalton, Georgia.
This 17th day ofJuly, 1989.
James .-\. \liddleton \ hn'Or CitY of
Dalton, Georgia
7/ 21, 7/ 28, 8/ -l
Filed in the Office of the Secretary of State January 1-l, 1999.

GEORGI.-\ L-\WS 1999 SESSIO'.\:

5131

CITY OF D.-\LTO'.\: - E'.\IPLOYEES' PE:\'SIO'.\: PL-\.,; ELEGIBILITY; CITY .-\TTOR.,E\'.
ORDINANCE - AMENDMENTS TO THE MAYOR AND COUNCIL OF THE CITY OF DALTON EMPLOYEES' PENSION PLAN
To .-\mend The Charter Of The City Of Dalton . .-\pprmed February 24, 18i4 (Ga. L. 18i4, p. 181) .-\s .-\mended. Particularly By .-\.n .-\ct .-\pproYed '.\farch 22. l 9i4 (Ga. L. l 9i4. p. 2iH), .-\n .-\ct .-\pprmed February 11, l9ii (Ga. L. 19ii, p. 2601), .-\n .-\ct .-\pprmed '.\farch 18, 1980 (Ga. L. 1980, p.3242), .-\n .-\ct .-\pproYed .-\pril 14. 1982 (Ga. L. 1982, p.5002) Comprehensh-ely ReYising, Consolidating And Restating "The :\-layor And Council Of The City Of Dalton Employees Pension Plan .. ; .-\n Ordinance Adopted Pursuant To Home Rule By The '.\layor And Council On .-\pril 19, 1982; And .-\n Ordinance Adopted Pursuant To Home Rule By The '.\layor And Council On February 20, 1989, To Change The Eligibility Requirements For Employees EffectiYe July I. 1994, To Repeal The Requirement That The City Attorney Render Legal .-\dYice To The Board Of Trustees Without Compensation, And For Other Purposes.
BE IT ORD.-\1'.\:ED bY. the '.\farnr and Board of Aldermen of the CitY. of
Dalton acting pursuant to the po\\ers accorded it under the '.\lunicipal Home Rule .-\ct of 1965, as amended, and by authority of the same, it is hereby ordained as follo\\"s.
Section I.
The Charter of the City of Dalton, Georgia approYed on February 24. 18i4 (Ga. L. 18i4, p.181) as amended, particularly by an .-\ct apprond '.\farch 22. 19i4 (Ga. L. 19i4. p. 2i44), an .-\ct apprmed February 11, 19ii (Ga. L. 19ii, p. 2601), an .-\ct apprmed :\-larch 18, 1980 (Ga. L. 1980, p.3242), an .-\ct apprmed April 14. 1982 (Ga. L. 1982, p.5002) comprehensiYely reYising, consolidating and restating "The '.\fayor .-\nd Council Of The City Of Dalton Employees Pension Plan .. ; an Ordinance adopted pursuant to Home Rule on April 19, 1982; and an Ordinance adopted pursuant to Home Rule on February 20, 1989 (hereinafter referred to as "the Plan"), is hereby amended bY the proYisions of this Ordinance set forth hereinafter.
Section 2.
Paragraph 2.03 of the Plan captioned "Eligibility Requirements for Employees Employed On Or After July 1, 1982" is amended as follo\\"s:
(a) .-\mend the caption to read "Eligibility Requirements for Employees EffectiYe July I, 1994.. , and
(b) Delete subparagraph "(i)" in its entirety and insert in lieu thereof a ne\\" subparagraph (i) as follo\\"s:
Effecthe July 1, 1994, each Employee \\"ho has completed six (6) continuous months of senice shall be eligible to participate in the

5132 LOCAL .-\:'\D SPECIAL ACTS ..\..."\'D RESOLCTIO:'\S, \'OL. II
Plan and shall enter the Plan as a Participant as of the first (1st) day of the month coincident with or immediateh- follmring his/ her satisfying such requirement and there shall be no minimum age requirement.
Section 3.
Section 12.17 of the Plan captioned City Attorney" is deleted in its entirety and repealed and Section 12.17 is reserYed.
Section 4.
This Ordinance shall become effectiYe upon its adoption by the :Vlayor and Board of Aldermen pursuant to the proYisions of the :Vlunicipal Home Rule .-\ct of 1965, as amended.
Section 5.
The Clerk of the CitY of Dalton in addition to meeting the requirements of the :Vhmicipal Home Rule .-\ct of 1965, as amended, shall publish this Ordinance upon its adoption bY the :Vlayor and Board of Alderman in two public places within the City of Dalton for fiye (5) consecuti\'e days following its enactment and shall certifr in her minutes and journal as to the final date of such publication.
Section 6.
.-\II Charter proYisions, ordinances, or parts of ordinances in conflict herewith are expressly repealed only to the extent of such conflict.
BE IT ORD.-\1:'\ED this 6th day of June, 1994.
The foregoing Ordinance receiYed its first reading on 05-16-94 and a second reading on 06-06-94. Cpon second reading a motion for passage of the ordinance was made bY .-\lderman Godfrey, second bY ,-\lderman \frDonald and upon the question the rnte is four ayes, zero l~ays and the Ordinance is adopted.
James .-\. :Vliddleton '.\-L--\YOR
Attest: FaYe L. :Vlartin CITY CLERK
.-\ true copy of the foregoing Ordinance has been published in two public places within the City of Dalton for fiye (5) consecuti\'e days following passage of the aboYe-referenced Ordinance as ofJune 11, 1994.
faye L. '.\fartin CITY CLERK CITY OF- D.-\LTO'.\/

GEORGL\ L-\WS 1999 SESSIO'.\

3133

GEORGI.-\, WHITFIELD coc:-..:n

CERTIFIC.-\.TIO'.\

I. BettY T. Coffey, Clerk or Deputy Clerk of the :\larnr and Board of

Aldermen of the City of Dalton, a municipal corporation of the State of

Georgia, do hereby certif\ as custodian of the minutes of that goYerning

authority that the within and foregoing matter constitutes a true and

correct copy of an ordinance of the City of Dalton, enacted and adopted at

the regularly scheduled meetings of the :\layor and council of the city of

Dalton on :\lay 16. 199-l and finally on June 6, 199-l, which are two regular

consecutiYe meetings of the :\hl\"or and Board of Aldermen of the City of

Dalton, and that the original Ordinance as spread upon the permanent

minutes and records of the maYor and Board of ...\Jdermen of the CitY of

Dalton is required to be retain~d in this office.



This 7th day of Januan. 1999.

BettY. Coffey. c1n CLERK OR DEPcn CLERK

[CITI' SEAL]

GEORGI.-\, WHITFIELD coc:-..:n

.-\FFID.-\.\1T

I. Ruth BrYant. .-\.dYertising Director of the Daily-Citizen '.\ews, a newspaper of general circulation published in the City of Dalton, Georgia do solemnly swear the attached legal ad,ertisement for Ordinance of June 6, 199-l .-\mending the :\laYor and Council of the CitY of Dalton Emplmees
Pension Plan has run 1 times in the legal section of our newspaper on these
dates: 5/ 13/9-l. 5/ 20/ 9-l, 5/ 27/ 9-l, & 6/ 3/ 9-l .

Ruth Bnant .ill\'ERTISl'.\G DIRECTOR

Sworn to and subscribed before me this 6th day of JanuarY. 1999.

Elizabeth .-\.. Rader '.\OT.-\.RY

:\ly commission expires: .-\.ug 2nd 1999

[SEAL]

NOTICE OF CHARTER AMENDMENT BY CITY OF DALTON

'.\otice is hereby giYen that the :\layor and Board of ...\Jdermen of the City of Dalton will consider a proposed Ordinance amending the Charter of the

5134 LOCAL .-\..,D SPECIAL .-\.CTS .-\..,D RESOLCTIO!':S, \'OL. II

City of Dalton (Georgia Law l 8i4, p.181), as amended, and particularly by an .-\ct approYed Ylarch 22, 19i4 (Georgia Law 19i4, p.2i44), an .-\ct approYed February 11, 19ii (Georgia Law 19ii, p.2601), an .-\ct apprmed Ylarch 18, 1980 (Georgia Law 1980, p.3242), an .-\ct appro\'ed April 1-1, 1982 (Georgia Law 1982, p.5002) comprehensiYely reYising, consolidating and restating .. the Ylayor and Council of the City of Dalton Employees' Pension Plan ..; an Ordinance amending the Charter of.-\.pril 19, 1982; and an Ordinance amending the Charter of February 20, 1989; relating to the Ylayor and Council of the City of dalton Employees' Pension Plan in accordance with the Georgia '.'vlunicipal Home Rule .-\ct of 1965, as amended.

The proposed Ordinance modifies the eligibility requirement for participation in the plan effectiYeJuly 1, 1994 by deleting the requirement that a participant attain age twenty-fiye (25). Further, the proposed Ordinance repeals the proYision that the City Attorney render legal adYice to the Board of Trustees without compensation for those legal senices.

First reading of the proposed Ordinance will be conducted by the Ylayor and Board of Alderman at its regularly scheduled meeting of .\fay 16, 1994, with the second and final reading at its next regular meeting of June 6, 1994.

Copy of the proposed Ordinance is on file for public inspection in the Office of Clerk of the CitY of Dalton at CitY Hall, 11-1 Pentz St., Dalton, Ga. 30i20 and in the Office o'fthe Clerk of Superior Court of\i\11itfield County, Georgia, in the \i\11itfield County Courthouse, Dalton, Ga. 30i20. .-\nyone who desires a copy of the amendment will be furnished a written copy upon request to the City Clerk of the City of Dalton.

This 11th day Ylay, 1994.

/ s/ James .-\.. ~iddleton Ylayor, City of Dalton

5/ 13, 5/ 20, 5/ 2i, 6/ 3

Filed in the Office of the Secretary of State January 1-1, 1999.

CITY OF D.-\.LTO~ - EYIPLO\EES' PE::-.iSION PL-\.."\i; ::--.;oRTHWEST GEORGI.-\ TR.\DE .-\..\;D co~,'E::--.;TION cE::--;-TER ALTHORITY; YIEYIBERSHIP.
ORDl'.',;..\..'ICE
Amendment To The y{ayor .-\..nd Council Of The City Of Dalton Employees' Pension Plan To .-\mend The Charter Of The Cit\' Of Dalton, Apprmed February 24, 18i4 (Ga.L.18i4, p.181) As .-\mended, Particularly By An Act .-\.pproYed ~larch 22, 19i4 (Ga.L.19i4, p.2i44), By An .-\ct ApproYed February 11, 19ii (Ga.L. 19i7, p.2601), By An Act ApproYed

GEORGI.-\ L\V.'S 1999 SESSIO!\

5135

.\farch 18, 1980 (Ga.L. 1980, p.3242) By .-\n .-\ct .-\pproYed April 14, 1982 (Ga.L. 1982, p.5002) ComprehensiYely ReYising, Consolidating .-\nd Restating '"The .\fayor .-\nd Council Of The City Of Dalton Employees Pension Plan"; By .-\n Ordinance Adopted Pursuant To Home Rule By The .\fayor .-\nd Council On April 19, 1982; By .-\n Ordinance Adopted Pursuant To Home Rule By The .\layor .-\nd Council On February 20, 1989; By .-\n Ordinance Adopted Pursuant To Home Rule By The .\fayor And Council On June 6, 1994; To Expand The Definition Of "Employer" To Include The :\'ortlrnest Georgia Trade .-\.nd Co1wention Center Authority; To ProYicle For Purchase Of "Credited Sen-ice" By .-\n Eligible Employee Of The :'\orthwest Georgia Trade .-\nd Comention Center Authority Back To January 1, 1989 On Certain Terms .-\nd Conditions; To Pro\ide .-\n Effecti\e Date; .-\nd For Other Purposes
BE IT ORD.-\I:\'ED b\' the .\farnr and Board of Aldermen of the Cit\' of Dalton pursuant to the powers accorded that gmerning authority m{der the .\,hmicipal Home Rule Act of 1965, as amended, and by authority of the same, it is hereby ordained as follows:
-1-
The Charter of the City of Dalton, Georgia approYed on February 24, 18i4 (Ga.L. 18i4, p.181) as amended, particularly bY an .-\ct approYed .\,larch 22, 19i4 (Ga.L. 19i4, p.2i44), by an .-\ct approYed February 11, l 9ii (Ga.L. l 9ii, p.2601), by an Act appro\'ed .\,larch 18, 1980 (Ga.L. 1980, p.3242), by an .-\ct appro\'ed April 1-1, 1982 (Ga.L. 1982, p.5002) comprehensiYely reYising, consolidating and restating "the .\fayor and Council of the City of Dalton Employees Pension Plan"; by an Ordinance adopted pursuant to Home Rule by the .\,layor and Council on April 19, 1982; by an Ordinance adopted pursuant to Home Rule by the .\,layor and Council on February 20, 1989; and by an Ordinance adopted pursuant to Home Rule by the .\,layor and Council on June 6, 1994, is hereby amended by the proYisions of this Ordinance set forth in the following sections.
-2-
Paragraph 1.01 of the Plan captioned "Employer" is amended as follows:
After the words "the Water Light and Sinking Fund Commission," strike the word "or"; after the words "the Cit\' of Dalton" where the\ first appear add a .. : and then the followi1~g words: "or the :\'orthwest Georgia Trade and ConYention Center Authority, an entity created by contract between the Cit\' of Dalton and the Count\' of \\11itfield,"; so that as amended new Section 1.01 captioned "Empioyer" shall read as follows:
"1.01 EmploYer: shall mean whiche\'er of the .\fayor, the Council, the Ci\'il SerYice Commission, the Water, Light and Sinking Fund Commission, the Recreation Commission of the Cit\' of Dalton, or the :'.\Jorthwest Georgia Trade and Co1wention Center At;thority, an entity created by

5136 LOCAL A:--:D SPECIAL ACTS .-\..'>:D RESOLCTIO:--:S, \'OL. II

contract between the CitY of Dalton and the Count\' of \\11itfield, shall

exercise direction and ~ontrol oYer the particip~nt at the time of

reference. and "City" shall mean the :\laYor and Council of the Citv of

Dalton.







-3-

Amend Section 1.05 of the Plan captioned "Emplmee by striking the word "or" \\here it appears after the words "Recreation Commissioners," and add the words "or members of the Board of Directors of the !'\orthwest Georgia Trade and Co1n-ention Center Authority," after the words "(including, but not limited to the Police and Fire Department Commissioners) ... and before the words "nor shall it include am consultant or independent contractor.". so that as amended Section 1.05 captioned "Emplmee" shall read as follm\'s:

J.05 EmploYee: shall mean all persons including the CitY Clerk employed bY an Employer proYided, howewr, it shall not include the :\Iayor, Councilmen. Water, Light and Sinking Fund Commissioners, Recreation Commissioners, CiYil Sen-ice Commissioners (including, but not limited to the Police and Fire Department Commissioners), or members of the Board of Directors of the :--:orthwest Georgia Trade and ConYention Center .-\uthoritY, nor shall it include am consultant or independent contractor.

--1-

Section 1.09 of the Plan captioned "Credited Senice.. shall be amended bY adding the following at the end thereof:

Am participant who commenced his/her participation in this Plan on

the effecl\e date of the amendment to the Plan proYiding for partici-

pation bY eligible emplmees of the :--:ortlrnest Georgia Trade and

ConYention Center AuthoritY may elect to purchase Credited Senice

under the Plan back to January 1. 1989 in accordance with the following

terms and conditions. Such participant(s) shall make such election on

such form as the Board may prescribe and such election form with

pannent required in the next sentence shall be deliYered to the Clerk of

the CitY of Dalton as agent for the Board on or before April 15, 1995,

otherwise such election shall expire. Such participant shall pay into the

Plan i1i consiclt,ration for past sen-ice credit a smn equal to forty (40%)

percent of the estimated actuarial cost of the benefit purchased as

determined by the Plan s independent actuaries. :--:o such participant

may elect to purchase Credited Sen-ice for any period that he/she was

not otherwise eligible to be a Participant in the Plan had this amend-

ment been in effect. The period of Credited Sen-ice elected may,

howeYer, be for all or any portion of his/her period of sen-ice back to

January 1, 1989.

-

GEORGL\ LAWS 1999 SESSIO:':

5137

This Ordinance shall become effectiYe upon its adoption by the :Vlayor and Board of Aldermen pursuant to the proYisions of the :Vlunicipal Home Rule .-\ct of 1965, as amended, as the public health, safety and welfare of the CitY of Dalton require it. The Clerk of the CitY of Dalton shall publish this Ordinance in two public places within the City of Dalton for fiye (5) consecutiYe days follm\'ing its adoption and enter in her minutes and journal the date of completion of such publication.
-6-
All Charter proYisions, Ordinances, or parts of Ordinances conflicting herewith are expressly repealed to the extent of such conflict.
SO ORDAI.'.\ED this 20th day of FebruarY, 1994.
The foregoing Ordinance recei,ed its first reading on 02-06-95 and a second reading on 02-20-95. l 'pon second reading a motion for passage of the ordinance ,ras made by Alderman Elrod, second by Alderman Gamblin and upon the question the ,ote four is ayes, zero nays and the Ordinance is adopted.
James .-\.. '.\liddleton :VL-\YOR
Attest: faye L. '.\fartin CITY CLERK
.-\ true copy of the foregoing Ordinance has been published in two public places within the City of Dalton for fiye (5) consecutiYe days following passage of the abme-referenced Ordinance as of 02-25-95.
faye L. :Vlartin CITY CLERK CITI' OF DALTO.'.\
GEORGL\, WHITFIELD COC.'.\TY
CERTIFICATIO!\i
I, Bett\' T. Coffe,, Clerk or Deputy Clerk of the :Vlayor and Board of Aldermen of the City of Dalton, a municipal corporation of the State of Georgia, do hereby certif\ as custodian of the minutes of that gmerning authority that the within and foregoing matter constitutes a true and correct copy of an ordinance of the City of Dalton, enacted and adopted at the regularly scheduled meetings of the '.lvlayor and council of the city of Dalton on Februan- 6, 1995 and finalh- on Februan 20, 1995, which are two regular consecuti\'e meetings of th~ :Vlayor and Board of Aldermen of the City of Dalton, and that the original Ordinance as spread upon the

5138 LOCAL A.'.m SPECIAL ACTS .-\...'\;D RESOLCTIO!'\S, \'OL. II
permanent minutes and records of the maYor and Board of Aldermen of the City of Dalton is required to be retain~d in this office.
This 7th day of JanuarY, 1999.
Betty. T. Coffey. CITY CLERK OR DEPCTY CLERK
[CITI' SEAL]
GEORGI.-\, WHITFIELD COC'.'\TI'
.\FFID.\\1T
I, Ruth BrYant, AdYertising Director of the Daily-Citizen :'l;ews, a newspaper of general circulation published in the City of Dalton, Georgia do solemnly s,rear the attached legal adYertisement for Ordinance of Februan 20, 199-1 .\mending the Ylarnr and Council of the CitY of Dalton EmploYees Pension Plan
has nm 1! times in the legal section of our newspaper on these dates:
2/ 3/ 95, 2/ 10/ 95 & 2/ 17/ 95
Ruth BrYant .\D\'ERTISI!'\G DIRECTOR
S,rnrn to and subscribed before me this 6th day of Januan, 1999.
Elizabeth A. Rader '.'\OTARY \ly Commission Expires .\ug 2nd 1999
[SEAL]
NOTICE OF CHARTER AMENDMENT BY CITY OF
DALTON
'.'\otice is herby giYen that the mayor and Board of Alderman of the City of Dalton will consider a proposed Ordinance amending the Charter of the City of Dalton (Georgia Law 1874, p.181), as amended, and particularly by an Act approYed Ylarch 22, 1974 (Georgia Law 1974, p.2744), an Act approYed February 11, 1977 (Georgia Law 1977, p.2601), an .\ct apprmed Ylarch 18, 1980 (Georgia Law 1980, p.3242), an .\ct approYed April 14, 1982 (georgia Law 1982, p.5002) comprehensiYely reYising, consolidating and restating "the Mayor and Council of the City of Dalton Employees' Pension Plan"; an Ordinance amending the Charter of April 19, 1982; and an Ordinance amending the Charter of February 20, 1989; relating to the Mayor and Council of the city of Dalton Employees' Pension Plan in accordance with the Georgia \1unicipal _Home Rule .\ct of 1965, as amended.

GEORGIA L-\WS 1999 SESSIO:\'

5139

The proposed Ordinance proYides for participation in The Plan bY eligible employees of the :\'orthwest Georgia Trade & ConYention Center Authority to be effectiYe as of January 1, 1995, and proYides a specified period of time during which eligible employees of the :'\orthwest Georgia Trade & Cmn-ention Center may buy back past senice credit to date of their first senice not precedent to January 1, 1989 by payment of forty (40%) percent of the estimated actuarial cost of the benefit and with the remaining sixty (60%) of the estimated actuarial cost of the benefit to be paid to the Plan by the employer.

First reading of the proposed Ordinance will be conducted by the Ylayor and Board of Alderman at its regularly scheduled meeting of February 6, 1995, with the second and final reading at its next regular meeting of February 20, 1995.

Copy of the proposed Ordinance is on file for public inspection in the Office of the Clerk of the City of Dalton at City Hall, 114 Pentz Street, Dalton, Georgia 30i20 and in the Office of the Clerk of Superior Court of \'\'hitfield County, Georgia, in the \'\11itfield County Courthouse, Dalton, Georgia, 30i20. Anyone who desires a copy of the amendment will be furnished a written copy upon request to the City Clerk of the City of Dalton.

This 31st day ofJanuary, 1995.

/ s/ James A '.\1iddleton Ylayor, City of Dalton

2/ 3 2/ 10 2/ 1i

Filed in the Office of the Secretary of State January 14, 1999.

CITY OF DALTO:\' - '.\1.-\YOR A'\D COCNCIL/ BOARD OF ALDER.VIE~; COMPE!"\SATIO~.
ORDI~A.~CE S.-\L\RY AMENDME~T FOR THE ELECTI\'E MEMBERS OF THE GO\'ER.i"\ilNG ACTHORITY OF THE CITY OF DALTO~
An Ordinance To Amend The Charter Of The City Of Dalton (Georgia Law 18i4, p.181, Section 20) , As Amended, To Increase The Annual Salary Of The Mayor And The Members Of The Council-Board Of Aldermen; To Prmide An EffectiYe Date For Such Increases In Salary; And For Other Purposes
BE IT ORDAl!"\ED by the Mayor and Board of Aldermen in regular meeting assembled and by the authority of the same it is hereby ordained as follows:

5140 LOCAL A.'.-,iD SPECIAL ACTS ,-\..'-.JD RESOLL'TIOI-,;S, \'OL. II

-1-

The Charter of the City of Dalton, Georgia approYed on February 2-1,

1874 (Georgia Law 1874, p.181, Section 20) as amended, and 1~10re

particularly by Georgia Law 1877, p.155, Section l; Georgia Law 188+85,

p.381, Section 9; Georgia Law 1886-87, p.529, Section l; Georgia La\\ 1902,

p.390, Section I; Georgia Law 1921, p.864, Section 11; Georgia Law 1951,

p. 2202, Section 2; and Georgia Law 1973, p.3014, Section 1, setting an

annual salary for the \fayor of the CitY of Dalton and the members of the

Council/Board of Aldermen of the CitY of Dalton, is hereby amended bY

the proYisions of this Ordinance set fo1'.th hereinafter.





-2-

a. Effecti\'e immediately after the taking of office of those elected at the next regular municipal election presently scheduled under the Georgia .\1unicipal Election Code for :'.'\oYember 7, 1995, the :Vlayor of the City of Dalton shall receiYe an annual salan- of SeYen Thousand Two Hundred and no/ 100 (S7,200.00) dollars payable in equal monthly installments from the general and unrestricted funds of the City of Dalton .

b. EffectiYe immediately after the taking of office of those elected at the next regular municipal election presently scheduled under the Georgia Municipal Election Code for :'.'\oyember 7, 1995, each member of the Council/Board of Aldermen of the City of Dalton shall receiYe an annual salary of Six Thousand and no/ 100 (56,000.00) dollars payable in equal monthly installments from the general and unrestricted funds of the City of Dalton.

-3-

The Clerk of the City of Dalton in addition to meeting the requirements of the .\1unicipal Home Rule Act of 1965, as amended, shall publish this Ordinance upon its adoption by the .\1ayor and Board of Aldermen in two public places within the City of Dalton for fiye consecuti\e days following its enactment and shall certify in her minutes and journal the date of completion of such publication.
-4-

All Charter proYisions, ordinances, or parts of ordinances in conflict with the proYisions of Section 2 of this Ordinance are hereby repealed.

SO ORDAINED this 9th day of Sept, 199.Q..

The foregoing Ordinance receiYed its first reading on 09-05-95 and a second reading on 09-09-95. L'pon second reading a motion for passage of the Ordinance was made bY Alderman ~cDonald, second bY Alderman Elrod, and upon the question the Yote i_s ~ ayes and 1 n~\'s and the Ordinance is adopted / rejected.

GEORGL\ L-\WS 1999 SESSIO~

5141

James A .\liddleton .\,fayor
Attest: FaYe L. .\fartin Cit" Clerk
A true copy of the foregoing Ordinance has been published in two public places within the City of Dalton for fiye (5) consecuti,e days following passage of the abme-referenced Ordinance as of the 18th day of Sept, 1995.
FaYe L. .\fartin City Clerk, City of Dalton
GEORGL-\, \i\'HITFIELD COC'.\TY
CERTIFICATION
I, Bett\' T. Coffey, Clerk or Deputy Clerk of the .\farnr and Board of Aldermen of the City of Dalton, a municipal corporation of the State of Georgia, do hereby certify, as custodian of the minutes of that goYerning authority that the within and foregoing matter constitutes a true and correct copy of an ordinance of the City of Dalton, enacted and adopted at the scheduled meetings of the .\fayor and Council of the City of Dalton on September 5, 1995 and finally on September 9, 1995, which are two consecuthe meetings of the .\layor and Board of Aldermen of the City of Dalton, and that the original Ordinance as spread upon the permanent minutes and records of the .\fa.yor and Board of Aldermen of the CitY. of Dalton is required to be obtained in this office.
This 8th of Januan- 1999.
BettY. T. Coffey. CITY CLERK OR DEPLTY CLERK
(CITY SEAL)
LEGAL AFFIDAVIT
I, Sheha \ilyers, Classified AdYertising .\lanager of The Daily CitizenNews, a newspaper published in the City of Dalton, Georgia, do solemnly swear the adYertisement for:
MaYor & Board of Alderman of the CitY of Dalton to enact an ordinance increasing the compensation of the maYor & the Board of Alderman
Has run ~ times in the newspaper.
Run dates are as follows:
8/ 24/ 95, 8/ 31 / 95 and 9/ 7/ 95
Sheha Myers, Classified AdYertising Manager

5142 LOCAL .,.\.'\iD SPECIAL ACTS A"\;D RESOLCTIONS, \'OL. II
S,rnrn on this day January I I, 1999 ::--iotarY Public Elizabeth A Rader \.fr Commission Expires Aug 2nd 1999
PUBLIC NOTICE
~otice of intent is ghen by the Mayor and Board of Alderman of the City of Dalton to enact an ordinance increasing the compensation of the mayor and the Board of Alderman. A Yote on this porposed ordinance will be taken at a specially called meeting of the Mayor and Board of Alderman on Saturday, September 9, 1995, at 9 a.m. The purpose of the ordinance is generally to raise the annual salary of the members of the goYerning authority effecti,e January 2, 1996, as follows:
:vlayor: from $2,400 to $7,200
\.'!embers of Board of Alderman: from $1,800 to $6,000
This 21st day of August, 1995.
James A. :vliddleton \.fayor
8/24 8/31 9/7
Filed in the Office of the Secretary of State January 14, 1999.
CITY OF DALTON - BOARD OF WATER, LIGHT .,.\."\;D SI~KING FC::--iD COM:vlISSIONERS; ME:vlBERS; TER:vlS; \'AC.,.\."\;CIES.
ORDINANCE CHARTER AMENDMENT BY HOME RULE
(O.C.G.A. S 36-35-1, et. seq.)
To Amend The Charter Of The City Of Dalton To Add Two Additional :viembers To The Board Of Water, Light ,-\nd Sinking Fund Commissioners So That As Recomposed That Board Shall Be Composed Of FiYe \.'!embers; To ProYide For Staggered Terms; To ProYide For The Continuation Of Remaining Terms Of Current \.'!embers; To ProYide Staggered Terms For Current And '.'\ew \.'!embers; To ProYide For Terms Of FiYe Years Thereafter; To ProYide For Filling Of Vacancies; To ProYide An EffectiYe Date; And For Other Purposes.
BE IT ORDAI:'IED b, the Mamr and Board of Aldermen of the Cit\' of Dalton in regularly call~d meeti~g assembled and by the authority of same it is hereby ordained as follows:
Section 1
This Ordinance is enacted pursuant to the City's Constitutional and statutory powers of home rule (O.C.G..-\. 3&-35-1 et. seq.) and may be

GEORGI.-\ L-\\\'S 1999 SESSIO:\'

5143

recited as "the CitY of Dalton Board of Water, Light and Sinking Fund Commissioner's Recomposition .--\ct".
Section 2
The YlaYor and Board of Aldermen find there has been established a Board of Water, Light and Sinking Fund Commissioners under the Charter of the City of Dalton, Ga. L. 1874, p. 181; Ga. L. 1913, p. 766 (.-\ct 137); Ga. L. 1947,p. 120l;Ga.L. 1955,p. 273l;Ga. L. 1950, p. 2003;Ga. L. 1977,p. 4612; Ga. L. 1886-87, p.546, and by an Ordinance of the City of Dalton of December 1, 1975, composed of three (3) members and with the power and authority to operate and maintain an electrical power, natural gas, water and sewerage utility of the City of Dalton. It is the intent of the Ylayor and Board of Aldermen bY this Ordinance amending the City's Charter to recompose the Board of Water, Light and Sinking Fund Commissioners to a municipal commission of fiye (5) members to be appointed at staggered terms by the yfayor and Board of Aldermen; to stagger terms by leaYing unchanged the terms of existing members and adding two ne" positions at initial staggered terms of four (4) years for one new position and of fiye (5) years for the remaining new position; to proYide that appointments subsequent to expiration of terms of existing positions and new positions be for fi\e (5) calendar years; to prmide for the filling of any Yacancy for the unexpired term; to proYide an effecti,e date and other enumerated purposes.
Section 3
On the effectiYe date of the Ordinance the Board of Water, Light and Sinking Fund Commissioners (hereinafter "the Board") shall be composed of fi,e (5) members to be appointed by the Ylayor and Board of Aldermen. Immediately before the effecti,e date of the Ordinance the Board of Water, Light and Sinking Fund Commissioners is composed of three (3) members appointed by the \fayor and Board of Aldermen for staggered terms of three (3) years. This recomposition shall be accomplished by adding two new positions. To retain staggered terms for the full fiye (5) members of the Board as well as allow fulfillment of existing unexpired terms of current members the initial fiye (5) membership shall be composed as follows:
Current Ylember .. Paul L. Bradley ....... . . I year remaining on term of present appointment as of 1-1-96
Current Ylember .. Paul . Henson, Jr..... 2 years remaining on term of present appointment as of 1-1-96
Current Member .. to be appointed ........ initial term of 3 Years as of 1-1-96

51-14 LOC..\L ..\."\D SPECIAL ..\CTS ..\."\D RESOLCTIO:'.\S. \'OL. II
:'.\ew \lember . . . . to be appointed . .. . . .. . . . initial term of four (-l) years as of 1-1-96
:'.\ew \lember . ... to be appointed .. . ..... . . initial term of fiye (5) years as of 1-1-96
Section -l
..\11 appointments subsequent to expiration of those current and initial staggered terms proYided in Section 3 of this Ordinance shall be for terms of fi,e (5) years. ..\ny Yacancy in the term of a member shall be filled for the expiration of that term b, appointment of the \layor and Board of Aldermen.
Section 5
For purposes of this Ordinance the period of a year in reference to term of appointment shall mean a calendar year and in refere nce to current and initial staggered terms shall mean any part of calendar year 1996.
Section 6
This Ordinance shall become effecthe upon enactment by the \layor and Board of Aldermen pursuant to the Georgia \lunicipal Home Rule ..\ct, O .C.G...\. 36-35-1. et. seq.. but in no eYent later than the date upon which it shall ha,e been published in two public places in the City of Dalton for fiye (5) consecuthe days following enactment and the Clerk shall enter such date at the foot of the enrolled Ordinance in her journal of the proceedings of the \fayor and Board of Aldermen.
SO ORD..\I:'.\ED, this 19th day of FebruarY, 1996.
This Ordinance receiYed a first reading on 02-05-96 and a second reading on 02-19-96. ..\fter its second reading a motion was made by Alderman Elrod, with a second by Alderman Winkler for its passage. Cpon the question the Yote is four ayes, zero nays and the Ordinance is adopted.
James ..\. \'liddleton \L.\YOR
..\ttest: Faw L. \lartin CITY CLERK
..\ true copy of the foregoing Ordinance has been published in two public places within the City of Dalton for fiye (5) consecuthe days following passage of the aboYe-referenced Ordinance as of 02-2-1-96.
FaYe L. \fartin CITI'CLERK
c1n OF D..\LTO:'.\
GEORGI..\, WHITFIELD coc::,.;-n

GEORGL\ L\WS 1999 SESSIO~

5145

CERTIFIC\TIO~

I, BettY T. Coffey, Clerk or Deputy Clerk of the '.\fayor and Board of Aldermen of the City of Dalton, a municipal corporation of the State of Georgia, do hereby certify, as custodian of the minutes of that gmerning authority that the "ithin and foregoing matter constitutes a true and correct copy of an ordinance of the City of Dalton, enacted and adopted at the regularly scheduled meetings of the '.\fayor and council of the city of Dalton on Februan- 5, 1996 and finally on Februan- 19, 1996, which are two regular consecutiYe meetings of the \-layor and Board of Aldermen of the City of Dalton, and that the original Ordinance as spread upon the permanent minutes and records of the mayor and Board of Aldermen of the City of Dalton is required to be retained in this office.

This 7th day of JanuarY, 1999.

BettY.

T.

Coffey ,

CIIT CLERK OR DEPLTY CLERK

[CITI' SEAL]

GEORGL\, \\1-IITFIELD COC~TY

.\FFID.\\1T

I, Ruth Bn-ant, .\dyertising Director of the Daily- Citizen ~ews, a newspaper of general circulation published in the City of Dalton, Georgia do solemnly swear the attached legal ach-ertisement for The CitY of Dalton Board of Water, Light and Sinking Fund Commissioner's Recomposition .\ct has nm ~ times in the legal section of our newspaper on these dates: 2/ 2/ 96, 2/ 9/ 96, 2/ 16/ 96
Ruth Brrnnt .\D\'ERTISI~G DIRECTOR

Sworn to and subscribed before me this 6th day of JanuarY, 1999.

Elizabeth .\. Rader ~OT.\RY My Commission Expires Aug 2nd 1999
[SEAL]

PUBLIC NOTICE

Notice of Charter Amendment by Home Rule

Public notice is hereby giYen by the Mayor and Board of Alderman of the
CitY of Dalton, of its intent to amend the Charter of the Citv of Dalton, GA
L. i874, p . 181, as more particularly amended by local Act~ of the General

5146 LOCAL ...\.."'\'D SPECIAL .-\CTS ...\..'\D RESOLLTIO:'\S, \'OL. II

Assembly of Georgia being Ga. L. 1890-91. p. 52'"1, paragraphs 1-4; Ga. L. 1913. p. 786 (.-\ct 137); Ga. L. 1947, p. 1201; Ga. L. 2731; Ga. L. 1950, p. 2003; Ga. L. 1977, p. 4612; Ga. L. 1886-87. p. 5'"16; and as more particularly amended bY an Ordinance of the CitY of Dalton of December l, 1975, pursuant to its power under the Georgia Home Rule .-\ct , O.C.G..-\. 36-35-1, et. seq., for the purpose of re composition of the Board of Water Light and Sinking fund Commissioners of the City offiye (5) members with staggered terms to be appointed by the \fayor and Board of .-\ld~rman.

The proposed Ordinance establishes a fiye (5) member Board of Water,

Light and Sinking Fund Commissioners for the City

control,

operate and maintain an electrical power, natural gas, ,rnter and sewerage

utility of the Cit\ of Dalton and whose composition is initiated by two

additional positions and for terms as follows:

current member - Paul E. Henson.Jr. 2 yaers remaining as of 1/ 1/ 96

current member - Paul L. Bradley 1 year remaining as of 1/ 1/ 96

current member to be appointed 3 years beginning I / 1/ 96

new member to be appointed 4 years beginning 1/ 1/ 96

new member to be appointed 5 years beginning 1/ 1/ 96

.-\ny rncancy in the term s of members of the Board of \Yater, Light and Sinking Fund Commissioners shall be filed by appointment of the \fayor and Board of .-\lderman for the remainder of the unexpired term.

.-\II members appointed subsequent to the initial staggered terms proYided shall be for terms of fi,e (5) years. For purposes of this Ordinance a "year" of term is a calendar year from January 1 of a year through December 31 of the same Year.

This Ordinance shall recei,e its first reading before the \fayor and Board of .-\lderman at its regular meeting of February 5, 1996 at 7:30 p.m. at City Hall, 114 :\'orth Pentz Street, Dalton, Georgia. .-\ second and final reading of the Ordinance shall be held bY the \1arnr and Board of .-\lderman at its next regular meeting on Februa~y 19, 1996 at which time the Ordinance maY be enacted into law.

.-\ complete copy of the Ordinance is on file in the Office of the City Clerk of the City of Dalton, 114 Pentz Street, Dalton, Georgia 30720 and in the Office of the Clerk of the Superior Court of\.\11itfield County, Georgia 30720 and in the Office of the Clerk of the Superior Court of \.\11itfield County, Georgia, \.\11itfield County Courthouse, Dalton, Georgia 30720 for public inspection and copying.

this 30th day ofJanuary, 1996.

James A Middleton \1ayor, City of Dalton

2/ 2 2/ 9 2/ 26

Filed in the Office of the Secretary of State January 14, 1999.

GEORGI.--\ L\\\'S 1999 SESSIOX

514i

CITY OF D.--\LTOX - E\-lPLO\EES' PEXSIOX PL-\..,; D.--\LTOX\\'HITFIELD REGIOX.-\L SOLID W.--\STE \L-\..,.--\GE\1lEXT .--\LTHORITY;
\lE\lBERSHIP.
ORDINANCE
Amendment To The \layor .--\nd Council Of The City Of Dalton Employees Pension Plan l'nder The Charter Of The City Of Dalton .--\pproYed February 2-l. l8i-l (Ga. L. 18i-l, p.181) . .--\s .--\mended, Particularly By .--\n .--\ct .\pproYed \larch 22, 19i-l (Ga. L. 19i-l, p. 2i44), By .--\n .--\ct .--\pproYed February 11. I9ii (Ga. L. I9ii, p. 260 I), By .--\n .\ct .--\pproYed \larch 18, 1980 (Ga. L. 1980, p.32-12). By .--\n .--\ct .\pprmed April 1-l, 1982 (Ga. L. 1982, p.5002) ComprehensiYely ReYising, Consolidating .--\nd Restating "The \layor .--\nd Council Of The City Of Dalton Employees Pension Plan"; By .--\n Ordinance .\dopted Pursuant To Home Rule By The \-layor .\nd Board Of Aldermen On .\pril 19, 1982; By .--\n Ordinance Adopted Pursuant To Home Rule BY. The \fay. or .--\nd Board Of Aldermen On February 20, 1989, By .--\n Ordinance Adopted Pursuant To Home Rule By The \layor .--\nd Board Of Aldermen On June 6, 1994; .--\nd By .--\n Ordinance .\dopted Pursuant to Home Rule By The \-Iayor .--\nd Board Of .\ldermen On February 20. 1995; For Purposes of Expanding The Definition Of "Employer" To Include The Dalton-\\l1itfield Regional Solid Waste \lanagement Authority; To ProYide .-\n Effecti\e Date RetroactiYe To The Date Of .\ctiYation of The Dalton-\\l1itfield Regional Solid Waste \-lanagement Authority; To Prmide For Xo Break In Sen-ice For Each Employee Of The Dalton-\\l1itfield Regional Solid Waste \fanagement Authority \\110 \\'as .--\n Eligible Employee In The Plan .\t The Time Of .--\ctiYation Of The Dalton-Whitfield Regional Solid Waste \lanagement .\uthority; .-\.nd For Other Purposes
BE IT ORD.\IXED bY. the \lar. nr and Board of Aldermen of the CitY. of Dalton pursuant to the powers accorded that gmerning authority under the \lunicipal Home Rule .\ct of 1965, as amended, and by authority of the same, it is herebY ordained as follows:
Section 1.
The Charter of the City of Dalton, Georgia approYed on February 2-l, 18i-l (Ga. L. 18i4. p.181) as amended, particularly by an .--\ct approyed \larch 22, 19i-l (Ga. L. 19i-l, p. 2i4-l), by an .--\ct approYed February 11. 19ii (Ga. L. 19ii. p. 260 I). by an .\ct apprmed \-larch 18, 1980 (Ga. L. 1980, p.32-12). by an .\ct apprmed .\pril 1-l, 1982 (Ga. L. 1982, p.5002) comprehensiYely re,ising, consolidating and restating "The \layor .--\nd Council Of The City Of Dalton Employees Pension Plan"; by an Ordinance adopted pursuant to Home Rule by the \layor and Board of .\ldermen on April 19, 1982; by an Ordinance adopted pursuant to Home

5148 LOC.-\L .-\..,D SPECIAL .-\CTS .-\..,D RESOLCTIO:\'S, \'OL. II
Rule bY the Ylarnr and Board of .-\ldermen on February 20 1989 bY an Ordinance adopted pursuant to Home Rule by the yfa~or ~nd B~ard of Aldermen on June 6, 1994; and by an Ordinance adopted pursuant to Home Rule bY the \1arnr and Board of ..\ldermen on February 20 1995 is hereby amended by the prmisions of this Ordinance set forth in the following sections:
Section 2.
Paragraph 1.01 of the Plan captioned "Employer" is amended as follows:
.-\fter the words "the Recreation Commission of the CitY of Dalton," strike the word "or"; after the words ":\'orthwest Georgia Trade and ConYention Center .-\uthoritY, an entitY created bY contract between the City of Dalton and the County o(\.\11itfield,'; add the following words: "or the Dalton-\.\11itfield Regional Solid Waste .\1anagement .-\uthority, a regional solid ,rnste management authority of the City of Dalton and County of \.\11itfield created jointly by the goYerning bodies of those jurisdictions pursuant to the Regional Solid Waste .\1anagement .-\uthorities .-\ct (O.C.G..-\. 12-8-50 et seq.),"; so that as amended new Paragraph 1.01 captioned "Employer" shall read as follows:
"1.01 EmploYer: shall mean whicheYer of the Ylayor, the Council. the CiYil Sen-ice Commission, the Water, Light and Sinking Fund Commission, the Recreation Commission of the City of Dalton, the :\'orthwest Georgia Trade and ConYention Center Authority. an entitY. created bY. contract between the CitY. of Dalton and the CountY of\.\bitfield, or the Dalton-\.\11itfield Regional Solid Waste .\1anagement Authority, a regional solid waste management authoritY. of the CitY. of Dalton and CountY of \.\11itfield created jointly by the goyerning bodies of those jurisdictions pursuant to the Regional Solid \,\'aste \fanagement .-\uthorities ..\ct (O.C.G.A. 12-8-50 et seq.), shall exercise direction and control oYer the participant at the time of reference, and "City" shall mean the .\1aY. or and Council of the CitY. of Dalton ...
Section 3.
.-\mend Paragraph 1.05 of the Plan captioned "Employee" by striking the word "or" where it appears after the words "CiYil Senice Commissioners (including, but not limited to the Police and Fire Department Commissioners), .. and add the words: "members of the Dalton-\.\11itfield Regional Solid Waste \lanagement .-\uthority," and before the ,rnrds "nor shall it include any consultant or independent contractor.... so that as amended Paragraph 1.05 captioned "Employee shall read as follows:
"1.05 Employee: shall mean all persons including the City Clerk employed by an Employer proYided, ho\\eyer, it shall not include the yfayor, Councilmen, Water, Light and Sinking Fund Commissioners,

GEORGL\ L\\\'S 1999 SESSIO~

51--19

Recreation Commissioners, CiYil Sen-ice Commissioners (including, but not limited to, the Police and Fire Department Commissioners), members of the Board of Directors of the ~orthwest Georgia Trade and C01n-ention Center ..\uthority, or members of the Dalton\\l1itfield Regional Solid Waste '.\lanagement Authority, nor shall it include any consultant or independent contractor...
Section -1.
Paragraph 1.09 of the Plan captioned "Credited Sen-ice.. shall be amended by adding the following at the end thereof:
..\ny eligible employee of the Dalton-Whitfield Regional Solid Waste '.\lanagement ..\uthority who had commenced his/ her participation in this Plan on or before the effectiYe date of this amendment to the Plan proYiding participation by eligible employees of Dalton-\\l1itfield Regional Solid \\'aste '.\lanagement ..\uthority and who was an employee of the City of Dalton participating in the Plan on the day immediately preceding the actiYation of the Dalton-\\l1itfield Regional Solid \\'aste '.\lanagement ..\uthority shall be deemed to haYe accrued no break in sen-ice under the Plan between his/her employment with the City of Dalton and his/ her transfer to the Dalton-\\l1itfield Regional Solid \\'aste '.\fanagement Authority.
Section 5.
This Ordinance shall become effectiYe retroacti\eh to the date of actiYation of the Dalton-lwhitfield Regional Solid Waste '.\fanagement Authority which is December 12, 1995, upon its adoption by the '.\fayor and Board of ..\ldermen pursuant to the pro,isions of the Georgia '.\lunicipal Home Rule Act of 1965, as amended, for the public health, safety and welfare of the City of Dalton require it. The Clerk of the City of Dalton shall publish this Ordinance in two public places within the City of Dalton for fiye (5) consecutiYe days following its adoption and enter in her minutes and the journal the date of completion of such publication.
Section 6.
..\II Charter proYisions, Ordinances, or parts of Ordinances conflicting herewith are expressly repealed to the extent of such conflict.
SO ORD..\I~ED this 15th day of ..\pril, 1996.
The foregoing Ordinance receiYed its first reading on 0-1-01-96 and a second reading on 0-1-1:>-96. L"pon second reading a motion for passage of the ordinance was made bY ..\lderman Elrod, second b, ..\lderman Grant and upon the question the ,ote is four ayes, zero nays ,{nd the Ordinance is adopted / rejected.
James ..\. '.\liddleton '.\L.\YOR

5150 LOCAL .--\.."'\D SPECIAL ACTS .--\.."'\D RESOLCTIO:\'S, \'OL. II

Attest: faye L. \1artin CITI' CLERK

A true cop, of the foregoing Ordinance has been published in two public places within the CitY of Dalton for ffre (5) consecutiYe da,s following passage of the abon-referenced Ordinance as of 04-20-96.
FaYe L. \fartin CITI' CLERK
c1n OF DA.LTO::\'

GEORGIA, V\1-IITFIELD COC::\'TI'

CERTIFICATIO::\'

I, BettY T. Coffey, Clerk or Deputy Clerk of the \fa,or and Board of Aldermen of the Cit, of Dalton, a municipal corporation of the State of Georgia, do hereby certify, as custodian of the minutes of that goYerning authority that the within and foregoing matter constitutes a true and correct cop, of an ordinance of the Cit, of Dalton, enacted and adopted at the regular!, scheduled meetings of the \fa,or and council of the cit, of Dalton on April 1, 1996 and finalh on April 15, 1996, which are two regular consecutiYe meetings of the \fa,or and Board of Aldermen of the Cit, of Dalton, and that the original Ordinance as spread upon the permanent minutes and records of the maY. or and Board of Aldermen of the CitY. of Dalton is required to be retained in this office.

This 7th da, of JanuarY, 1999. BettY. T. Coffey. CITI"CLERK OR DEPCTI' CLERK [CITI' SE..\L]

GEORGIA, V\1-IITFIELD COC::\'TI'

.--\FFID.--\\1T

I, Ruth Bn-ant, AdYertising Director of the Daily-Citizen ::\'ews, a newspaper of general circulation published in the Cit, of Dalton, Georgia do solemn!, swear the attached legal adYertisement for Ordinance of April 15, 1996 ...\mending the \1arnr and Council of the CitY of Dalton EmploYees Pension Plan has run~ times in the legal section of our newspaper on these dates:

3/ 30/ 96, 4/ 5/ 96 & 4/ 12/ 96

Ruth Bnant ...\D\'ERTISI:'\G DIRECTOR

GEORGIA L\WS 1999 SESSIO:'.\:

5151

Sworn to and subscribed before me this 6th day of Januan, 1999.
Elizabeth A. Rader :'\OTARY \ly Commission Expires Aug 2nd 1999
[SEAL]
PUBLIC NOTICE
:'\otice is hereby giYen that the Mayor and Board of Alderman of the City of Dalton will consider a proposed Ordinance amending the Charter of the City of Dalton (Ga. L. 1874, p. 181); as amended, and particularly as amended by an Act apprmed March 22, 1974 (Ga. L. 1974, p.2744), .-\ct approYed February 11, 19ii (Ga. L. 19ii, p. 2601), an .\ct approYed '.\farch 18, 1980 (Ga. L. 1980, p.3242), and an .\ct apprmed April 14, 1982 (Ga. L. 1982, p.5002) comprehensiYely reYising, consolidating, and restating "The \layor and Council of he City of Dalton Employees Pension Plan .. ; an Ordinance amending the Charter of April 19, 1982; an Ordinance amending the Charter of February 20, 1989: an Ordinance amending the Charter of June 6, 1994; and an Ordinance amending the Charter of February 20. 1995; and the proposed Ordinance relates to the \.1ayor and Council of the City of Dalton Employees Pension Plan to be made in accordance with the Georgia Municipal Home Rule .\ct of 1965, as amended.
The proposed Ordinance pro,icles for participation in the Mayor and Council of the City of Dalton Employees Pension Plan by eligible employees of the Dalton \i\11itfield Regional Solid Waste Management .-\uthoritY to be effectiYe retroactiYeh as of December 12, 1995, the elate of actiYatio{1 of that Authorin, and the members of that .\uthoritY are excluded from participati01; . All employees of the Authority who \\ere participants in the Plan on the day before the actiYation of the Authority and "ho were transferred from the employment of the City to the .-\uthority will not be considered to ha,e a break in senice for purposes of computing "Credited Sen-ice...
The first reading of the proposed Ordinance will be conducted by the \layor and Board of Alderman at its regularly scheduled meeting of April 1, 1996, with the second and final reading at its next consecuti\e regular meeting of April 15, 1996.
A copy of the proposed Ordinance is on file for public inspection in the Office of the Clerk of the CitY of Dalton at Cin Hall, 114 Pentz Street, Dalton, Georgia 30720 and in the Office of the Clerk of Superior Court of \i\11itfield County, Georgia, \i\11itfield County Courthouse, Dalton. Georgia 30720. Anyone who desires a copy of the proposed Ordinance will be furnished a written copy upon request to the City Clerk of the City of Dalton.

5132 LOCAL .\:--:D SPECL-\L.-\CT .-\..'-:D RESOLL'TJO:--:S, \'OL. ll
.
This 28th clay of \'larch, 1996.

James A. \iliddlcton \fayor, City of Dalton

3/30 -1-/ 5 - -1-/ 12

Filed in the Otli of the ccr tary of State January 1-1-, 1999.

CITY OF DALTO:\' AIRPORT Al"Tl IORITY - PL"RPOSES: POWERS.
CITY OF Dr\LTO:\' .\JRPORT ALTHORITY POWER .\..vlE:\'D'.\lE'.\/T
September, 1996
ORDl:\'.-\..\iCE
TO .\YIE:\D .\..\i ACT ESTA.BLISHl:\'G A CHARTER FOR THE CITY OF DALTON .-\PPRO\'ED FE.BRC.-\RY24, 1874 (GA. L. 1874, P. 181, ET. SEQ.) ,\..\JD Tl IE E\'ER \L .-\CTS AYIE:\'DI:\'G Tl IEREOF A:-.;D YIORE PARTI(~ CL.-\RLY .\..'\; ORDIN.\..~CE BY lIO\IE RCLE OF THE CITY OF DALTO!\: OF JA.\JCARY 19, 1987 CRE.-\TING .-\'.\iD ESTABLISHI:\'G THE CITY OF D.r\LTON AIRPORT AL"TIIORITY ("THE ACTHORITY'), SO AS TO LIMIT TIIE PCRPOSE .\:\'D PO'WERS OF TIIE ALTHORITY; TO REPE,\J , CONFLICTI:--lG L -\WS .-\..'\iD ORDIN.-\..\lCES; TO PRO\1DE FOR . N EFFECT!\' DATE: AND FOR OTHER PCRPOSES
BE IT ORD,\J'.'.ED b,. the \ila.rnr and Board of . ldermen of the CitY. of Dalton acting pursuant to the pow rs accorded it as a governing authority to amend its ,barter und -r "Th \lunicipal Home Rule Act of 1965.. , as amcnd<.'d, and by authority of the same, it is hereby ordained as follows:
ECTIOS I
SI !ORT TITLE
This Act may b citt'cl as "the City of Dalton Airport Authority Powers Amendment."
ECTIO:\' II
POWERS .\YI.E:\'D'.\1:--JT
Th Charter of the City of Dalton appro\'(_d on F bruary 2-1-, 1874 (Ga. L. 1874, p. 181, et. s<'q .) and th se,eral .\cts amending thereof and more particularly "the ,ity of Dalton .\irport Authority Ordinance" ,ehicle is an Ordinan , by I Iome Ru! of the City of Dalton of.January 19. 1987 creating and stablishing the City of Dalton . irport . uthority ("the Authority") is h reby amended as follows:
a) D let the third sentence of ection II of the "City of Dalton Airport .\uthority Ordinance" (hereinafter "Authority Ordinance") and insert in lieu thereof the following:

GEORGIA L\WS I999 SESSIO:\'

5153

Its purposes shall be to oYersee the day-to-day operation and general management of the existing airport and landing field of the City of Dalton for the use of aircraft and related aeronautical actiYities.
b) Subject to any general limitations enacted by the :Vlayor and Board of Aldermen as well as the budgetary allowances or limitations imposed by the \layor and Board and the rights and interests of any holder of bonds or obligations issued by the City of Dalton relating to or affecting property owned, operated, or leased by the City for airport and related aeronautical actiYities, the ...\uthoritY shall haYe and exercise the following powers:
I) To ha,e a seal and alter the same at its pleasure.
2) To appoint, select and employ officers, agents and employees including engineering, architectural and construction experts, and fiscal agents and fix their respectiYe compensation subject to its budgetary limitations.
3) To oYersee the daY-to-day operations and general management of the airport and landing field; howeYer, such power shall not include the power to make or terminate contracts or leases with respect to land "hich powers are expressly resened to the '.vlayor and Board of ...\ldermen.
-l) To promulgate rules and regulations for air and ground operations on the airport and landing field all in conformity with applicable prmisions of federal, State and local la,\"s, statutes, ordinances, and regulations.
c) Repeal Section XII captioned "Collateral Transferred" of the AuthoritY Ordinance.
SECTIO:\' III
EFFECT!\'E DATE
The CitY of Dalton Airport ...\uthoritY Powers ...\mendment shall become effectiYe after its passage by the :Vlayor and Board of Aldermen at the earliest possible date permitted by the \fonicipal Home Rule ...\ct of I965, as amended. and the Charter of the CitY of Dalton.
SO ORD...\I:\'ED, this 23rd day of September, 1996.
CITY OF D...\LTO:\' by: James ...\. \liddleton \ ,L..\YOR
Attest: FaYe L. \lartin CITY CLERK
First Reading: 09-09-96

5154 LOCAL .-\..'\D SPECIAL .-\CTS .-\..'\D RESOLCTIO:\'S, \'OL. II
Second Reading: 09-23-96
The foregoing Ordinance receiYed was first read on 9-9-96 and receiYed a second reading on 9-23-96. Cpon motion of .-\lderman Winkler and second by Alderman Grant and the question being called the Yote on the
question of passage of the Ordinance is 1! aYes, .Q nays and the Ordinance
DOES pass. Alderman '.\ilcDonald Abstained.
James A. '.\liddleton '.\-1.-\YOR
Attest: FaYe L. '.\ilartin CITY CLERK
CERTIFICATE OF PCBLIC.-\TIO!\
I certify that the foregoing Ordinance has been published in two public places within the City of Dalton for fhe (5) consecutiYe days following its enactment and the last day of publication fell on 09-28-96.
FaYe L. '.\fartin CITY CLERK CITI' OF D.-\LTO:\'
GEORGI.-\, \i\1-IITFIELD COC:\'TY
CERTIFIC.-\TIOJ\:
I, BettY T. CoffeY, Clerk or Deputy Clerk of the '.\ilayor and Board of Aldermen of the City of Dalton, a municipal corporation of the State of Georgia, do hereby certify, as custodian of the minutes of that goYerning authority that the within and foregoing matter constitutes a true and correct copy of an ordinance of the City of Dalton, enacted and adopted at the regularly scheduled meetings of the '.\layor and council of the city of Dalton on September 9, 1996 and finally on September 23, 1996, which are two regular consecutiYe meetings of the '.\layor and Board of Aldermen of the City of Dalton, and that the original Ordinance as spread upon the permanent minutes and records of the mayor and Board of Aldermen of the City of Dalton is required to be retained in this office.
This ith day of Januan, 1999.
Bem T. Coffey CITY CLERK oR DEPCTY CLERK
[CITY SEAL]
GEORGL-\, \i\1-IITFIELD COC:\'TY
.-\FFIDA\1T
I, Ruth Bnant, .-\dYertising Director of the Daily-Citizen :\'ews, a newspaper of general circulation published in the City of Dalton, Georgia do

GEORGL\ L-\\\'S 1999 SESSIO:'\
solemnly swear the attached legal adYertisement for The CitY of Dalton .-\irport .-\uthoritY Powers .-\mendment has run~ times in the legal section of our newspaper on these dates: 9/ 6/ 96, 9/ 13/ 96, 9/20/ 96
Ruth Bnant .-\D\'ERTISl:'\G DIRECTOR
Sworn to and subscribed before me
this 6th day of IanuarY, 1999.
Elizabeth .-\. Rader :'\OT.-\RY '.\ly commission expires: .-\ug 2nd 1999
[SEAL]
LEGAL AFFIDAVIT
Dear Sir or '.\,ladam:
I, Peter L. '.\,fio, .-\dYertising Director of the Daily Citizen-:'\ews newspaper published in the city of Dalton, GA do solemnly swear the legal achertisement for amend the Charter of the CitY of Dalton; The CitY of Dalton Airport .-\uthoritY has nm ~ times in the legal section of our newspaper.
Run dates are as follows: 9/ 6/ 96, 9/ 13/ 96 and 9/ 20 / 96
Peter L. \ ,(io .-\d,ertising Director
Sworn to be this day of September 20, 1996
Elizabeth .-\. Rader :'\otan- Public '.\,ly Commission Expires .-\ug 2nd 1999
PUBLIC NOTICE
Please take notice that an Ordinance will be introduced before the '.\,la.,or and Board of Alderman to amend the Charter of the CitY. of Dalton apprmed by an .-\ct of February 2-1, 1874 (Ga. L. 1874, p.181 et.seq.) and the seYeral Acts amendatory thereof and more particularly an Ordinance by Home Rule of the City of Dalton ofJan. 18, 1987 known as the "City of Dalton .-\irport Authority Ordinance, for the general purpose of cutting back and restricting the purposes, powers, duties and prerogatiYes of the City of Dalton .-\irport .-\uthority to oYersight of the day-to-day operation and general management of Dalton \hmicipal .-\irport (jolly Field) and and eliminating broader powers pro,ided in the .. City of Dalton .-\irport AuthoritY Ordinance...
\\11at follows is a synopsis of the proposed Ordinance to be read and considered:

5156 LOCAL A:\'D SPECI.--\L ACTS A.". D RESOLL'TIO:\'S, \'OL. II
The CitY of Dalton Airport .-\uthority ("'the .-\uthoritY") as presently established. constituted. and maintained shall haYe oYersight responsibility for the day-to-daY operation and general management of the City's Airport and landing field . It shall no longer haYe physical or legal control of the Dalton \lunicipal Airport (Jolly Field) which shall remain subject to direct jurisdiction of the \layor and Board of Alderman. The powers of the AuthoritY include and are limited to maintaining a seal; employing officers, agents, emploYees. and consultants subject to budgetary allowances of the \layor and Board of .-\Jderman; oYersight of the daY-to-daY operation and general management of the airport and landing field without the power to lease land or terminate leases of land; and to promulgate rules and regulations for air and ground operations on the airport and landing field in conformity with federal, State and local lmr. The .-\uthoritY \\ill no longer be empmrered to acquire in any manner. construct. equip or improYe ne\\ or existing propertY for airport facilities or aeronautical actiYities; to lease real or personal property; to exercise the power of eminent domain; to sell, lease, grant, exchange or otherwise dispose of surplus propertY; to contract as to real or personal property for construction. lease, or use ,rhether "ith priYate persons or federal. State or other local goYernments and agencies; to accept loans or grants from any person or goYernment; or to prescribe, fix, or collect fees. rates, tolls. or charges for sen-ices and facilities.
There will be a first reading of the proposed Ordinance to be captioned "the CitY of Dalton .-\irport .-\uthoritY Pm,ers Amendment" on \londaY, Sept. 9, 1996 before the regular meeting of the \layor and Board of Alderman at 7 p.m .. and a second and final reading before the \laYor and Board of .-\ldermen on \londaY, Dept. 2'.), 199fi at 7 p .m. at which time it is expected that the question will be called for passage of the Ordinance. These regular meetings of the \layor and Board of .-\ldermen ,\'ill be held at CitY Hall, 11-1 Pentz St.. Dalton. Georgia.
.-\ complete copY of the proposed Ordinance may be ,iewed in the Office of the CitY Clerk of the CitY of Dalton. 11-1 Pentz St.. Dalton, Georgia or at the Office of the Clerk of the Superior Court of\\11itfield CountY. Georgia. \\11itfield CountY Courthouse. Dalton. Georgia.
s/.James .-\. \liddleton \lan)I'
9/ 7, 9/ 1;), 9/ 20
Filed in the Office of the Secretary of State January 1-1. 1999.
CITY OF DA\\'SO'.\,1LLE - COL':\'CIL \IEETl:\'GS.
FIRST RE.-\DI:\'G 12-198
Pl'BLIC.-\TIO:\' DATES 12-10-98 12-17-98 12-2+98

GEORGL\ L\WS 1999 SESSIO:'\

5157

SECO:'\D RE.-\Dl:'\G 1-5-99
ORDIX-\.,CE :'\O.: _ _ _ _ __
AN ORDINANCE TO MODIFY DATE & TIME OF REGULARLY SCHEDULED CITY COUNCIL MEETING AS PROVIDED UNDER THE CITY CHARTER FOR DAWSONVILLE, GEORGIA; TO PROVIDE
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES
WHEREAS, during April. 1996, an act was passed in the Georgia Legislature proYiding a new Charter for the City of Oa,r~on\"ille and for other purposes; and
WHEREAS, the City Charter established that all regular Council meetings would be held on the first Tuesday of each month at 7:00 p.m.; and
WHEREAS. due to Yarious conflicts, \!embers of City Council are desirous of amending their municipal Charter pursuant to the Home Rule Powers contained in OCG.-\ ~36-35-3 in an effort to change the date and time of their regularly scheduled monthly meeting; and
WHEREAS, City Council has complied with the requirements of OCG.-\ 36-35-3(b)(l); and consequently
THE COUNCIL OF THE CITY OF DAWSONVILLE, GEORGIA HEREBY ORDAINS AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS:
(a) The regularly scheduled meetings of Dawsomille City Council as contained in the City Charter shall be changed from 7:00 p.m. on the first Tuesday of each month to 6:00 p.m. on the third \londay of each month.
(b) All other proYisions as contained in the City Charter for the City of Dawsomille, Georgia which are not modified by this ordinance shall remain in full force and effect.
(c) .-\ copy of this Charter .-\mendment along with all other required documents, shall be prmided to the Secretary of State in accordance with O.C.G..-\. '36-35-5.
(d) This ordinance shall become effectiYe February I. 1999.
SO .-\DOPTED by the City Council of Da\\sonYille, Georgia this~ day of Januan, 1999.
CITY OF D.-\\\'SO:'\\lLLE BY: G.L. Gilleland
\layor, City of DawsonYille \lichael Sosebee Council \lember Gordon WeaYer Council \lember

5158 LOCAL A:'\D SPECIAL ACTS A'\'D RESOLL'TIO:\S, \'OL. II
Carol Hudgins Council \-{ember \1. Da,id Cox Council :\!ember
Brenda Abercrombie Attested to b, Cit, Clerk
PCBLISHER'S AFFIDA\1T
STATE OF GEORGI.--\ COCXTY OF DAWSQ:\
Personally appeared before the undersigned, a notary public within and for the abo,e county and state. Chyrl Waldrip, \\ho is the editor/ publisher of the Da,\'son County Ad,ertiser & :\ews, the organ for the publication of official or legal ad,ertisements in Dawson County, Georgia, that newspaper being published at Da,,somille, County of Dawson, State of Georgia, who being duly sworn, states on oath that the Public :\otice - :\'leeting '.'\m. 3. 1998 a true cop, of '"hich is attached hereto. ,ms published in that newspaper in its issue of 12-10, 12-17, 12-24.
Chyrl Waldrip, Publisher/ Editor
S\\orn to and subscribed before me this 12 da, of Januar,, 1999.
:\-larlene D. Pitts :\otan Public :\-ly Commission Expires: 10-1-1--2002 (SEAL)
PUBLIC NOTICE
:\-LWOR .-.\XD COL':\CIL OF CITY OF D.--\WSO:\"\1LLE. GEORGI.--\
The :\fayor and Council of the City of Da\\son,ille, Georgia, retracted the motion made at the council meeting held on :\member 3, 1998 concerning the first reading of the proposed amendment to the Dawson,ille City Charter. The proposed amendment ,rnuld ha,e changed the regularh scheduled meeting of the :\larnr and City Council from the first Tuesday of each month at 7:00 p.m. to the second :\londay of each month at 6:00 p.m. This adn:'rtisement ran in three editions of the Dawson County .--\d,ertiser & :\ews, but council did not hold the second reading. The retraction was due to a conflict ,,ith the Dawson Count, Commissioners :\'leeting \\'hich is held on the second :\londa, of each month.
The :\fa~or and Council of the Cit~ of Dawsomille. Georgia held the first reading of the ne\\ly proposed amendment to the Da\\son,ille Cit, Charter at the December 1. 1998 regularly scheduled meeting of the :\larnr and City Council. The ne"l, proposed amendment would change the regularly scheduled meeting from the first Tuesday of each month at 7:00 p.m. to the

GEORGIA L-\WS 1999 SESSIO:--.:

5159

third Monday of each month at 6:00 p .m. The Mayor and Council will hold the second reading of the newly proposed amendment to the Dawsmn-ille City Charter at the regularly scheduled meeting on Tuesday, January 5, 1999 at 7:00 p.m.
This 7th day of December, 1998.
~1ayor and Council of Dawsmn-ille, Georgia
Filed in the Office of the Secretary of State January 21, 1999.

CITY OF KE:\':\'ESAW - CHARTER; RE'.\TMBERI:--.:G; CORPORATE LIMITS.

CITY OF KENNESAW

CHARTER AMENDMENT ORDINANCE 1998-06

BE IT ORD.--\1!\ED by the Mayor and Council of Kennesa\\, Georgia, as follows :

That the Charter of the City of Kennesaw is hereby amended by deleting Section l.02(a) through l.02U) entitled "Corporate boundaries" and by reformatting and by renumbering the remaining Charter as currently adopted. The intent of this Charter amendment is to delete Section 1.02 which sets forth the corporate boundaries in legal description format of the CitY and to reformat and renumber the Charter in a more understandable, readable, easy-to-use format and numbering system which is consistent with the comprehensiYe adoption and recodification of the entire Ordinances of the City of Kennesaw. A copy of this Ordinance and the proposed Charter Amendment is on file in the office of the Clerk of the City of Kennesaw and in the office of the Superior Court of Cobb County for inspection by the public. A notice containing a synopsis of the proposed Charter Amendment is to be published in the Marietta Daily Journal once a week for three " eeks within a period of sixty days immediately preceding the final adoption of such Charter Amendment. Such Charter Amendment as hereinafter set forth and attached hereto is hereby adopted by the City of Kennesaw.

So approYed this 20th day of Juh-, 1998.

ATTEST: Diane Coker, City Clerk

CITY OF KE:\'~ES.--\W BY: John R. Haynie, \'layor

THE CHARTER

Editorial :--.:ote.:. The City Charter is deriYed from Ga. L. 1971, p. 3620, amended. Historical notes in parentheses at the end of sections indicate

5160 LOCAL .-\:--:D SPECI.-\L .-\CTS ..\.'\D RESOLCTIO:--:S, \'OL. II

the sol!rces of any amendatory acts. :--:umbering. incll!ding subsection designations, is that of the original act. \\'herewr possible, references from the Code of Georgia of 1933 ha,e been updated to refer to the 1983 Official Code of Georgia Annotated..--\.ny information appearing in brackets has been supplied by the codifier for clarification and is not part of the original act. SeYerability and repealer clauses haYe been omitted from this printing.

ARTICLE I ARTICLE II ARTICLE III ARTICLE I\' ARTICLE\' ARTICLE \1

Charter. City Limits I and Corporate Powers CitY Gmernment Organization and Personnel Fiscal .--\dministration Elections Recorder's Court

ARTICLE I

~ 1.01 ~ 1.02 ~ 1.03 ~ 1.0-1-

Charter, City Limits 1 and Corporate Powers
Reincorporation. Corporate bol!ndaries.1 Corporate powers. Continuation of existing ordinances.

Sec. 1.01 Reincorporation.

This act shall constitllte the whole charter of the Cit\ of Kennesaw, Georgia, repealing and replacing the charter as proYided by an .-\ct to amend, consolidate and supersede the seYeral acts incorporating the City of Kennesaw, in the Col!nt\ of Cobb, apprmed February 16, 1950, (Ga. L. 1950, p. 2:">06). as amended. particularly bY an act apprmed December 18. 1953 (Ga. L. 1953, :'\oY. Dec. Sess., p. 2826). an act approYed February 20, 1958, (Ga. L. 1958, p. 222-1-). an act approYed \larch 10. 1959 (Ga. L. 1959, p. 2717). an act appnwed \larch 3, 196-1- (Ga. L. 196-1-, p. 235-1-). an act appnwed February 18. 1966 (Ga. L. 1966. p. 20-1-9). and an act apprm-ed \larch 21. 1970 (Ga. L. 1970. p. 30-1-2). except as to pro\"isions as to the boundaries of Kennesaw and the annexation thereto. The City of Kennesaw, Georgia. in the Count\' of Cobb. and the inhabitants thereof. shall continue to be a body politic and corporate under the name and style of the "Cit\' of Kennesaw, Georgia... and by that name shall han perpetllal sl!ccession, ma\" contract and be contracted with. mm sl!e and be sued. plead and be i111ploded, in all the courts of law and eqlli.ty. and in all actions whatsoeYer, and may haYe and l!Se a common seal and change it at pleasl!re.

Sec. 1.03 Corporate powers.

1Tht' corporatt' hou11darit's of tht' Cit, of Ke1111esa\\' art' 011 lilt' i11 tht' Clerk's office at the Cit, of Ke1111esa\\.

GEORGL\ L-\.V,'S 1999 SESSIO:\'

5161

The corporate pm\"ers of the city, to be exercised lw the manff and council. including the follo"ing:
(a) To leYy and to proYide for the assessment, Yaluation. reYaluation. and collection of taxes on all propertY subject to taxation for state and county purposes and to contract with any city. county. or other goyernmental and political subdiYisions for the ministerial acts of billing and collection of city ad Yalorem taxes, or other fees, assessments. or taxes, as
the maY. or and council maY. bY. resolution authorize.
(b) To !en- and to proYide for the collection of license fees and taxes on priYileges, occupations. trades and professions.
(c) To appropriate and bo1To\\ money. to proYicle for pannent of the debts of the city, and to authorize the expenditure of money for any municipal purpose. or for matters of national or state interest. and to issue bonds for the purpose of raising reYenue to earn out a11Y project, program or ,enture authorized under this charter or the general la\\s of the state. Such bonding authoritY shall be exercised in accordance "ith the la\\s gmerning bond issues by municipalities in effect at the time said issue is undertaken. \,\l1eneYer the citY shall desire to create a bonded debt for the purpose of carrying into effect any of the powers and proYisions of this charter, it shall haYe the right and authority to do so when authorized by a majority of the qualified Yoters of the cit\' Yoting in an election.
(d) To acquire. dispose of. and hold in trust or otherwise any real. personal or mixed property, inside or outside the city.
(e) To condemn property, inside or outside of the corporate boundaries of the city, for present or future use. and for am corporate purpose deemed necessary by the maYor and council. under section 36-202 of the Code of Georgia 1933. or under other applicable public acts. [Section 36-202 of the 1933 code has not been carried forward in the Official Code of Georgia Annotated. Eminent domain pm\"ers are found in O.C.G..-\... title 22, chapters 1 and 2.]
(f) To acquire. construct, operate. distribute, sell and dispose of public utilities. including but not limited to a \\"atenrnrks system. se,\"erage system. a natural gas system, an electrical power sYstem. and a commtmity antenna teleYision system. both inside and outside the corporate limits. subject to the proYisions of applicable general Im\". For "ater. gas and electricitY furnished, and for all sewerage and sanitary sen-ice rendered. said citY ma\' prescribe the charges. rates. fares, fees. regulations and standards and conditions of sen-ice to be proYided. and shall haYe a lien against an\' propertY of the person serYed; said lien to be enforceable in the sam!:' manner and "ith the same remedies as a lien for citY property taxes.
(g) To grant franchises or make contracts for public utilities and public sen-ices but not limited to those stated abme. not to exceed periods of 20 years. The mayor and council may prescribe the rates. fares. regulations.

5162 LOC.-\L .-\);'D SPECIAL .-\CTS .-\..'\D RESOLL"TIO);'S, \'OL. II
and standards and conditions of senice applicable to the sen-ice to be pnwided by the franchise grantee or contractor, insofar as not in conflict with laws of the State of Geoq~ia.
(h) To proYide for the acquisition, construction. building, operation and maintenance of public ways. parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable. educational, recreational, conserYation, sport, curatiYe, correctional, detentional, penal. and medical institutions, agencies and facilities; and any other public impro,ements, inside or outside the corporate boundaries of the city; and to regulate the use thereof. and for such purposes property may be acquired b, condemnation under section 36-202 of the Code of Georgia 1933. or other applicable public acts. [Section 36-202 of the 1933 code has not been carried forward in the Official Code of Georgia Annotated. Eminent domain powers are found in O.G.C..-\., title 22. chapters 1 and 2].
(i) To prescribe standards of health and sanitation and to proYide for the enforcement of such standard~.
(j) To proYide for the collection and disposal of garbage, rubbish and refuse and to proYide pm,er and authority to take all necessary and proper means for keeping the citY limits free from garbage. trash and filth. Charges of fees may be imposed to coyer the cost of such sen-ices, which if unpaid, shall constitute a debt which shall be subject to a lien against any property of persons serYed, which lien shall be enforceable in the same manner, and under the same remedies, as a lien for city property taxes.
(k) To define, regulate and prohibit any act, practice. conduct or use of property \\hich is detrimental. or likely to be detrimental to the health. morals, safetY, securitY, peace, conYenience, or general welfare of inhabitants of the cit\.
(I) To define a nuisance in the city and to proYide for its abatement. The recorder of the city shall haYe jurisdiction of all nuisance abatement proceedings in the city. The city may proYide by ordinance for any building, structure, or condition maintained in \'iolation of anY Yalicl law of this state or any ,alid ordinance of the citY. to be a(ljudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same ,\'ithin l O days after \\Titten notice from the city to do so and after an upportunity to be heard on same.
(m) To establish minimum standards for. and to regulate building construction and repair, electrical wiring and equipment. gas installation and equipment, plumbing, and housing for t:1e health. sanitation, cleanliness, \\elfare, and safety of inhabitants of the city and to proYide for the enforcement of such standards.
(n) To pnwide that persons gi,en jail sentences in the recorder\ court shall work out such sentences in am public works or on the public streets

GEORGI.-\ L-\\\'S 1999 SESSIO:\'

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of the city as pnwided by ordinance: or the mayor and council may proYide for the commitment of city prisoners to any cmmry work camp. or other gmernmental agency or jail, by agreement with the appropriate county or goYernmental officers.
(o) To regulate. license. or tax. or prohibit, the keeping or running at large of animals and fowl and to proYide for the impoundment of same. in Yiolation of an ordinance or lawful orders. also to prmide for their disposition by sale, gift. or humane destruction. when not redeemed as pnwided by ordinance to proYide punishment for Yiolation of ordinances enacted hereunder.
(p) To regulate and license Yehicles operated for hire in the city: to limit the number of such Yehicles: to require the operators thereof to be licensed: to require public liability insurance on such Yehicles in amounts prescribed by ordinance: and to regulate and rent parking spaC(.s in public ways for the use of such Yehicles. or am other reasonable regulations as may be prescribed by ordinance.
(q) To le,: and prmide for the collection of special assessments to coYer the cost for any public impnwements.
(r) To pro,ide that upon the comiction of the Yiolation of any ordinance, rule. regulation or order, the offender may be punished within limitations prescribed by the mayor and council in such ordinance. rule, regulation, or order but not exceeding the limitation prescribed by this charter or state law.
(s) To exercise and enjoy all powers. functions, rights, priYileges and immunities necessary or desirable to promote or protect the safety, health, peace. security, good order. comfort, comenience, morals, and general welfare of the ci~ and its inhabitants: and to exercise all implied pmrers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers \\ere fully enumerated herein: and to exercise all powers now or in the future authorized to be exercised by other municipal gmernments under the Constitution or general laws of the State of Georgia. :\'o enumeration of particular powers in this act shall be held to be exclusiYe of others: nor restrictiYe of general ,rnrds and phrases granting powers: but shall be held to be in addition to such powers unless expressly prohibited to cities under the Constitution or applicable public acts of the state.
(t) To le,: taxes and to make appropriations for the purpose of ad,ertising said ci~ and its ach-antages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the ci~. and also to le,: taxes and to make payment from the general reYenues and funds of the ci~ for the support of public hospitals and libraries.
(u) To regulate and control public streets. public alleys and ways: and in the discretion of the mayor and council by ordinance to alter, open or close public streets and public alleys and ways.

516..J. LOCAL .-\.'\D SPECIAL ACTS .-\.'\D RESOLL'TIO'.';S, \'OL. II

(Y) To contract \\'ith any state department or agency or any other political subdiYision for joint sen-ices or the exchange of sen-ices; and to contract "ith such agencies or subdiYisions for the joint use of facilities or equipment; and to contract with any such agency or subdiYision to perform any sen-ice or execute any project in which the municipali ty has an interest.

(w) To authorize the proYiding for surety bonds for emploYees, said bonds to be payable to the city, with premiums payable by the city, when necessan or proper.

Sec. 1.04 Continuation of existing ordinances.

All ordinances, bylaws, rules and regulations, now in force in said city, not inconsistent with this act, are hereby declared Yalid and of force until amended or repealed by the mayor and council of said city.

ARTICLE II

Cit\' GoYernment

2.01

Establishment of city gmernment.

2.02

Qualification for maYor and councilmen.

2.03

Election of maYor a11d councilmen.

2.0..J.

Terms of office.

2.05

Cit\' council.

2.06

'.'vlayor as presiding officer; additional pm\'ers.

2.07

'.'vlayor pro tem.

2.08

\'acann in office of maYor or councilman.

2.09

Compensation and exp~nses.

2.10

Cit\' clerk.

2.11

City legislation.

2.12

Public reading of ordinances.

Sec. 2.01 Establishment of cit\' gmernment.

The corporate goyernmental pm\'ers of the City of Kennesaw shall be Yested in a mayor and foe (5) councilmen to be known as the " '.'vtayor and Council of the Cit\.' of KennesaK .. The maY. or and council shall be elected at large bY the qualified rnters of the city and shall exercise their powers in such manner as prescribed by this charter, the Constitution, and applicable general la\\s of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Kennesaw.

Sec. 2.02 Qualification for mayor and councilmen.

To be eligible for the office of mayor or councilman, elected or appointed, a person must be at least 21 years of age, and must meet the requirements of a qualified \'Oter of said city as described by state law, and must be a bona fide resident of the City of Kennesaw. :--Jo personal shall be qualified to hold the office of mayor or councilman who shall haYe been com'icted of a felony unless such person has receiYed a full pardon and has all rights of citizenship restored. (Ga. L. 1971, p . 3620, as amended by Ga. L. 1977, p. 3221)

GEORGI.-\ L-\\\'S 1999 SESSIO:\'

Sec. 2.03 Election of :\hn-or and Councilmen.

The :\layor and members of the City Council sening on the effecti,e date of this .-\ct shall continue to sene until the expiration of their terms of office and until their successors are duly elected and qualified as proYided by law.

On the first Saturday in October 1990, an election shall be held for those three councilmen who at said date are serYing as 'Councilman, Post :\'o, 3: councilman, Post :\'o. -1. and councilman, Post :\'o. 5. Such positions shall continue to be designated as councilman, Post :\'o. 3,' councilman, Post :\'o. -1, and councilman, Post :\'o. 5. The candidate for each post recehing a pluralitY Yote shall be declared elected as councilman for that post for which he qualified and shall serYe for a term of office " hich shall expire on December 31. 1993.

On Tuesday next following the first :\londay in :\'oYember, 1991, and on said date quadrennially thereafter, an election shall be held for those two councilmen who at said are serYing as councilman, Post :\'o. 1 and 'Councilman, Post :\'o. 2 and for :\layor. Such positions shall continue to be designated as ':\layor, City of Kennesaw. councilman, Post :\'o. 1, and 'Councilman, Post :\'o. 2. The candidate receiYing a plurality of the Yotes cast for :\layor shall be declared elected, and the candidate for each post recei,ing a plurality of the Yotes cast shall be declared elected as councilman for that post which he qualified.

On the Tuesday next following the first :\londay in :\'oYember, 1993, and on said date quadrennially thereafter, an election shall be held for those councilmen who at said date are sening as 'Councilman, Post :\'o. 3, councilman, Post :\'o. -1, and councilman, Post :\'o. 5. Such positions shall continue to be designated as councilman, Post :\'o. 3,' 'Councilman, Post :\'o. -1, and 'Councilman, Post :\'o. 5. The candidate for each post receh"ing a plurality rnte for that post shall be declared elected as councilman for that post which he qualified..-\.ny person possessed with the qualifications as required by law may qualifr for any council post of for :\larnr.

Sec. 2.0-1 Terms of Office.

The terms of office for :\layor and Councilmen shall begin on the first day of January following their respectiYe elections and shall continue for four years, except as proYi<led in Section 2.03 of this .-\ct, and until their successors are elected and qualified...

Section 1: The ordinances of the CitY of Kennesaw, Section 2-2-3 are

hereby amended as follows:



Section 2-2-3 :\'otice of candidan; qualifications.

(a) .-\1w candidate for elections to the officers of :\la,or or Council member in am elections shall file with the CitY Clerk in writing his qualification:

5166 LOCAL .-\.."iD SPECIAL .-\CTS .-\..'\D RESOLL'TIOl'\S, \'OL. II
(1) In the case of a general elections held in an odd numbered vear, no earlier than 8:30 a.m. on the second :Vlondav in September immediatelY proceeding the general elections and no later than 4:30 p.m. on the following Wednesday:
(2) In the case of a general election held in an eYen-numbered vear, no earlier than 8:30 a.m. on the last :VlondaY in .-\ugust immediately preceding the general election and no later than 4:30 p.m. on the following Wednesday; and
(3) In the case if a special election, no later than 25 days prior to the election no more than 28 da,s prior to the elections.
(b) The hours of gualifring each daY during the aboYe three (3) day gualifring periods shall be the normal business hours of the CitY Clerk.
(c) The residenn requirement for a candidate for the office of :'vlaYor or Council member shall be 24 months residency within the CitY.
Section 2: This ordinance shall take effect August 7, 1995.
Sec. 2.05 CitY Council.
The goyerning body of said City shall be composed of a :Vlayor and fiye (5) Councilmen, in which is ,ested all corporate, legislatiYe and other powers of the City, except as otherwise proYided in this act. The mayor and Council shall hold regular public meetings at a stated time and place as proYided by ordinance. The :Vlayor and Council shall meet in special session on call of either the :Vlayor, or the :Vlayor Pro-Tem and two (2) Councilmen, and notice of either the mayor, or the :Vlayor Pro-Tem and two (2) Councilmen, and notice of which has been sen-ed on the other members personally or left at their residence at least 12 hours in adYance of the meeting. .-\.lternatiYely, or in addition thereto, notice of a special session may be giYen by telephoning the other members. If this method is used, the first order of business in the special session shall be to enter upon the minutes of the meeting an oath, or an affidaYit by the Ylayor, or the \fayor Pro-Tem and two (2) Councilmen calling the special session, attested to bY the Citv Clerk or bY another members of the Council, or anv person auth~rized t~ administeroaths. Said oath or affidavit must contai1~ a statement that each councilman was either notified personally by telephone by the person making the oath or affidaYit, or was not capable of being so notified by reason of lack of knowledge of his whereabouts, or his absence from the state..-\ny person who is found guilty of false s,rearing as defined by Section 16-10-71 of the Official Code of Georgia Annotated, as it now exists or may hereafter be amended, in the aboYe proceeding shall be punished as proYided by law. Any action taken in a special session which was called by a person later found guilty of false-swearing regarding the telephone notice of any member shall be void, unless ratified unanimously at a regular council meeting held after said person is found guilty. .-\ ratification of action taken in such a special session by the Mayor and

GEORGI.-\. L\\-\'S 1999 SESSIO!\:

5167

Council prior to a conYiction for false-swearing shall not be effectiYe. Any liability to the city arising from action taken by the '.\Iayor and Council pursuant to a special session in which telephone notice is giYen, and in which the person calling the meeting is found guilty of false-swearing shall result in se\'ere liability for the person so conYicted. But such notice of a special meeting shall not be required and shall be considered wai\ed if the mayor and all council are present when the special meeting is called or conYened. Only the business stated in the written call or stated as being the purpose in the oath or affidaYit required in special sessions co1n-ened under the telephone notice proYision of this charter may be transacted at a special meeting, except by unanimous consent of all members of the council. The mayor and council shall exercise its powers in public meetings. Four (4) councilmen shall constitute a quorum. The council may, by ordinance adopt rules and bylaws to goYern the conduct of its business; including procedures and penalties for compelling the attendance of absent members. The mayor and council may prmide by ordinance for punishment for contemptuous beh,nior conducted in their presence.

Sec. 2.06 \farnr as presiding officer; additional powers.

The mayor shall preside at meetings of the council; shall haYe a Yote only in the case of a tie \'Ote by councilmen; shall haYe Yeto power, and the mayor shall haYe four (4) days after meeting with the council in which to file with the clerk, in \\Titing, this dissent, but the council may, at the same meeting or any subsequent meeting within 18 days, pass any such ordinance, order or resolution, notwithstanding the Yeto, by a \'Ote of four-fifths (4/ 5) of the total number of councilmen, to be taken by ayes and nays, and entered upon the minmes; shall be the chief executiYe officer of the city; shall ha\'e the authority to appoint council members to head the \'arious departments of the city, proYided, howeYer, that each councilman shall be appointed chairman of one of the following committees; general and administrati,e, police, public utilities, parks and recreation, and planning commission; shall sign ordinances and resolutions on their final passage; ma\.' obtain short-term loans in the name of the cit\, ' when authorized bY. the council to do so; shall sign deeds, bonds, and contracts when authorized by the council to do so; and shall perform such other duties imposed by this charter and duly adopted ordinances. (Ga. L. 1971, p. 3620, as amended by Ga. L. 1977, p. 3221)

The ordinance of the Cit\ of Kennesa\\, Sec. 2.06 are herebY amended as

follows:





Sec. 2.06 \farnr as presiding officer; additional powers.

The mayor shall preside at meetings of the council; shall ha\'e a \'Ote only in the case of a tie \'Ote by councilmen; shall ha,e Yeto power, and the mayor shall ha\'e four (4) days after meeting with the council in which to file \\ith the clerk, in writing, this dissent, but the council may,

5168 LOCAL .-\.,D SPECIAL ACTS .-\.,D RESOLCTIO:\'S, \'OL. II
at the same meeting or any subsequent meeting within 18 days, pass any such ordinance, order or resolution, notwithstanding the Yeto, by a YOte of four-fifths (-1/ 5) of the total number of councilmen, to be taken bY ayes and nays, and entered upon the minutes; shall be the chie'f executiYe officer of the city; shall haYe the authoritY to appoint council members to adYise the ,arious departments of the cit\' through the direction of the citY manager, proYided, howeYer, that each councilmen shall be appointed chairman of one of the following committees; general and administratiYe, police, public utilities, parks and recreation, and planning commission; shall sign ordinances and resolutions on their final passage; may obtain short-term loans in the name of the city when authorized by the council to do so; shall sign deeds, bonds, and contracts " hen authorized by the council to do so; and shall perform such other duties imposed by this charter and duly adopted ordinances. (Ga. L. 1971. p. 3620, as amended b, Ga. L. 1977, p. 3221)
Sec. 2.07 \laYor pro tem.
The council at the first regular meeting, and after the newly elected councilmen haYe taken office following each regular election, shall elect from its membership a mayor pro tem for a term of one (1) year. Cpon the council's failure to elect a mayor pro tern by its first meeting in February of each year, the incumbent councilman who receiYed the highest number ohotes, when last elected, shall be declared mayor pro tern. The mayor pro tern shall perform the duties of the mayor during his absence from the city or his disabilitY.
Sec. 2.08 \ 'acann in office of maYor or councilman.
A Yacancy shall exist if the mayor or a councilman resigns, dies, moYes his residence from the city. or its absent from four (-1) consecutiYe regular meetings of the goYerning authority, except if granted a leaYe of absence is entered on the minutes; or if he is adjudged incompetent; or is conYicted of malfeasance in office; or of a felony.
In the eYent a ,acann occurs within the office of a member of the council from a11Y cause ~ther than the expiration of a term of office, the ,acanu shall be filled in the following manner:
If the Yacancy occurs within 12 months of the expiration of the term, the ,acancy shall be filled by the mayor and council electing a qualified person to serYe out the unexpired term of office. If the yacancy occurs within 30 days prior to the regular city election, the Yacancy shall be filled at such regular election under the same rules and regulations and proYisions of law pertaining to the election of councilmen.
If the Yacancy occurs at any other time not proYided by aboYe, the rncancy shall be filled by a special election pursuant to a call of a special election as proYided by this charter. At no time shall there be more than one (1) councilman so appointed holding office; and if a Yacancy occurs

GEORGI.-\ L\WS 1999 SESSIO:'\

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on the council with one (1) member so appointed on the council, a special election shall be held within a period of --15 days after the office becomes ,,1eant pursuant to a call of a special election as proYided by this charter, the ,acancy preYiously filled by appointment as well as the existing \'acancy shall be filled for the remainder of the unexpired terms in a special election: ProYided, howeYer, if a regular election for the city shall be held within three (3) months after the second YacanC\ occurs, the first YacanC\ preYiously filled by appointment and the second ,acancy shall be filled foi the unexpired terms at such regular election.
In the eYent a Yacancy shall occur in the office of mayor, a special election shall be called and held in the manner prescribed by the Georgia :Vlunicipal Election Code (Title 21, Ch. 3, O.C.G...\.) as it no\\ exists or may hereafter be amended, so long as the Yacancy occurs at least three (3) months prior to regular expiration date of the term. If the Yacancy occurs within three (3) months of the expiration date of the term, the mayor pro tern shall sen-e until the expiration date, and shall be authorized during said period, to exercise all of the powers of the mayor, hereinbefore or hereinafter proYided.
Sec. 2.09 Compensation and expenses.
The mayor and council maY determine the salary of the mayor and councilme;1 by ordinance, pro{ided that salary changes enacted s'i1all not become effectiYe until the first regular meeting after the next general election. Each councilman and the mayor, when authorized by the mayor and council and upon presentation of itemized Youchers, shall receiYe their actual and necessary expenses incurred in the performance of their duties of office.
Editorial :'\ote: '.\-lore stringent standards for increasing the compensation of gmerning body members are found in O.C.G...\., Sec. 36-35-4.
Sec. 2.10 Cit\' clerk.
The mayor and council shall appoint a city clerk who shall ser\'e at their pleasure and who shall be ex officio treasurer. He shall be responsible for keeping and presen-ing the city seal and all records of the council; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the Yote of each member on each question, each motion considered, and the text of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the council or mayor.
The mayor and council may require the clerk-treasurer, before entering upon discharge of his duties, to gi\e good and sufficient bond in the amount to be decided bY the maYor and council, but not less than $2,500, said bond payable to th~ City of Kennesaw, for the faithful performance of

5170 LOCAL ..\:'\D SPECIAL ACTS ..\..'\'D RESOLCTIO:'\S, \'OL. II

his duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a suretY company licensed to do business in the State of Georgia and approYed by the mayor and council, and the premium thereon shall be paid by the city. (Ga. L. 1971. p. 3620, as amended by Ga. L. 1977, p . 3221)
Sec. 2.11 Cit..- legislation.

.-\ny action of the council ha..-ing a regulatory or penal effect or required to be done b..- ordinance under this act, shall be done onl..- b..- ordinance. Each resolution and ordinance shall be in written fon11 before being introduced. The affirmati\'e \'Ote of a least three (3) members of the council shall be required to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutiYely. in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the city clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions, and motions shall be filed and preserYed by the city clerk.

Sec. 2.12 Public reading of ordinances.

:'\o ordinance shall be apprmed until it shall ha\'e been read at a regular public meeting of the \layor and City Council of Kennesaw, Georgia. (Ga. L. 1971. p. 3620, as amended by Ga. L. 1973, p. 3386)

Sec. 2.13 Cit..- manager.

The city manager shall serYe at the pleasure and direction of the Kennesaw mayor and council and shall assume the position and duties as the chief administratiYe officer of the citY, and such other duties as ma, be assigned by the mayor and council fro1~1 time to time, including but not limited to director of finance and administration, purchasing agent for all departments, coordinator of commissions and departments of the city and the general management of city business under the direction and guidance of the marnr and council. (KCof), 2-5-1; adopted 6/ 6/ 94)

ARTICLE III

Organization and Personnel

3.01

Organization.

3.02

..\dministrathe duties of maYor.

3.03

CitY. attorneY..

3.04

Oath of office.

3.05

Political actiYity prohibited.

3.06

City planning and renewal.

Sec. 3.01 Organization.

The city go\'ernment shall continue as presently organized, unless and until otherwise prmided by ordinance. The mayor and council, by such

GEORGI...\ L\\i\'S 1999 SESSIO'.':

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ordinance, may establish, abolish, merge or consolidate offices; positions of employment, departments and agencies of the city; may proYide that the same person shall fill a number of offices and positions of employment, and may transfer or change the functions and duties of offices, positions of employment, departments and agencies of the city.
Sec. 3.02 ...\dministrati\e duties of mayor.
The mayor shall be the executiYe head of the city gmernment, responsible for the efficient and orderh. administration of the city. 's affairs. He shall be responsible for the enforcement of laws, rules, and regulations, ordinances and franchises in the city. He may conduct inquiries and i1n-estigations into the conduct of the city's affairs and shall haYe such powers and duties as may be prmided by ordinance not inconsistent \\ith this charter.
The ordinances of the City of Kennesaw, Sec 3.02 are hereby amended as follows:
Sec. 3.02 ...\dministratiYe duties of the mayor.
The mayor shall be the executi,e head of the city gmernment. Together with the citY council, theY shall appoint a citY manager who ~ responsible for the efficient and orderly administration of the city's affairs. The '.\fayor shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the city. He may conduct inquiries and i1n-estigations into the conduct of the city's affairs and shall haYe such powers and duties as may be 1xmided by ordinance not inconsistent with this charter.
Sec. 3.03 CitY attorneY.
The mayor and council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the recorder's court; shall attend the meetings of the council as directed; shall adYise the council, mayor and other officers and employees of the city, concerning legal aspects of the city's affairs.
Sec. 3.04 Oath of office.
Before a person takes any office in the city goYernment, he shall take before an officer of the state, authorized to administer oaths, the following such oath or affirmation:
"I swear that I will faithfully and impartially uphold the Constitution of this State and of the Cnited States, and will demean myself as mayor (or councilman, as the case may be) during my continuance in office. I haYe not, in order to influence my election to this office, directly or indirectly promised my ,ote or support to any person or officer in the said

5172 LOCAL ...\..'\'D SPECIAL ACTS ...\..'\'D RESOLCTIO~S, \'OL. II

goyernm ent of the City of Kennesaw, nor for any other office. I will not knowingly permit my rnte in the election or appointment of any persons to a position in said go\'ernment to be influenced by fear, fayor or the hope of re,rnrcl, but in all things pertaining to my office I will be go\'erned by what in my judgment is for the public good and for the best interest of said city, so help me God.

Sec. 3.05 Political acti\'itY prohibited.

~o officer or employee of the city, other than the mayor and councilmen, shall continue in the employment of the city after becoming a candidate for nomination of election to am citY office.

3.06 CitY planning and renewal.

The council may create and establish a planning commission pursuant to the proYisions of general law as they now exist or as they may hereafter be amended.

ARTICLE I\'

Fiscal Administration

4.01

Fiscal \'ear.

4.02

.\fayor to submit annual budget.

4.03

Action by council on budget.

4.04

Additional appropriations.

4.05

Lapse of appropriations.

4.06

Capital impro\'ements budget.

4.07

Sale of city property.

4.08

Annual audit.

4.09

Publication of financial statement.

4.10

Property taxes.

4 . 11

Tax le\'\'.

4 . 12

Tax due date and tax bills.

4.13

Collection of delinquent taxes.

4.14

Transfer of executions.

4.15

Special assessments.

Sec. 4.01 Fiscal \'ear.
The fiscal year of the city go\'ernment shall begin on the first daY of January and shall end on the 31st day of December of each year, but a different fiscal Year ma\' be fixed b\' ordinance for the entire cit\' go\'ernment or for an~: utility. Said fiscal y~ar shall constitute the budgetyear and the year for fiscal accounting and reporting of eYery office, department, agency and actiYity of the city goYernment, unless otherwise prohibited by law.
AMENDME:--iT TO THE CHARTER OF THE CITY OF KE~NESAW

These amendments proYide for the change of the date for the adoption of an appropriate ordinance changing the fiscal vear of the City of

GEORGIA L\\\'S 1999 SESSIO.'.'\

5li3

Kennesaw and the date of action upon the \fayor's budget so as to proYide that it shall be adopted within two (2) months of the beginning of any new fiscal Year and said amendments shall read as follows:
Section 4.01
Section 4.01 is hereby amended by striking from line two of said section the words and numerals ''January and shall end on the 31st day of December" and substituting in lieu thereof the words and numerals "October and shall end on the 30th day of September" so that the first sentence of Section 4.01 shall read as follows:
The fiscal year of the City goYernment shall begin on the first day of October and end on the 30th day of September of each year, but a different fiscal Y. ear may. be fixed bY. ordinance for the entire cit\.' goYernment or for any utility. Said fiscal year shall constitute the budget year and the year for fiscal accounting and reporting of eYery office, department, agency and actiYity off the city goYernment, unless otherwise prohibited by law.
Sec. 4.02 MaYor to submit annual budget.
On or before a date fixed by the council, but no later than the first regularly scheduled meeting of a new fiscal year, the mayor shall submit to the council a proposed operating budget for the next fiscal year, showing separately for the general funds, each utility, and other funds, the following: (a) the reYenue and expenditure during the preceding fiscal year, (b) appropriations and estimated re,enue and recommended expenditures for the next fiscal year, (c) a comparatiYe statement of the assets, liabilities, reserYes and surplus at the end of the current fiscal year, and (d) such other information and data as ma\,' be considered necessary, bY. the mayor and council. (Ga. L. 19il, p. 3620, as amended by Ga. L. 19ii, p. 3221)
The ordinances of the City of Kennesaw, Sec 4.02 are hereby amended as follows:
Sec. 4.02 ~aYor to submit annual budget.
On or before a date fixed bY the council, but not later than October 31st, the citY manager shall st;bmit to the council, through the MaYor, a proposed operating budget for the new fiscal year, showing separately for the general funds, each utility, and other funds, the following: (a) the reYenue and expenditure during the preceding fiscal year, (b) appropriations and estimated reYenue and recommended expenditures for the next fiscal year, (c) a comparatiYe statement of the assets, liabilities, reserYes and surplus at the end of the current fiscal year, and (d) such other information and data as may be considered necessary by the mayor and council. (Ga. L. 19il , p . 3620, as amended by Ga. L. l 9ii, p. 3221)

5174 LOCAL A.\/D SPECIAL ACTS A.\/D RESOLCTIO'.\'S, \ 'OL. II

Sec. 4.03 Action bY council on budget.

BeforeJanuary 31st of the current fiscal year, the council shall adopt an appropriate ordinance based on the mayor's budget, with such modifications as the council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department, office, and agency unless otherwise directed by the council. The council shall not m~e any appropriations in excess of estimated reYenue, except to proYide for an actual emergency threatening the health, property, liYes, safet\' or general welfare of the inhabitants of the city; proYided the council unanimously agrees that there is such an emergency. If conditions preYent the adoption of an appropriation ordinance before January 31st of the current fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as proYided by ordinance specifically passed for such purpose. (Ga. L. 1971, p. 3620, as amended by Ga. L. 1973, p. 3385)

The ordinances of the Cit\' of Kennesaw, Sec. 4.03 are hereby amended

as follows:





Section 4.03.

Section 4.03 is hereby amended by striking from the first and the nrelfth lines thereof, the words and figures January 31st and substituting in lieu thereof the following words, "the end of the second month .. so that the first sentence of the first section shall read as follows:

Before the end of the second month of the current fiscal year, the council shall adopt an appropriate ordinance based on the mayor's budget, with such modifications as the council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department, office, and agency unless otherwise directed by the council. The council shall not make any appropriations in excess of estimated reYenue, except to prmide for an actual emergency threatening the health, property, or liYes, safety or general welfare of the inhabitants of the city; proYided the council unanimously agrees that there is such an emergency. If conditions preYent the adoption of an appropriation ordinance before the second month of the current fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as pro,ided by ordinance specifically passed for such purpose. (Ga. L. 1971, p. 3620, as amencled by Ga. L. 1973, p. 3385).

Sec. 4.04 Additional appropriations.

The council may take appropriations in addition to those contained in the current operating budgets, at any regular or special meeting called for such purpose, but any such additional appropriations may be made for any public purpose only from an existing appropriated surplus.

GEORGL\ L\\\'S 1999 SESSIO:\'

5175

Sec. 4.05 Lapse of appropriations.
.-\II encumbered balances of appropriations in the current operating budget at the end of the fiscal Year shall lapse into the unappropriated surplus or reser\'es of the fund or funds from which such appropriations were made.
Sec. 4.06 Capital improYements budget.
(a) On or before a date fixed by the council, but not later than the first regularly scheduled meeting of the ne\\ fiscal year, the mayor shall submit to the council a proposed capital improYements budget with his recommendation as to the means of financing such improYements. The council shall ha\'e power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work or improYement , unless the appropriations for such projects are included in the capital improYements budget, except to meet a public emergency threatening the liYes, health or propertY of inhabitants, when passed by four-fifths (-l/ 5) \'ote of the membership of the council. Such capital improYements budget may be reYised and extended each year with regard to the capital imprmements still pending on or in the process of construction or acquisition.
(b) Before January 31 of the current fiscal year, the council shall adopt an appropriate ordinance based on the proposed capital imprmements budget, with such modifications as the council considers necessary or desirable. '.',,'o appropriation proYided for in the capital improYements budget shall lapse until the purpose for which the appropriation was made shall ha\'e been accomplished or abandoned, proYided the mayor may submit amendments to the capital improYements budget at any time during the fiscal year...\ny such amendments to the capital improYements budget shall become effectiYe only upon adoption by a majority \'Ote of the council. (Ga. L. 1971, p. 3620, as amended by Ga. L. 1977, p. 3221)
The ordinances of the City of Kennesaw, Sec. 4.06 are hereby amended as follows:
Sec. 4.06 Capital imprmements budget.
(a) On or before a date fixed by the council, but not later than the first regularly scheduled meeting of the new fiscal year, the cit\' manager shall submit to the council, through the maYor, a proposed capital improYements budget with his recommendations as to the means of financing such improYements. The council shall haYe power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work or improYement, unless the appropriations for such projects are included in the capital improYements budget, except to meet a public emer-

5176 LOCAL .-\.,D SPECIAL ACTS .-\.,D RESOLL'TIO:\'S, \'OL. II
gency in the liYes, health or property of inhabitants, when passed by four-fifths (4/5) Yote of the membership of the council. Such capital improYements budget may be reYised and extended each year with regard to the capital improYements still pending on or in the process of construction or acquisition.
(b) Before :\'oyember 30 of the current fiscal Year, the council shall adopt an appropriate ordinance based on the proposed capital improYements budget, with such modifications as the council considers necessary or desirable. :\'o appropriation proYided for in the capital imprmements budget shall lapse until the purpose for which the appropriation was made shall ha,e been accomplished or abandoned, proYided, the mayor may submit amendments to the capital improYements budget at a1w time during the fiscal year. .-\.ny such amendments to the capital imprmements budget shall become effectiYe only upon adoption by a majority rnte of the council. (Ga. L. 1971, p. 3620, as amended by Ga. L. 1977, p. 3221)
Sec. 4.07 Sale of citY propertY.
The mayor and council may sell a1w city property which is obsolete. surplus or unusable, at public sale with no less than 15 days written notice to the public following the appropriate action declaring the propertY obsolete, surplus or unusable at a regular meeting of the mayor and council, for such consideration as receiYed; proYided. howeYer, the mayor and council shall not be obligated to sell such property unless the mayor and council consider the price to be equitable and just. (Ga. L. 1971, p. 3620, as amended by Ga. L. 1977, p. 3221)
Sec. 4.08 .-\.nnual audit.
The mayor and council shall employ a certified public accountant to make an annual audit of all financial books and records of the city. The accountant shall file his report with the mayor and council and shall prepare a stm1mary of the report which shall be furnished or made a,ailable to the maY. or and eYen.- councilman.
Sec. 4.09 Publication of financial statement.
.-\.s soon as practicable after the close of the fiscal year, but within six (6) months after the close thereof, the mayor and council shall cause to be published in a local newspaper, a state,;1ent of financial condition which shall contain a statement of reYenues and expenditures showing all municipal accounts as of the close of the preceding fiscal year. Such statement of financial condition shall be prepared so as to fairly represent the general financial condition of the city. as of the close of the preceding fiscal Year.
Sec. 4.10 Property taxes.
.-\.II property subject to the taxation for state or county purposes. assessed as of January 1, in each year, shall be returned for taxes each year on or

GEORGL-\ L-\WS 1999 SESSIO!\'

5177

before April 1. Failure to make a tax return between January 1 and April l. Failure to make a tax return between January 1 and April 1 will result in a penalty of not more than 10 percent of the taxes due on said property. The board of tax assessors, appointed by the Cobb County Board of Commissioners, shall eYaluate and assess all city property for tax purposes as proYided by Georgia law. Appeals inrn!Ying city property assessments may be taken as now or as may hereafter be proYided by general law. (Ga. L. 1971, p. 3620, as amended by Ga. L. 1977, p. 3221)
Sec. 4.11 Tax le\'\'.
The council shall make a tax le,y, expressed as a fixed millage rate per Sl00 but not in excess of an aggregate of 20 mills, of assessed rnluation.
Said cit\.' is hereby. authorized to le,T. taxes in excess of the limitations
prescribed by Georgia Code section 92-1101 to 92--1104 and such limitations shall not be applicable to the City of Kennesaw.
Editorial :\'ote: The proYisions originally appearing as Georgia Code section 92--1101 to 92--1104 haYe not been carried forward in the O.C.G.A.
Sec. 4.12 Tax due date and tax bills.
Taxes shall be due on :\'oyember 20 of each Year unless otherwise pro,ided by ordinance. The city, or its agent, shall send tax bills to taxpayers, showing the assessed \'aluations. amount of taxes due, tax due dates and information as to delinquency elates and penalties. Failure to send tax bills shall not, howeYer, i1n-alidate any tax. Property taxes shall become delinquent if not paid on or before :\'oyember 20 of each year, which may be changed by ordinance. Taxes paid after '.\;oyember 20 will be subject to nine percent (9%) interest from the due date until paid, and after December 20, a fi . fa. charge will be added. On and after the date when such taxes become delinquent, the tax records of the city shall ha,e the force and effect of a judgment of a court of record.
Said city shall haYe the right, power and authority to proYide by ordinance for the return of all real and personal property for taxation to proYide for the compelling of such return; and to proYide penalties for failure to do so; after due notice and hearing to be prescribed by the mayor and council, for the current or any prescribed by the laws of Georgia; to prescribe the time or times when said taxes shall be due and payable. (Ga. L. 1971, p. 3620, as amended by Ga. L. 1977, p. 3221)
Sec. 4.13 Collection of delinquent taxes.
The mayor and council may proYide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by the chief of police under the same procedure proYided by laws goYerning execution of such process from the superior court, or by the use of any other a,ailable legal processes and remedies. A lien shall exist against all property on which city property taxes are le\'ied, as of the assessment day ofJanuary 1

51i8 LOCAL .-\.'-:D SPECIAL .-\CTS .-\.'-:D RESOLLTIO'.\S, \'OL II
of each year. which shall be superior to all other liens except that it shall haYe equal dignity with those for federal. state or county taxes.
Sec. 4.14 Transfer of executions.
The Clerk of the Cit\' of Kennesaw shall be authorized to transfer and assign and fi. fa. or execution issued for street, sewer, or any other assessment in the same manner, upon the same terms, and to the same effect, and thereby Yest the purchaser or transferee. with the same rights as in cases of sales or transfers of tax fi,- fas. as now proYided by law; and in all sales of property hereafter made under execution in behalf of the city for the collection of street, sewer and other assessments, the o\\ner or owners. as the case may be, are authorized to redeem same within the same time and on compliance with the same terms and pannent of the same premium. interest and costs, as in cases of redemption of property where sold under state or county ad rnlorem tax fi. fa. as the same now exists, or as may from time to time be proYided by law.
Sec. 4.15 Special assessments.
The council may assess all or part of the cost of constructing. reconstructing, widening, or imprm-ing any public way. street, side,\'alk. curbing. gutters, sewers or other utility mains and appurtenances. against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates, and shall thereupon be subject. in addition to fi . fa. charges, to a penalty of 10 percent and shall thereafter be subject to interest at the rate of se,en percent (i%) per annum from due date until paid. A lien for such amounts plus fi. fa. charges, interest and penalties, shall exist against the abutting property superior to all other liens. except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as proYided in this article for city property taxes .

.. By resolution adopted by the '.\layor and City Council April 2. l 9i3. commencing with calendar year 19i3. the Tax Commissioner of Cobb Count\' is herebY authorized to send notices of ad rnlorem taxes and to collect same for all property located inside the cit\' limits of Kennesaw."

ARTICLE\'

ELECTIO!\"S

5.01

Regular elections.

5.02

Qualification of candidates.

5.03

Qualification of electors.

5.04

Applicability of general laws.

5.05

Time of election; polls.

GEORGI.-\ L\\\'S 1999 SESSIO~

51i9

5.06

Place of elections.

5.0i

\'oter registration.

5.08

Rules.

5.09

Absentee ballots.

5.10

Call for elections.

Sec. 5.01 Regular elections.

Time for holding and taking office. The regular elections for mayor and councilmen shall be held on the first Saturday in October of each Year. Officials elected at any regular election shall take office on the first \l01~day in January next following such election.

Sec. 5.02 Qualification of candidates.

.-\ny person desiring to become a candidate in any regular election shall file written notice of his candidacy with the municipal superintendent not less than 22 days nor more than 52 days, as prmided by ordinance, prior to the date fixed for the holding of any such election. \\'ritten notice of candidacy for any special election shall be filed with said superintendent not less than 15 nor more than 30 days, as proYided by ordinance, prior to the date fixed for the holding of any such election. (Ga. L. 19il, p. 3620, as amended by Ga. L. 19ii, p. 3221; Ga. L. 198i, p. -li81)

State Law Reference: O.C.G..-\. section 21-3-91 proYides that dates for filing notices of candidacy shall be between 22 and 52 days prior to general elections and between 15 and 30 days for special elections.

Sec. 5.03 Qualification of electors.

.-\ny person meeting the qualifications of an elector of members of the General ..\ssembh under state law, who is a bona fide resident of the CitY of Kennesaw, shall be qualified to register as an elector in any city election held under this charter. (Ga. L. 19il, p. 3620, as amended by Ga. L. 19ii, p. 3221)

Sec. 5.0-l .-\pplicabilitY of general laws.

Except as otherwise proYided by this charter, the election of all officials of the City of Kennesaw where proYision is made for election by the qualified Yoters thereof, shall be conducted as to special or general elections in conformity so far as applicable with the prmisions of the Georgia \lunicipal Election Code in Title 21, Chapter 3 of the Official Code of Georgia ..\nnotated as it now exists or may hereafter be amended. Whene,er any time period established by said code is altered so as to change or supersede any time period herein, it shall be considered that said periods herein shall be correspondingly changed so as to aYoid any conflict between the charter and the general law.

Sec. 5.05 Time of election; polls.

The polls shall be opened from i:00 a.m. to i:00 p.m.

5180 LOCAL .-\.."D SPECIAL ACTS .-\.."D RESOLL'TIO:\S, \'OL. II

Sec. 5.06 Place of elections.

The polling place or places for holding elections shall be prescribed by the mayor and council and shall be published in the election notice; proYided, howeYer, any change in a polling place shall be affected as proYided by O.C.G.A., section 21-3-163 of the '.\lunicipal Election Code, as it now exists or ma\" hereafter be amended.

Sec. 5.0i \'oter registration.

In all elections held in the City of Kennesaw, whether special or general elections, the rnters in addition to the qualifications already prescribed, shall be registered as ma\" be prescribed by ordinance.

Sec 5.08 Rules.

The maY. or and council are hereb\". authorized to enact bY ordinance such additional rules consistent with this charter and general laws as are deemed necessan for the conduct of elections.

Sec. 5.09 Absentee ballots.

The maYor and council in its discretion is authorized to ordinance for absentee ballots for am citY election.

State Law Reference: Absentee ballots are now proYided for by state law, O.C.G..-\.. Sec. 21-3-280 et seq.

Sec. 5.10 Call for elections.

Any call for an election "hich is required to be made by the la\\s of this state shall be made bY. the maY. or and council.
**FOOT:\ OT**

"By ordinance adopted by the '.\larnr and City Council June 21, 1993. the City of Kennesaw does hereby authorize Cobb CountY, through its Board of Elections and Registration to conduct CitY of Kennesaw General Elections...

ARTICLE \1

Recorder"s Court

6.01

Creation.

6.02

Recorder.

6.03

Jurisdiction.

6.04

Right of appeal.

6.05

Court costs.

6.06

Rules for court.

Sec. 6.01 Creation.

There is herebY established a court to be known as the "Recorder's Court, .. City of Kennesaw. which shall be jurisdiction and authority to try

GEORGIA L\WS 1999 SESSIO:'\

5181

offenses against laws and ordinances of said city and to punish for a ,iolation of the same. Such court shall h,n-e the power to enforce its judgments by the imposition of such penalties as may be pro,ided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or adYise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court, to go or mme beyond the reach of the process of the court; to try all offenses within the territorial limits of the City of Kennesaw constituting traffic cases which under the laws of Georgia are placed \\ithin the jurisdiction of municipal or police courts to the extent of an in accordance with the pnwisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with Yiolations and to prescribe the condition of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper to the conduct of said court. The presiding officer of such court shall be known as the recorder. Said court shall be c01wened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the ma,or and council.
Sec. 6.02 Recorder.
(a) :'\o person shall be qualified or eligible to serYe as recorder unless he shall haYe attained the age of 21 years. shall not ha\'e been co1wicted of a crime imoh'ing moral turpitude and shall be qualified to Yote in Cobb County. The recorder shall be appointed by the mayor and council, and shall sene at their discretion. The compensation of the recorder shall be fixed by the mayor and council. :'\othing herein shall disqualify the mayor or am councilman from sening as recorder or recorder pro tem.
(b) The recorder pro tem shall sene in the absence of the recorder, shall haYe the same qualifications as the recorder, and shall be appointed bY. the maY. or and council.
(c) Before entering on duties of his office, the recorder or recorder pro tem shall take an oath before an officer duh authorized to administer oaths in this state, that he will truh, honestly and faithfully discharge the duties of his office to the best of his ability without fear, farnr or partiality. This oath shall be entered upon the minutes of the meeting of the mayor and council.
Sec. 6.03 Jurisdiction.
The recorder shall haYe power to impose fines, costs and forfeitures for the ,iolation of any law ordinance of the City of Kennesaw passed in accordance with this charter, for each offense in an amount not to exceed S2,000, to imprison offenders for a period of not more than 60 days, or at labor on the roads and streets or other public works of said city for not more than 60 days; and the said recorder shall ha,e the power and authority to impose any one or more of these punishments when he shall

5182 LOCAL .-\.'\;D SPECIAL .--\CTS .-\."D RESOLL'TIO:\'S, \'OL. II
find that the facts of the case so justifr. Said recorder shall not hme the authority to inflict a greater punishment for contempt than to impose a fine of Sl00 or imprisonment not exceeding 20 days, or any combination of the nm. He shall be to all intents and purposes a magistrate, so far as to enable him to issue warrants for offenses committed within the limits of the Cin of Kennesa\\ which may be executed bY an officer of said cin, and to co1;1111it the offenders to jail or admit them to bail in bailable cases.for their appearance at the next term of court of competent jurisdiction to be held in said city. The recorder's court shall also haYe concurrent jurisdiction with that of the magistrate oYer offenses against the criminal laws of the state committed "ithin the corporate limits. Except as may be herein othenrise specified, the recorder is Yested ,dth all of the jurisdiction and powers as to entire area within the corporate limits of the City of Kennesaw. The recorder's court is specifically inYested with all jurisdiction and powers throughout the entire area within the corporate limits granted by state la,rs generally to mayors, recorders, police courts, and particularly such laws as authorized to administer oaths. (Ga. L. 19il, p . 3620, as amended by Ga. L. l 9ii. p. 3221)
Sec. 6.04 Right of appeal.
The right of appeal and procedures pertaining to appeal bonds to the Superior Court of Cobb County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court. .--\n appeal to the superior court shall be a de noYo proceeding.
Sec. 6.05 Court costs.
In all cases in the recorders court of the Cin of Kennesaw, the cost incurred and allmrnble herein may be computed under the proYisions of the laws of the State of Georgia fixing costs in the magistrate courts of said state, or the maYor and council maY establish a schedule of fees to defray costs of operati;n and the citY shail be entitled to reimbursement of the costs, meals, transportation, and caretaking of prisoners bound OYer to the superior court for Yiolations of state law. The mayor and council may also prmide a uniform scale of costs of the clerk and police officers of said city for all sen-ices in the arrest and prosecution of offenders in the recorder's court and in the issuance and collection of tax and other executions; and for their collection and payment into the cin treasury. The recorder is hereby authorized to issue subpoenas to compel the attendance of witnesses to said recorders court, and to issue such other processes as may be necessan for the proper administration of said court.
Sec. 6.06 Rules for court.
With the approYal of the mayor and council; the recorder shall haYe full pmrer and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; proYided, hmreYer, that the mayor and council may

GEORGIA L-\WS 1999 SESSIO:!\:

5183

adopt in part or in toto the rules and regulations relatiYe to the procedures to the operation of the superior courts under the general laws of the State of Georgia.

Sec. 6.0i Probation.

In addition to the prons1ons of Section 6.03 of this charter, the municipal court shall haYe the authority to place any person found guilty or a Yiolation of a traffic law or ordinance of the City of Kennesaw upon probation and to suspend or modify any sentence. In addition to such punishment, the court may require attendance at safety education schools, alcohol or drug risk reduction schools, or other training and educational programs. The municipal court shall haYe the authority to order any person placed on probation to pay a probation fee to City of Kennesaw Probation Department ofno more than S20.00 per month. In addition, any person required to attend a safety education school, alcohol or drug risk reduction school, or other training and educational programs shall pay all the costs thereof. The municipal court shall further haYe authority to require am person found guilty of a Yiolation of a traffic law or ordinance of the City of Kennesaw to submit to random drug or alcohol testing and to pay all costs of said tests.

LOCAL ACTS DISPOSITION TABLE

~C - ~ot codified R - Repealed
S - Superseded

et sew. - And the sections which follow

Year 1971 1972
1973 I ~>7:;
1976 1~177
I ~>7~> 19H'.! l~lH:l I ~lt<-! 19t<-! l9H6 l9H7

Page

Subject

3620 3-F,2
33!(; 3019
329:; 3221
-!332 -!91:) .i:;6:; -!%9 -!t<73 H.B. 1936. 1937 -!7H0

:\ew charter
Election of maYor and council
Ordinances: budget
Election of ma,or and council
Corporate limits
Corporate limits: qualification of m.nor and council: pres.icling officer: clerk's bond: budgets: taxes: court _jurisdiction
Corporate limits
Corporate limits
Corporate limits
Corporate limits
Corporate limits
Corporate limits
Candidates for election

Disposition Codified 2.03 .2 .0-!.
1.02. 2.12. -!.03 2.03. 2.0-!
1.02 1.02. 2.02. 2.06. 2.IO. -!.0 I. -!.06. -!.07. -!. I0. -!.12. :;.02. :;.03. 6.03
1.02 1.02 1.0'.! 1.02 1.02 1.02 :;_02

5184 LOCAL .-\..'\JD SPECIAL ACTS .-\..'\D RESOLCTIO:\'S, \'OL. II

\'ear 19H7

Subject Corporate limits

Disposition 1.0'.!

PUBLISHER'S AFFIDAVIT

STATE OF GEORGI.-\, - County of Cobb.

Before me, the undersigned, a :\'otary Public, this day personally came Otis.-\. Brmnb\', who, being duh s,rnrn, according to law, says that he is the publisher of the Marif'tta Dai~\' ]011/'llal, publishers of the Mmif'lta Dai~\' ]011/'llal, official newspaper published at Ylarietta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 12, 19, 26 day(s) offune, 1998, and on the ________ days of _____, 19__, as pro,ided by law.

Otis .-\. BnnnbY

Subscribed and sworn to before me this 24 day of Juh, 1998.

Sue T. Shepherd :\'otary Public, Cobb County, Georgia Yly Commission Expires December 7, 2001 (SEAL)

M-470 PUBLIC HEARING

:\'otice is hereby gi\'en that the \fayor and City Council of the City of Kennesaw shall hold public hearings to gi\'e consideration for the Adoption of Ordinance 1998-06 to amend the Charter of the Cit\' of Kennesaw as follows:

That the Charter of the City of Kennesaw is hereby amended by deleting Section l.02(a) through l.02(j) entitled "Corporate boundaries" and by reformatting and by renumbering the remaining Charter as currently adopted. The intent of this Charter amendment is to delete Section 1.02 which sets forth the corporate boundaries in legal description format of the Cit\ and to reformat and renumber the Charter in a more understandable, readable, easy-to-use format and numbering system which is consistent with the comprehensiYe adoption and recodification of the entire Ordinances of the Cit\' of Kennesaw.

A copy of this Ordinance and the proposed Charter Amendment is on
file in the Office of the Clerk of the City of Kennesaw, 2529 J. 0.
Stephenson ,he., Kennesaw, GA and in the office of the Superior Court of Cobb County for inspection by the public.
Said hearing shall in the Council Chambers of City Hall, 2529 J. 0.
Stephenson A\'e., Kannesaw, GA at 7:30 p.m on July 6, 1998 and at 7:30 pm. on July 20, 1998. All interested citizens are in\'ited to attend and be heard relatiYe thereto.

GEORGIA L--\WS 1999 SESSIO'.'\
Diane H. Coker Cit\' Clerk 6:12, 19, 26
Filed in the Office of the Secretary of State February 18, 1999.

5185

CITY OF KE'.'\:\ESAW - \ IL''.'\ICIP.--\L COL'RT; PROB.--\TIO'.'\ FEE.
CITY OF KENNESAW
AMENDMENT TO THE CHARTER OF THE CITY OF KENNESAW
ORDINANCE 1998-08
This .--\mendment proYides for the elimination of the S20 00 monetary limitation imposed upon the City of Kennesaw Probation Department for the payment of a month!Y probation fee by any person ordered to pay such probation fee as a condition or imposition of a sentence. Section 6.07 of the CitY of Kennesaw Charter shall be amend as follows:
BY striking from the third sentence the words of no more than S20.00 per month and adding to the third sentence ..or to any corporation, enterprise or agency to which the City of Kennesaw has contract to perform probation serYices .. so that the third sentence of Section 6.07 shall read as follows: ..The municipal court shall ha,e the authoritY to order any person placed on probation to pay a probation fee to the City of Kennesaw Probation Department or to any corporation, enterprise or agency to \\'hich the City of Kennesaw has contracted to perform probation sen-ices...
BY adding the follm\'ing sentence to Section 6.07: ..The goYerning authoritY shall haYe the authority to set probation fees ...
(Ga. L. 1992. p. ).
So apprmed this 20th daY of Juh-, 1998.
CITY OF KE'.'\'.'\ES.--\\\' JOH:'\ R. H.--\\".\'IE, \L--\YOR
ATTEST: DI.-\..'\' H. COKER. CITY CLERK
PUBLISHER'S AFFIDAVIT
ST.--\TE OF GEORGI.-\, - Count\' of Cobb.
Before me. the undersigned. a :\otary Public, this daY personally came Otis.--\. BrumbY. \\'ho, being duly s,rnrn. according to law, says that he is the publisher of the .\larirtta Dai(y Journal. publishers of the .\larirtta Daily Journal. official newspaper published at \Iarietta, in said count\' and State,

5186 LOCAL .-\.'\'D SPECI.-\L ACTS .-\..'\'D RESOLLTIO:--:S, \'OL. II
and that the publication, of which the annexed is a true copy, was published in said paper on the 12, 19, 26 day(s) of June, 1998, and on the - - - - - - - - days o f - - - - ~ 19__, as proYided by law.
Otis A. Brumby
Subscribed and sworn to before me this 24 day of Juh, 1998.
Sue T. Shepherd :'\otary Public, Cobb County, Georgia :Vly Commission Expires December i, 2001 (SEAL)
PUBLIC HEARING
:'\otice is hereby giYen that the :Vlayor and City Council of the City of Kennesaw shall hold a public hearing to giYe consideration for the Adoption of Ordinance 1998-08 to amend the Charter of the City of Kennesaw as follows:
This Amendment proYides for the elimination of the S20.00 monetary limitation imposed upon the City of Kennesaw Probation Department for the payment of a monthly probation fee by any person ordered to pay such probation fee as a condition or imposition of a sentence. Section 6.0i of the City of Kennesaw Charter shall be amended as follows:
By striking from the third sentence the words "of no more than S20.00 per month" and adding to the third sentence "or to any corporation, enterprise or agency to which the CitY of Kennesaw has contract to perform probation sen-ices" so that the third sentence of Section 6.0i shall read as follows: "The municipal court shall haYe the authority to order any person placed on probation to pay a probation fee to the City of Kennesaw Probation Department or to any corporation, enterprise or agency to which the City of Kennesaw has contracted to perform probation sen-ices."
By adding the following sentence to Section 6.0i: "The goYerning authority shall ha,e the authority to set probation fees." y
A copy of this Ordinance for the proposed Charter ..\mendment is on file
in the Office of the Clerk of the City of Kennesaw, 2529 J. 0. Stephenson
A,e., Kennesaw, GA and in the office of the Superior Court of Cobb County for inspection by the public.
Said hearing shall be in the Council Chambers of City Hall, 2529 J. 0.
Stephenson A.Ye., Kennesaw, GA at i:30 p.m. on July 6, 1998 and at i:30 p.m. on July 20, 1998. All interested citizens are imited to attend and be heard relatiYe thereto.
Diane Coker CitY Clerk
Filed in the Office of the Secretary of State February 18, 1999.

GEORGL\ L\WS 1999 SESSIO.'.'\

5187

CITY OF STO~E y[OC.'.'\TAI.'.'\ - coc:--.:CIL; OATH.
PROPOSED ORDIX-\.'\iCE :'\O. 98-13
.-\., ORDI~.-\.'\iCE TO .-\.\,[E~D THE CHARTER OF THE CITY OF STONE YIOC:'\TAI:'\, GEORGL\, ARTICLE III, ORG.-\.,IZ.-\.TIO:'\ OF
GO\'ER..'\iYIE:'\T, GE~ER...\L .-\.LTHORITY, .-\.,D ORDI~.-\.'\iCES, SECTIO.'.'\ 3.11, ORG.-\.,IZ.-\.TIO:'\, TO PRO\1DE FOR.-\ RE\'ISED OATH OF OFFICE .-\.'\iD FOR ..\LL OTHER L-\WFTL PCRPOSES
THE COUNCIL OF THE CITY OF STONE MOUNTAIN HEREBY ORDAINS THAT:
The pro,isions of the City Charter, Article III, Section 3.11, be amended by deleting Section 3.11 in its entirety and substituting in lieu thereof a new section 3.11 which shall read as follows:
PART I.
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 b., the Cit\.' Clerk and the newh. elected members of the
goyerning authority shall take the following oath of office:
.. I do swear that I will faithfully perform the duties of mayor or councilmember, as the case may be, of the City of Stone \ ,fountain, during my term of office; and that I am not the holder of any unaccounted for public money due the State of Georgia or any political subdiYision or authority thereof; that I am not the holder of any office of trust under the gmernment of the Cnited States, any other state, or any foreign state which I may, by the laws of the State of Georgia, be prohibited from holding; that I am otherwise qualified to hold the office to which I haYe been elected according to the constitution and laws of Georgia, that I will support the constitution of the Cnited States and of the State of Georgia; that I am a resident of the City of Stone y{ountain; and that I will enforce the Charter and ordinances of the Cit\. of Stone Ylountain to the best of 111.\' skill and abilit\-.
P.-\.RT II.
It is hereby declared to be the intention of the \fayor and City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are seYerable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional bY the Yalid judgment or decree of any court of competence jurisdiction, such uncon-

5188 LOCAL .--\.,. D SPECIAL ACTS .--\XD RESOLL'TIOXS, \'OL. II

stitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance.

The foregoing was proposed by Councilmember HEIL with a motion that the same be adopted. Said motion was seconded by Councilmember BEXTOX. Same was then put to a Yote and_ Councilmembers Yoted in fayor of the Ordinance and _Q Councilmembers rnted against the Ordinance. Said motion was thereupon declared passed and duly adopted this
~ day J.-\..1.\T.--\RY, 1992_.

s/ \-LWOR CHL'CK Bl'RRIS

Jan \i\l1ittington CITY CLERK

.--\PPRO\'ED .--\S TO FOR:Vl: Joe Forbes CITY .--\TTOR.,EY

First reading: DECE\-IBER 1, 1999

Second reading: J.-\..". \;L\RY 5. 1999

Pl'BLISHER'S .-\FFID.--\\1T

ST.--\TE OF GEORGI.--\ COL'!\'TY OF DEKALB

Personalh- appeared before me, the undersigned. a Xotary Public within
and for said county and state, Carolyn J. Glenn. Publisher of The
Champion ::-.;ewspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal adYertisements for said county, who being duly sworn, states on oath that the report of Pl'BLIC '.\iOTICES, .-\...\IEXD .--\RT. III SECT 3.11 a true copy of \\hich is hereto attached. was published in said newspaper on the following date (s):

11 / 26/98, 12/ 03/ 98, 12/ 10/ 98
C-\ROL\~ J. GLE!\':\:, Pl'BLISHER

Sworn to and subscribed before me this 12/ 11 / 98.

Dorcas Y Jernigan :'iotarY Public ~" commission expiresJuly 31 , 2001.

THE OFFICIAL LEGAL ORG.-\..., 0:\: DEKALB COL':\:TY

NOTICE OF PROPOSED AMENDMENT TO CHARTER OF
THE CITY OF STONE MOUNTAIN, GEORGIA

:\:otice is hereby giYen that an Ordinance has been proposed to amend the Charter of the City of Stone ~fountain, Georgia (.-\ct :\:o. 1032, Ga. L.

GEORGI.-\ L-\WS 1999 SESSIO~

5189

1990) so as to amend Article III Section 3.11 of the Charter and related laws of the city so as to pro\'ide for a re,ised oath of office and for all other la\\ful purposes.
A copy of the proposed Ordinance to amend the Charte r is on file in the office of the City Clerk of the City of Stone '.\-Iountain, Georgia and the Office of the Clerk of Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public.
This l i day of ~member, 1998.
Jane \,\'hittington, City Clerk Cit\' of Stone '.\-Iountain
Filed in the Official of the Secretary of State :\-larch 1, 1999.

CITY OF STATESBORO - CITY COC~CIL; DISTRICTS.
.-\.\tlE::'\D'.\-lE~T TO CHARTER '.\-LWOR .-\.'-iD CITY COC~CIL OF STATESBORO
STATE OF GEORGIA
Pursuant to the '.\-lunicipal Home Rule .-\ct of 1965, O.C.G.A. section 36-35-1 et seq. and after ha\'ing duly published notice of this amendment in a newspaper of general circulation for three weeks within a period of 60 days prior to final adoption , Sections 8-6and 8-9 of the City of Statesboro Charter, said charter haYing been apprmed :\-larch 26, 198i (Ga. L. 198i, p. 455i), is hereby amended to read as follows:
"Sec. 8-6. Election , terms of mayor and council members.
"All elections for Yla\'or and CitY Council members shall be conducted and scheduled according to the mandates of the Georgia \lunicipal Election Code, O.C.G..-\.. section 21-3-1 et seq. The '.\-layor and each member of the CitY, Council shall be elected for terms of four Y, ears. The municipal corporate limits shall be di,ided into foe rnting districts, with one council member being elected from each district."
"Sec. 8-9. Candidate for city council; election districts.
"For the purpose of electing said members of the Council of the City of Statesboro, the City shall be di\'ided into election districts, as described below:
District One
"Beginning at a point at the intersection of Lake,iew and Hardy Road and running thence southerly along the eastern right of way of~orth \Iain Street (Lake,iew Road) to its intersection with Ladd Circle; running thence easterly along the center line of Ladd Circle to its intersection with the existing City Limits; running thence southerly along the city limits to

5190 LOCAL ,-\..'W SPECIAL ACTS ,-\..~D RESOLCTIO!'\S, \'OL. II
the intersection of Matthew Road; running thence northeasterly along the western right-of-way of the Central of Georgia Railway to the intersection of a projection of the southern property line of James ;\;ewsome; running thence southeasterly along the property line common to James ;\;ewsome and Smith to a corner: running thence northeasterly along the property line common to James ;\;ewsome and Smith to a corner common to \1\'illie Frink; running thence southeasterly along the property line common to Willie Frink and Smith to a corner common to the Bulloch Count, Correctional Institute; running thence southeasterly along the propert; line of the Bulloch County Correctional Institute to a corner; running thence southeasterly along the property line of the Bulloch County Correctional Institute to a corner common to the Georgia Department of Transportation; running southeasterly along the property line common to the Bulloch County Correctional Institute and the Georgia Department of Transportation to the northern right-of-way of C.S. H\-\Y 301; running northeasterly along the northern right-of-way of C .S. H\-\Y 301 to the intersection of a projection of the eastern right-of-way of the Eastside Bypass; running thence southeasterly along the eastern right-of-way of the Eastside Bypass to the property line common to William D. Franklin and Stephen M. Jordan; running thence northeasterly along the property line common to William D. Franklin and Stephan M. Jordan to the corner of Oakcrest SubdiYision; running northeasterly along the property line common to Oakcrest SubdiYision and William D. Franklin to a corner common to Gates Peed; running thence northeasterly along the property line common to Oakcrest SubdiYision and Gates Peed to a corner; running thence southerly along the property line common to Oakcrest SubdiYision and Gates Peed to the northern right-ofBway of Ga. Hwy. 24 (East '.\ilain Street); running thence westerly along the center line of Ga. Hwy. 24 (East Main Street) to its intersection with the center line of Turner Street; running thence south along the center line of Turner Street to the intersection \\ith the center line of Thomas Street; running thence westerly along the center line of Thomas Street to the intersection with the center line of Gordon Street; running thence southwesterly along the center line of Gordon Street to the intersection with the center line of South Crescent Circle; running thence northerly on the center line of South Crescent Circle to its intersection with the center line of East '.\ilain Street; running thence west along the center line of East '.\fain Street to its intersection with the center line of :'.\'orth Zetterower .-\\'enue; running thence north along the center line of :'.\'orth Zetterower Axenue to its intersection with the center line of East Olliff Street: running thence west along the center line of East Olliff Street to its intersection with the center line of Da,is Street; running thence north along the center line of DaYis Street to its intersection " ith the center line of :'.\'orthside DriYe East: running thence westerly along the center line of :'.\'orthside DriYe East to its intersection with the eastern right-of-way of the Central of Georgia Railroad; running thence northerly along the eastern right-of-way of the Central of Georgia Railroad to its intersection with center line of East Parrish Street: running thence

GEORGIA L-\WS 1999 SESSION

5191

westerly along the center line of East Parrish Street to its intersection with the center line of Blitch Street; running thence southerly along the center line of Blitch Street to its intersection with the center line of !',;orthside Dri,e; running thence northwesterly along the center line of !',;orthside Drhe to its intersection with the center line of Can-er Street; running thence westerly along the center line of Caner Street to its intersection with the center line of Williams Street; running thence west along the center line of Williams Street to its intersection with the center line of Stockyard Road; running thence north along the center line of Stockyard Road to its intersection with the center line of Williams Road; running thence west along the center line of Williams Road to its intersection with the pre,ious corporate limits; running thence south along the pre,ious corporate limits to its intersection with the property line common to W.Z. Brown and Olliff and Aldred; running thence westerly along the property line common to W.Z. Brown and Olliff and Aldred to a corner; running thence northerly along the property line common to W.Z. Brown and Olliff and Aldred to a corner common to F. \erett Williams; running thence northeasterly along the property line common to F. EYerett Williams and Quail Run SubdiYision to a corner; running thence northeasterly along the property line common to F. E,erett Williams and Quail Run Subdhision to the northern right-of-way of Williams Road; running thence northwesterly along the property line common to F. E,erett Williams and Lewis Hook to a corner; running thence northwesterly along the property line common to F. E,erett Williams and Lewis Hook to a corner; running thence northeasterly along the property line common to F. EYerett Williams and Lewis Hook to a corner common to Ernest Williams; running thence northeasterly along the property line common to Lewis Hook and Ernest Williams to the northern right-of-way of ~iller Street; running thence southeasterly along the northern right-of-way of Miller Street to the property line common to Rosa Lee Flannel and Charles Robbins; running thence northeasterly direction along the property line common to Rosa Lee Flannel and Charles Robbins to a corner common with Cardell Thompson; running thence northeasterly along the property line common to Cardell Thompson and Charles Robbins to a corner common to Gordon Lowe; running thence northeasterly along the property line common to Gordon Lowe and Charles Robbins to the northern right-of-way of C .S. Hwy 80; running thence northeasterly along the property line common to Roscoe Laircey and Mary Lind M. Saussy to a corner; running thence northwesterly along the property line of Roscoe Laircey to the property corner common to westchester SubdiYision; running thence in a northeasterly direction along the property line common to Westchester Subdi,ision, :'Jorthlake SubdiYision, and the Cit\" of Statesboro Land Fill to the
0
eastern right-of-way of Lake \'iew Road; r unning thence southerly along the eastern right-of-way of Lake,iew Road to the existing Statesboro City Limits; running thence along the existing Statesboro City Limits to the point of beginning.

5192 LOCAL .-\..\;D SPECIAL .\CTS .-\..'\D RESOLCTIO:'\S, \ 'OL. II
District Two
"Beginning at a point where the center lines of \\'illiams Road and Stockyard Road intersect and running thence south along the center line of Stockyard Road to its intersection with the center line of William Street, running thence east along the center line of \\'illiam Street to its intersection with the center line of Caner Street: running thence east along the center line ofCarYer Street to its intersection with the center line of :'\orthside Drhe; running thence southeasterly along the center line of :'\orthside DriYe to its intersection with the center line of Blitch Street; running thence north along the. center line of Blitch Street to its intersection with the center line of Parrish Street; running thence easterly along the center line of Parrish Street to its intersection with the western right-of-way of the Central of Georgia Railroad; running thence southwesterly along the western right-of-way of the Central of Georgia Railroad to its intersection with center line of :'\orthside DriYe East; running thence east along the center line of :'\orthside DriYe East to its intersection with the center line of Da,isBStreet; running thence south along the center line of DaYis Street to its intersection ,\'ith the center line of East Olliff Street; running thence east along the center line of East Olliff Street to its intersection with the center line of Zetterower A,enue: running thence south along the center line of Zetterower AYenue to intersection with the center line of East Grady Street; running thence west along the center line of East Grady Street to its intersection with the center line of Broad Street; running thence southwesterly along the center line of Broad Street to its intersection with the center line of Brannen Street; running thence southwesterly along the center line of Brannen Street to its intersection with the western right-of-way of the Central of Georgia Railroad; running thence southwesterly along the western right-of-way of the Central of Georgia Railroad to its intersection with the existing corporate limits; running thence along said city limits boundary line to its intersection with the property line common to the :'\e\'ille Estate and the area known as Sugar Hill; running thence westerly along the property line common to the :'\e,ille Estate and Sugar Hill to a corner common to BJ. \\'illiams; running thence northerly along the property line common to BJ. \\'illiams and Sugar Hill to a corner common to the B.\'. Page Estate; running thence northeasterly along the property line common to the B.\'. Page Estate and Sugar Hill to the existing City Limits; running thence along the existing CitY Limits to the intersection with the center line of \\'illiams Road: ru1~ning thence easterly along the center line of Williams Roads to the point of beginning.
District Three
Beginning at a point where the center lines of East Grady Street intersect with Broad Street and running thence east along the center line of East Graci\- Street to its intersection with the center line of Park .\yenue; running thence south along the center line of Park A,enue to its

GEORGIA L-\WS 1999 SESSIO:\:

5193

intersection with the center line of East Jones .-\yenue; running thence southeasterly along the center line of East Jones .-\Yenue to its intersection with the center line of Gentilly Road; running thence south along the center line of GentillY Road to its intersection with the center line of Pitt-Yloore Road; running thence west along the center line of Pitt-:\foore Road to its intersection with the center line of Ga. Hwy. 67 (Fair Road). Running thence southeasterly along the right-of-,rny of Ga. Hwy. 67 to its intersection with the center line of Herry DriYe; running thence westerly along the center line of Herty Dri,e to its intersection "ith the center line of Georgia .-\yenue; running thence southeasterly along the center line of Georgia .-\yenue to its intersection with the center line of Forest DriYe; running thence southwesterly along the center line of Forest DriYe to its intersection with the run of Little Lotts Creek Tributary; running thence southeasterly along the nm of Little Lotts Creek Tributary to its intersection with the southern right-of-way of the Eastside Bypass; running thence northeasterly along the southern right-of-way of the Eastside Bypass to the western right-of-way of Old Register Road; running thence northwesterly along the southern right-of-way of the Eastside Bypass to the western right-of-way of C.S. Hwy. 301; running thence northwesterly along the southern right-of-way of the Eastside Bypass to the eastern right-of-way of the Central of Georgia Railway; running thence northeasterly along the eastern right-of-way of the Central of Georgia Raihrny to its intersection with the center line of Brannen Street; running thence northeasterly along the center line of Brannen Street to its intersection with the center line of Broad Street; running thence northeasterly along the center line of Broad Street to the point of beginning.
District Four
"Beginning at a point where the center lines of Pitt :\Ioore Road Georgia Hwy. 67 (Fair Road) intersect and running thence east along the center line of Pitt-Moore Road to its intersection with the center line of GentillY Road; running thence southwesterly along the center line of Gentilly Road to its intersection with the center line of Georgia Hwy. 67 (Fair Road); running thence southeasterly along the center line of Georgia Hwy. 67 (Fair Road) to its intersection with the prior City Limits; running thence east along the said prior city limits to its intersection with Little Lotts Creek; running thence southwesterly along the nm of Little Lotts Creek to its intersection with the southern right-of-way of the Eastside Bypass; running thence westerly along the southern right-of-way of the Eastside Bypass to the western right-of-\\ay of Georgia Hw~. 67; running thence westerly along the southern right-of-way of the Eastside Bypass to the property line separating the T.E. Rushing Estate and Park Place \'illas; running thence southerly along the property line common to Park Place \'illas and the T.E. Rushing Estate to a corner; running thence southeasterly along the property line common to Park Place \'illas and the T.E. Rushing Estate to corner; running thence southeasterly along the property line common to Park Place Yillas and the T.E. Rushing Estate to a corner common to R..-\.

519--! LOCAL .-\'.\'D SPECIAL ..\CTS .-\.'\'D RESOLL'TIO'.\'S, \'OL. II
Clark: running thence northwesterly along the property line common to R...\. Clark and Park Place \'illas to a corner common to DaYid Sprole: running thence northwesterly along the property line common to Park Place \'illas and DaYid Sprole to a corner common to the Graham Estate: running thence northerh- along the property line common to the Graham Estate and Park Place \'i!las to a corner common to Bob Patray: running thence northerh along the property line common to Bob Patray and Park Place \'illas to the western right-of-way of Lanier DriYe: running thence northerly along the western right-of-way of Lanier DriYe to the southern right-of-way of the Eastside Bypass to its intersection with the nm of Little Lotts Creek Tributan: running thence northeasterly along the nm of Little Lotts Creek Tritutar\' to its intersection with the center line of Forest DriYe: running thence northeasterly along the center line of Forest Drhe to its intersection with the center line of Georgia .-\,enue: running thence nortln\'esterly along the center line of Georgia A,enue to its intersection with the center line of Herty Drhe; running thence east along the center line of Herty DriYe to its intersection with the center line of Georgia Hwy. 6i (Fair Road): running thence northeaster!\' along the center line of Georgia H,\'y. 6i (Fair Road) to the point of beginning.
District FiYe
"Beginning at a point "here the center lines of Zetterower .-\yenue and East \fain Street intersect and running thence east along tlw center line of East .\fain Street to its intersection with the center line of South Crescent Circle; running thence southeasterly along the center line of South Crescent Circle to its intersection with the center line of Gordon Street: running th~nce northeasterly along the center line of Gordon Street to its intersection \\ith the center line of Thomas Street: running thence east along the center line of Thomas Street to its intersection with the center line of Turner Street; running thence north along the center line of Turner Street to its intersection with the center line of East \lain Street (Ga. Hwy. 24); running thence east along the center line of East \lain Street (Ga. H,,y. 24) to the intersection of a projection of the eastern right-of-\\ay of Beasley Road; running thence southerly along the eastern right-of-way of Beasley Road to the southern right-of-way of Jones \lill Road; running thence southerly along the eastern right-of-way of Beasley Road to the property line common to Bel-Air SubdiYision and Chester Hood; running thence southeasterly along the property line common to Bel-..\ir Subdi,ision and Chester Hood to the corner common to \,lerrywood SubdiYision; running thence southeasterly along the northern property line af \,lerrywood Subdi\'ision to a corner; running thence soutln\'esterly along the eastern property line of \lerr~wood Subdhision to a corner; running thence northwesterly along the property line of \,lernwood Subdi,ision to a corner; running thence southwesterly along the property line common to \ ,[errywood Subdi,ision and Doy Boyd to the southern right-of-wa, of L' .S. Hwy. 80: running thence northwesterly along the southern nght-of-way of L' .S. Hwy. 80 to the eastern right-of-way of East

GEORGI.-\ L\\-\'S 1999 SESSIO'.'\

5195

Sandy Way which is common to the property line of Joseph E. :vlarshall; running thence southwesterly along the eastern right-of-way of East Sandy Way which is common to the property line of Joseph E. \larshall to a corner common to George \I. Brannen; running thence northwesterly along the southern right-of-way of East Sandy Way which is common to the property line of George \I. Brannen to a corner common to LynnhaYen Estates; running thence northwesterly along the property line common to Lynnha,en Estates and George \I. Brannen to the western right-of-way of Cawana Road; running thence southwesterh along the eastern right-of-way of Cawana Road to the property line common to Bernard Olliff et al. and George \I. Brannen; running thence southwesterly along the property line common to Bernard Olliff et al. and George \I. Brannen to the eastern right-of-way of the Eastside Bypass to its intersection " ith Little Lotts Creek; running thence northeasterly along the run of Little Lotts Creek to its intersection with the prior city limits; running thence "est along the said prior corporate limits to its intersection "ith the center line of Georgia Hwy. 67 (Fair Road); running thence northwesterly along the center line of Georgia Hwy. 67 (Fair Road) to its intersection with the center line of Gentilly Road; running thence northeasterly along the center line of Gentilly road to its intersection with the center line of East Jones .\Yenue; running thence northwester!\' along the center line of East Jones .-\yenue to its intersection with the center line of Park .-\Yenue; running thence north along the center line of Park .-\,enue to its intersection with the center line of East Grady Street; running thence west along the center line of East Grady Street to its intersection with the center line of Zetterower .-\yenue; running thence north along the center line of Zetterower .-\yenue to its point of beginning...
The effectiYe date of the amendments shall be at the next election scheduled pursuant to the Georgia \lunicipal Election Code, O.C.G..-\. section 21-3-1. .\II ordinances or parts of ordinances in conflict herewith are repealed. .\dopted at the regular meeting of the :Vlayor and City Council of Statesboro, this 17th clay of .\ugust, 1993.
\L\YOR .-\..'\D CITY COC'.'\CIL OF STATESBORO
BY: Hal .-\Yeritt, Ma\'Or
.-\ttest: Susan \-lock, Clerk
.\FFID.-\\1T OF PCBLIC.-\TIO'.'\
GEORGL\, BCLLOCH coc:-,.:T\'.
Before me the undersigned officer of said State and County. personally appeared A.JOE \kGL-\..vlERY, who, being by me first duly sworn, deposes and says on oath: \fy name is A JOE \kGL\\IERY and I am the agent of the STATESBORO HER-\1...D, a newspaper for said County, and that the attached legal notice was correctly published on the following dates:

5196 LOCAL .-\..'\D SPECIAL ACTS A'\D RESOLCTIONS, \'OL. II
July 22, 1993 July 28, 1993 August 4, 1993
.-\. Joe YlcClamery PCBLISHER
Sworn to and subscribed before me this 6th day of October, 1993.
Karen Tanksle, :\'otary Public, Bullock County, Georgia
.:-,.;oncE OF \'OTER REDISTRICTI.:-,.;G \LWOR A.: o CITY coc.:-,.;c1L
OF STATESBORO
:\'otice is hereby giYen to the yJayor and City Council of Statesboro pursuant the Ylunicipal Home Rule Act of 1965, O.C.G.A section 36-35-1 et seq. of a proposal to amend sections 8-6 and 8-9 of the City of Statesboro Charter, said charter haYing been approYed Ylarch 26, 1987 (Ga. L. 1987, p. 4557). The proposed amendment concerns the composition and boundaries of election districts for seats on the CitY Council of Statesboro. Cnder the proposal, the number of City Council seats would remain at fhe and the number of geographical districts would increase from the current number of four to fiye districts. The proposed amendment is the result of an annexation of unincorporated properties into the municipal corporate limits and seeks to achieYe representation of current and future residents of the City of Statesboro on the City Council that complies with the \'oting Rights Act of 1965. The proposed amendment incorporates a redistricting plan approYed by resolution of the \fayor and City Council passed on April 6, 1993. .-\ copy of the proposed amendment is on file in the office of the CitY Clerk of Statesboro and in the office of the Clerk of Bulloch County for the purpose of examination and inspection by the public. The proposed amendment ,\ill be considered for final adoption at the August 17, 1993 meeting of the Ylayor and City Council of Statesboro.
.:-,.;o. 1622 08-04-93
Filed in the Office of the Secretary of State March 24, 1999.

GEORGI.--\ L\WS 1999 SESSIO~

519i

ORDER OF THE SUPERIOR COURT OF DOUGLAS COUNTY
DISSOLVING
THE CITY OF LITHIA SPRINGS
PURSUANT TO CODE SECTION 36-30-7.1
OF THE OFFICIAL CODE OF GEORGIA ANNOTATED
~ote: On January 21, 1999, an appeal in this case was docketed in the Georgia Court of ..\ppeals. '.'\o. ..\99..\100-1. ~o decision had been rendered as of the date this ,olume was printed.

GEORGIA L\WS 1999 SESSION

5199

GEORGIA, DOCGL\S SCPERIOR FILED 31st DAY OF Dec. 1998. Jane C. Williams Clerk

I:'\ THE SCPERIOR COCRT OF DOCGL\S COCNTY

STATE OF GEORGIA

JAMES T. TURLEY & THELMA TURLEY
Plaintiffs

Versus

Civil Action N~ 97CV00372

THE CITY OF LITHIA SPRINGS, GEORGIA Defendant

ORDER GRANTING SUMMARY JUDGMENT

The parties haYe filed their supplemental briefs, affidaYits and exhibits. The court has reYie"ed the filings of the parties and makes its findings using the appropriate standard for sununary judgments that there can remain no material questions of fact for decision by a finder of fact. From the pleadings, briefs, exhibits and affida,its filed, there remain no questions of fact and the court issues this decision based upon the undisputed facts before it.

The court declines to reconsider its preYious ruling on the standing of the plaintiffs to question the Yalidity of the contracts at issue. In addition to the preYious findings, the court notes that the questions presented by this action under the OCGA ~36-30-i. l relate to whether or not the City of Lithia Springs has prO\ided certain sen-ices as required by law. Cnder that law "any citizen of the municipal corporation or the county in which the legal situs of the municipal corporation is located may bring at any time on or after July 1, 1995, a declaratory judgment action for a declaration of the dissolution of the municipal corporation ." The City defends against the plaintiffs' complaint not by showing that it has as a matter of fact pro,ided water and sewer senices but by contending it has prO\ided those senices by entering into a contract with the Douglas,ille-Douglas County Water and Sewer Authority (WSA). That defense giYes the plaintiffs the right to question legality of that contract and any other contracts the defendant presents by which it claims it has complied with the statute. As to the need to join the WSA as a party to this action, the defendant argues that WSA is a necessary party but fails to follow the simple procedure set out in the Ci\il Practice Act for joinder of necessary parties. The court does not find that WSA is a necessary party to this action since its rights are not at issue and it will not be financially affected by any potential ruling in this case. Additionally, there is nothing that has prohibited the WSA from inten-ening in this action during the years the case has been pending.

5200 LOCAL .--\..'\D SPECIAL ACTS .--\..~D RESOLCTIO~S. \'OL. II
WATER .--\..'\D SD\'ER ACTHORITY CONTRACT
The court finds that there has neYer been a senice contract between the City of Lithia Springs and the Douglasville-Douglas County Water and Sewer Authority for the proYision of either water sen-ices or sewer senices.
The City contends that the contract for the transfer of assets meets the requirement that the City provides water and sewer senices to its citizens. The .-\ffidaYit of Director Frost contradicts this argument and renders moot all of the discussion about the validitY of the consideration for the transfer contract. "The Authority has never had a service contract with the city of Lithia Springs through [sic] the authority has had service contracts with Douglas County and with Douglasville since 1985." Frost .-\ffidavit 113. The City has not contradicted this statement of fact in any of its response to the motion of the plaintiffs.
Looking more closely at the asserted contract, the court notes that it is styled "AGREE~IE'.\T FOR TR--\.."-:SFER OF WATER .--\.."-:D SE\\'ER ASSETS... It is not a sen-ice agreement and nothing in its terms recite that it is a sen-ice agreement. The City's reliance upon this contract is misplaced and this argument has served only to confuse the issues. The court concludes that since the City of Lithia Springs and the WS.-\ ha,e no contract for the WSA to provide water or sewer sen-ices on behalf of the City, the City does not in fact or by contract prmide such sen-ices.
\'ALIDITY OF CO:\'SIDERATIO~ OF THE TR--\...1':SFER CO!\:TR.\CT
\\11ile the preYious finding renders moot the question of the validity of the consideration for the transfer contract, the court will address portions of that argument on the contingency that some other court may review this order in the future.
The defendant argues that the Douglasville-Douglas County Water and Sewer Authority could not supply ,rater inside the municipal limits of the City of Lithia Springs pursuant to Article IX, 2, 13 of the Georgia Constitution. This article prohibits counties from exercising any of the listed powers or proYiding any listed sen-ices inside the boundaries of any municipality except by contract. It similarly limits the use of such powers or pro,ision of such senices by municipal corporations outside their borders.
The court finds that the WSA was expressly authorized by the Legislature to provide water and sewer sen-ices anywhere in Douglas County or within the limits of any municipality inside or outside Douglas County. Georgia Laws 1985, at page 359i. Therefore this Article of the Constitution does not apply.
As recited by the defendant, the WSA was created by the Legislature in 1985. The City of DouglaSYille and Douglas County contributed significant assets to the Authority. The City of Lithia Springs is not specifically mentioned in the local legislation.

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5201

The plaintiffs ha\'e filed Yarious affidaYits of long time residents of Douglas County and the Lithia Springs area in regard to water and sewer senices proYided to the residents of the City oYer the years. It is undisputed that the City of Lithia Springs was inactiYe from the time the Legislature passed 1933 Ga. Laws 1050 to repeal its charter upon the rnte of the citizens of Lithia Springs until approximately 1993. When the '.\fayor and
council failed to call the special election, Judge J. R. Hutcheson issued a
'.'vlandamus Absolute requiring the City officials to call and hold the necessary election. It is also undisputed that the City sold all of its assets in order to raise money to hold the election, that the elction was held, but the results of the election were not recorded in an\' known records of either the City of Lithia Springs or the Probate Court of Douglas County. Thereafter the City did not haYe a mayor or council, and they did not hold meetings for the six decades that followed.
The City has offered no proof of any kind whatsoeYer that it owned or operated any water lines or sewer facilities of its own.
The plaintiffs haYe offered the affidaYits of Wayne Watson, the former general manager of the Douglas County Water System and seYeral long time residents of the area of Lithia Springs. According to those affidaYits, the only entity to proYide water and sewer sen-ices in the geographic area of Lithia Springs was Douglas County since there was no actiYe or functioning city goyernment. .--\11 water and sewer assets in what is now considered incorporated Lithia Springs, Georgia were owned, operated and maintained by the County of Douglas or the successor authorities. 1 \,\'atson goes on to note that he has neYer known of nay water and sewer assets that the City of Lithia Springs Georgia eYery owned, operated or
maintained in whole or in part. \-\'atson .\ffidaYit ,r 8.
The plaintiffs also offer the affidaYit of the current director of the WSA,
Peter J. Frost. '.'vlr. Frost aYers that he is the only director that the WSA has
e\'er had, and that at the time the Authority acquired its assets from Douglas County, the county gO\ernment owned, operated and maintained all water and sewer assets in what is now incorporated Lithia Springs. Peter
J. Frost A.ffidaYit ,r 7. Since the creation of the Authority (1985), Frost aYers
further that he has not known of am centralized water or sewer assets that ha\'e been owned, operated or maintained by the City of Lithia Springs.
The City relies upon its contract with the WSA dated December 21, 1995 as the basis of its contention that it proYides water and sewer senices to its citizens. From the undisputed a\'ennents of the plaintiffs' witnesses and taking judicial notice of the order of this court filed April 2, 1993, the court concludes that at that time the City of Lithia Springs was sought to be resurrected, the Water and Sewer Authority owned all water and sewer related assets within the borders of the City of Lithia Springs. The court

1 \\'arne \\'atson .-\ffidaYit, 16.

5202 LOCAL ...\..."-:D SPECIAL ACTS ...\...,D RESOLCTIO:\'S, \'OL. II
further concludes that since that date, the City has not acquired any additional assets to proYide such senices. The court further concludes that the \\'SA was legally authorized to proYide such senices under the authority granted it under the local legislation that created it? Since the City of Lithia Springs itself had nothing to do with the construction or operation of the water and sewer system inside its geographic borders, it therefore had no claim upon such assets.
The City argues that it had the exclusi\e right to proYide water and sewer sen-ices to its citizens. This argument is specifically contradicted by the matters the City prO\ided in its own brief, that is, by the text of House Bill '.\'o. 680 which created the WSA.
The City also O\erlooked the history of Douglas County in the prO\ision of ,rnter sen-ices to the citizens of the county. As noted in the affidaYit of Wayne Watson, the county had the DouglasYille-Douglas County Water Authority from 1974 to the time of creation of the DouglasYille-Douglas CountY ,,rater a11d Sewn Authority in 1985. The legislation that created the first authority granted it authority to sell water to users and consumers located within the State of Georgia and counties and municipalities. This first authority was accountable to the City of DouglasYille and the Douglas CountY Board of Commissioners which appointed four of the fiye members of the authority board. The City of Lithia Springs is not mentioned in this legislation.
The City also mistakenly applies the county limitation of the Constitution to the WSA. The AuthoritY is not a county or a city. It is a public corporation created for a spt'cific purpose by the Georgia Legislature. It does haYe the statutory authority to proYides these sen-ices inside the corporate limits of Lithia Springs.
The City argues that there was uncertainty as to the ownership of the infrastructure within the CitY limits which could form a basis for consideration for the WSA contract.
The WSA's only director aYers that its purchased all of the water and sewer assets from the County of Douglas by a contract dated :\'oYember 15, 1985. He goes on to say that at that time there "as no functioning or actiYe municipal goyernment of any kinds located in what is now considered incorporated Lithia Springs. He specifically states that at the time of the purchase contract, "the county goYernment owned, operated and main-
"~ ~:'>. Georgia Laws I 985 at page 3:'>97: ..\\'ithout limiting the geueralitv of am prmisious of this ..\ct. the general purpose of the ..\uthoritv is declared to be that of acquiring. equipping. co11s1ructi11g. mai11tai11i11g and operating adequate water supply. treatment and distribution facilities and se11erage collection . treatment and distribution facilities. making such facilities and the senices thereof available to public a11d private consumers a11d users located iu the Citv of Douglas,ille. Douglas Count\' and their emirous. including municipalities within and without the said county and to adjoining coumies. .. :

GEORGIA L\WS 1999 SESSIO:'\

5203

tained all water and sewer assets in what is now incorporated Lithia spring, and all such assets were transferred to the Authoritv bv such contract."
Frost Affidavit, 1 i . He states further that the contracted dated December
21, 1985 between the Authoritv and the City of Lithia Springs, Georgia "resulted in the transfer of no assets whatsoever to the Authority." Supra, , 11. He states further that it is and always has been the position of the Attthority that the City of Lithia Springs ne,er had any rights or interests in water and sewer assets. Supra, 112.
The court in its first order on this case found that a question of fact remained as to the alleged water and sewer contract. The additional filings ha,e now c01n-inced the court that no material question of fact remains in regard to that contract.
GR-\Tl'ITIES CL-\l'SE
The court sets aside its conclusion that the gratuities clause should be applied to this contract. Although no party has argued it, the alleged contract is with a public corporation which ma\' well take it out from under the constitutional provision on gratuities by county goyernments.:1 Therefore court does not reach that issue based upon the finding in the previous section.
ZO:'il~G .-\..'\D BULDl'.',;G E'.',;FORCE'.\-IE:'\T RE\1SITED
The defendant now argues that its ordinances could haYe been enforced by actions in the superior court for injunction. That begs another question: Did the City ever bring any action to enforce its ordinances in superior court? The court takes judicial notice that the City has ne,er filed any such enforcement action.-1 The court also obsenes that the Cit\ has offered no proof as a matter of fact that it eyer brought any action in any court to enforce any ordinance. The court notes further that the City lack of enforcement of its ordinances is due to its choice to proceed with contracts that in their own terms required the implementation of a city court or a contract with the county's Chief ~1agistrate.
This court is required to look at the question of whether the City had within a reasonable p~riod of time prior to the filing of the suit prmided the required senices." The court finds that it did not. The court declines

"The court does note. howe,er. that as a general rule. unless a corporation is created for
such purpose. it is not within its power to gi,e awa, its propern. qs ~ 653(b)
1The court takesjudicial notice of the court"s own docket. That docket re,eals the following actions: Case 98C\"02382 Brvan P Hilton ,s Citv of Lithia Springs: 97C\"00372.James & Thelma Turle~ ,s Citv of Lithia Springs et al (the present action): 97C\"00372 7698C\'0006-t Harn Kilgore ,s Citv of Lithia Springs et ..\I: 98C\"03097 Citv of Lithia Springs Ga ,s Richard E Hale-the undersigned judge handled this action which imohed the question of th e residence of the defendant Richard E. Hale and his entitlemelll to sene as mavor.
''The statllte does 1101 specif\- a time period. The court concludes then that it is required to use a reasonable time standard.

5204 LOCAL A.~. D SPECIAL ACTS .-\..~D RESOLL.TIO'.\iS, \'OL. II
to consider subsequent actions taken by the City to attempt to shore up its failure to proYide the serYices it claims.
CONCLCSION
The court preYiously found that the City of Lithia Springs prmided road repair sen'ice, but the court found the City proYided no law enforcement serYices (either in fact or by contract), fire protection senices (either in fact or by contract), zoning enforcement (either in fact or by contract), building code enforcement (either in fact or by contract) or recreation facilities. The court preYiously found that a question of fact existed as to the two other alleged sen-ices the City contended it pro,ided, water sen-ice and sewer serYice. The City relied upon a contract for the transfer of nonexistent assets in support of its claim that it had proYided water and sewer sen-ices. The court finds that the alleged contract is not a contract for sen-ices, but rather as it is plainly styled, it is a contract for the alleged transfer of assets. The City has no contract \\ith the DouglasYille-Douglas County Water and Sewer Authority for that Authority to proYide water or sewer senices as stated in the uncontradicted affidaYit of WSA Director
Peter J. Frost. The City has therefore only proYided one serYice within a
reasonable time prior to the filing of plaintiffs' complaint. This does not meet the minimum standards of the law, and the municipal corporation known as the City of Lithia Springs, Georgia is therefore dissohed.
The Clerk shall file a certified copy of the judgment with the Secretary of State and the legislatiYe counsel. The court notes further that OCGA 36-30-i U) requires that copy of this judgment shall be published in the next publication of the annual session laws with the same status and effect proYided for in subsection (f) of this Code section; and a certified copy of the judgment from the court or the Secretary of State shall ha,e the same status and effect. As to City assets and obligations, the court notes the proYision of O.C.G.A 36-30-i.l (g) in the footnote below. h
,;O.C.G.A 36-30-7.l(g) l'pon the termination of existence of a municipal corporation as pro,ided for in this Code section. the existence of am local authorit\' created b, or for such municipal corporation shall likewise terminate on the same date. l'pon the termination of am municipal corporation or local authorit\' under this Code section. all assets. propert\'. and legal rights and obligations of the municipal corporation or local authorit\' shall dernhe b, operation of law upon the gmerning authorit\' of the count\' in which the legal situs of the municipal corporation or local authorit\' was located: prmided. hm,e,er, that this dernlution of rights and obligations shall in no manner obligate the countY to pro,ide cominued emplorn1ent for am emplo\'ee of the abolished municipal corporation or local authorit\'. In the case of legal indebtedness of a municipal corporation or local authorit\' dernhing upon a count\' under this Code section, the count\' shall be authorized but not required to !en a special district tax, fee, or assessment within the fonnerl\' incorporated territor\' (or a portion thereof corresponding to am special district for which the indebtedness was incurred) for the purpose of retiring all or a portion of such indebtedness...\ssets dernhed to the count\' gmerning authorit\' pursuant to this Code section which are deemed to be excess b, the count\ shall be used to retire am indebtedness of the terminated municipal corporation or local ~uthorit,. Property dernhed to the count\ go\'erning authoril\' pursuant to this Code

GEORGL-\ L-\WS 1999 SESSIO~
So ordered this December 31, 1998. David T. Emerson Judge Superior Court Douglas Judicial Circuit
Distribution List Scott Camp, Esquire D. Michael Williams, Esquire

5205

section which is deemed to be unnecessary b, the countY shall be sold and the proceeds from such sale used to retire am indebtedness of the terminated municipal corporation or local authorit\.

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